Unfortunately, you may have to carry your catastrophic accident around with you for the rest of your days. But this may be especially true if, in its wake, you are left with physical scars and disfigurements. With this, outsiders may be able to easily, visibly notice the pain that you live with. This is not only due to your appearance, but also your ability to function in normal society. All of this to say, you may be desperate for some sort of compensation or relief, possibly in the form of Social Security Disability Insurance (SSDI) benefits. Well, please follow along to find out whether you qualify for SSDI benefits if you are left with scarring and disfigurement after your accident, and how a proficient lawyer of SSDI eligibility in New Jersey, at The Law Offices of Sheryl Gandel Mazur, can help you make a case for it in your application.
Does the SSA recognize scarring and disfigurement as disabilities?
Notably, the Social Security Administration (SSA) has a set list of physical, mental, and emotional disabilities that are generally eligible for SSDI benefits. Among these conditions listed are skin disorders. Namely, there are genetic photosensitivity disorders, burns, and chronic skin or mucous membrane conditions (i.e., ichthyosis, bullous disease, dermatitis, psoriasis, hidradenitis suppurativa, etc).
Say, for instance, that your scarring and disfigurement have to do with a serious burn injury you received in a catastrophic personal injury accident. Well then, the SSA may deem it an eligible disability under any or all of the following conditions:
- You cannot use both upper extremities to independently initiate, sustain, and complete work-related activities involving fine and gross movements.
- You cannot use one upper extremity for work-related activities, and you have a documented medical need for an assistive device that requires the use of your other upper extremity.
- You cannot stand up from a seated position and maintain an upright position for work-related activities due to at least two affected extremities.
- You cannot maintain an upright position while standing or walking for work-related activities due to your two affected lower extremities.
What qualities of scarring and disfigurement might make me eligible for SSDI benefits?
As you can likely gather from the example provided above, your scarring and disfigurement must significantly affect your ability to maintain substantial gainful employment activity. In other words, it must be more than a condition that would be physically visible to your colleagues and others in your workplace, to the point that it would cause your embarrassment. Rather, it must entail a loss of bodily function that directly hinders your job performance.
On that note, you should understand that the SSA may not approve your SSDI benefits application if they believe your scarring or disfigurement will fade or otherwise improve in less than a year’s time. This is because, for all qualifying conditions, they must have existed or be anticipated to exist for at least 12 months. In the meantime, you may be better off asking your workplace for reasonable work accomodations until you reach a full recovery.
All of this to say, your eligibility given your scarring or disfigurement is not black and white, but rather it is in a gray area. And so, if you find yourself in need of legal aid, look no further than a skilled lawyer of SSDI eligibility in New Jersey. Whether you simply have a legal question or require legal representation in an upcoming court case, our team at The Law Offices of Sheryl Gandel Mazur is willing to help out. Please pick up the phone and call us today.
