I had auto accident which i was hit from behind in Jan of 2011. Can I pursue a legal case and social security disabilty benefit

Asked almost 2 years ago - Miami, FL

Now I have developed serious back promblems. Presently I'M in phsyical therapy. I have xray done now I need a mri which my ins wont approved. until I finish the pt. I HAVE informed my md about ssd benefits. Can i do both cases at the same time?

Attorney answers (7)

  1. John Michael Phillips

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . It is possible, but you might not want to do that simultaneously. It really depends on injuries and insurance(s) available. The interplay of this process is very important, as you may basically waiving right to some of your recovery. Give a personal injury lawyer a call as soon as possible. We are available this weekend- jmp@knowthelawyer.com. Check us out- www.knowthelawyer.com or 1-800-6-know-law.

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  2. Jeffrey Alan Adelman

    Contributor Level 12

    7

    Lawyers agree

    Answered . Yes. You can pursue both at the same time. However, it has been over a year and a half. You really need to see a personal injury attorney immediately for a case evaluation and to determine if insurance is collectible.

  3. Garry Wayne Miracle

    Contributor Level 9

    6

    Lawyers agree

    Answered . You should contact a Social Security attorney immediately and discuss your medical condition. If you have a medical condition that has or will prevent you from working for 12 straight months we may qualify for benefits. The disability claims process can take several months to about two years to complete. So, don't delay is getting legal advise.

  4. Sarah Houghton Barkley

    Pro

    Contributor Level 4

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    Best Answer
    chosen by asker

    Answered . As some of the other attorneys have indicated, the real question is not "can" you but should you start the social security before the conclusion of the other case. Depending on what type of matter it is it may make sense to wait. For example, if it were a workers' compensation case and you applied for social security/medicare and were approved, there could be restrictions on your money if you decided to settle the workers' compensation case. The person who pays the price if the legal claims are not strategically handled is you. I would encourage you to consult an attorney, ideally an attorney or firm that handles both/all of those types of legal claims to ensure proper communication and efficient management of your matters, with the ultimate goal of the best possible result for you.

  5. Sheldon S Saints

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . You can pursue both but I suggest that you obtain a personal injury lawyer as soon as possible to protect your interests.. I believe you have a two year statute of limitations in Florida. Initial consultations are normally free.

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  6. Keith Patrick Ligori

    Contributor Level 11

    3

    Lawyers agree

    Answered . I would recommend you get to the end of your car accident case before you make a SSD claim; having both going at same time will look bad for the Car accident case. What was the amount of property damage to your car? When did you first seek treatment for your low back? Who was at fault in your crash/ Have you ever had any prior low back complaints of pain/ Any prior car accidents, Workers Compensation cases or Slip and Fall cases? I would consult with an experienced lawyer because the answer to the precious questions can affect your case..

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  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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