Burns and Social Security Disability
Some individuals suffer burns that are extremely severe. These burns can have a detrimental impact on a person's quality of life. In some cases, a burn victim is unable to continue performing gainful work activity. In cases such as these, Social Security Disability Insurance and Supplemental Security Income can offset some of the financial burden caused by the burn and the resulting disability. If you or someone you know has suffered from burns that prevent gainful work activity, the following information will help you understand the Social Security Disability claim process and how the SSA reviews disability claims based on burn injuries.
Burn Condition and Symptoms
Some burns are minor, requiring only a few days or a few weeks of healing before the skin begins to repair itself and the injury recovers. Other burns, however, are much more severe in nature and can have a significant impact on an individual's quality of life. It is estimated that more than one million burns require medical treatment each year in the United States alone. These burns range from mild inconveniences to severe injuries that can require surgery and hospitalization.
Burns are divided into three different categories including first degree burns, second degree burns and third degree burns. First degree burns only affect the outer layer of the skin. Second degree burns affect the outer layer of the skin and the layer directly beneath the outer layer. Third degree burns, which are the most severe in nature, affect the outer layer of the skin, the layer underneath the outer layer and cause damage or complete destruction of the underlying tissues. Individuals who suffer from third degree burns usually require medical intervention such as skin grafts or application of artificial materials to the affected area.
Severe burns can have fatal consequences if not treated properly. Many of the individuals who suffer from such burns will experience long-term effects and will be unable to work due to the symptoms caused by the burn. In these cases, Social Security Disability benefits can help offset some of the financial burden that the burn victim is experiencing.
Filing for Social Security Disability with Burns
The Social Security Administration does recognize the fact that some burn victims are unable to maintain full-time employment after suffering a serious burn injury. Because of this, they have included burns in their published Blue Book of disabling conditions under Section 8.08. According to Section 8.08 of the SSA's Medical Listings, an individual who has suffered from a burn may qualify for Social Security Disability benefits if they have suffered a burn that results in extensive skin lesions that are expected to last for a period of twelve months or more.
When filing your disability application, make sure you include complete copies of your medical records as well as photographic images of your lesions in order to support your disability claim. The adjudicator reviewing your file will need to see that your burns meet the SSA's guidelines and will need to understand how severe your burn is and how it impacts your life in order to approve you for disability benefits.
If you suffer from severe burns, but do not meet the specific criteria published in the SSA's Medical Listing guidelines, you may still qualify for Social Security Disability benefits. However, you will likely have to file a disability appeal in order to obtain the benefits you may be entitled to.
Burns and Your Social Security Disability Case
If you are suffering from severe burns and have medical evidence that your condition meets the guidelines that have been covered by Section 8.08 of the Social Security Blue Book, you are likely to be qualified for Social Security Disability benefits during the initial stage of the application process. If there is any question as to whether or not your condition meets the SSA's published guidelines, or doubt that you are not able to maintain substantial gainful work activity, your initial application for disability benefits is likely to be denied and you will need to pursue the Social Security Disability appeal process.
When filing an appeal due to a denied claim for Social Security Disability benefits, you should consult with a qualified Social Security Disability attorney or advocate. These professionals can help you understand why your initial claim for benefits was denied and can help you gather the medical evidence that will be necessary to support your disability case.
Your disability appeal will likely consist of a Request for Reconsideration and a disability hearing. You should also understand that you may need to wait a year or more before actually receiving a hearing date from the office that is in your area. Once your hearing date arrives, however, you will have a fairly good chance of obtaining the disability benefits you need. Nearly two-thirds of disability applicants will receive benefits as a result of a hearing before an administrative law judge. Your chances of receiving benefits are significantly higher with proper legal representation.
To learn more about filing for Social Security Disability benefits with a case of severe burns or to learn more about working with a Social Security Disability lawyer, simply fill out the form for a free case evaluation.
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