An SSD attorney can review how this could affect your car accident case and help you avoid costly mistakes
Just because you get accepted for Social Security Disability after a car accident in Michigan, doesn’t mean you are going to be totally covered. Here’s the trap that our attorneys frequently see auto accident victims fall into:
- To ensure that an individual has a long-term disability, Social Security Disability benefits are not available until a person has been disabled for five full calendar months.
- Meanwhile, many car accident victims will receive No-Fault benefits for lost wages from their own insurance companies to keep them afloat — as they are too injured to return to work.
- But if you’re accepted for Social Security Disability after a car accident in Michigan, you will have to repay your own insurance company for any wage loss benefits you received prior to your SSD approval.
In addition, if you were receiving any kind of short-term disability from your employer, both the short-term disability insurance company and the automobile insurance company are entitled to repayment. This situation leaves the victim having to pay back double any amount he or she has ever received.
In Michigan, when an injured person is approved for Social Security Disability after a car accident, the person who caused the crash also wins. In a normal case, the negligent driver is responsible for any wage loss past the first three years of the accident. This is called excess economic loss. However, if a car accident victim is approved for SSD, the negligent driver is entitled to an offset from the damages he caused. In other words, the public taxpayers are made to pay for the actions of a person who causes a car accident in Michigan— because Social Security Disability benefits are federally funded.
Injured in a car accident in Michigan and have questions about Social Security Disability benefits? Call the attorneys at Michigan Auto Law now for a free consultation!
If you were injured in a car accident in Michigan and you need help with your Social Security Disability benefits claim, call now (800) 968-1001 for a free consultation with an experienced No-Fault lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.
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More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.
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Keep in mind that if your No-Fault insurer requests that you apply for Social Security, you do have a duty to cooperate, but your duty has important limits. Contact a Michigan Auto Law attorney at (855) 755-1962 as soon as an insurance adjuster instructs you to apply. Or fill out our free consultation form.