Not every victim of a sexual assault will qualify for Social Security disability. It is possible to be significantly injured and emotionally traumatized by the assault and still not be eligible for benefits. This is because Social Security disability is only an option for people whose disability is expected to last for more than 12 months or to result in death.
Some Sexual Assault Victims May Be Eligible for Social Security Disability
In order to prove your eligibility to the Social Security Administration (SSA) you will need to prove that: (1) you meet the requirements of a listing in the SSA’s Listing of Impairments; (2) your injury has the same effect on your life as one of the listings; or (3) you are unable to work.
You may meet one of these eligibility requirements if you satisfy the criteria for:
- An anxiety-related disorder as described in Section 12.06 of the Listing of Impairments
- A musculoskeletal disorder as described in Section 1.00 of the Listing of Impairments
- Any other specific listing in the listing of impairments
The Social Security disability application process may seem intimidating. You may not know what to do or you may be reluctant to share personal information with the SSA. However, your efforts may be important and may help you significantly if you are unable to work due to the physical or emotional impacts of your sexual assault.
Accordingly, if you would like to learn more about your rights, we encourage you to fill out our online contact form today to schedule a confidential meeting about your rights and to discuss whether Social Security disability may be an option for you.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.