Burns hurt, but not every burn will result in Social Security disability benefits. If, for example, you burn yourself on the stove and you are able to work the next day, Social Security disability is not for you because you are not permanently disabled.
However, some burns result in significantly more serious injuries. Burns that keep you out of work and interfere with your daily activities may result in Social Security disability in some cases.
Qualifying for Social Security Disability If Your Burns Are Still Being Treated
If you have burns that are still being treated by a medical professional, you may qualify for Social Security disability if you meet the requirements of Section 1.08 of the Listing of Impairments, if you can prove that your medical condition is equal in severity to another listing, or if you can establish that you are permanently disabled and unable to work.
You may meet the requirements of Section 1.08 if you have burns and you are:
- Having treatment by a surgeon to restore or save functional use of the burned part of your body; and
- Not expected to have functional use back within 12 months.
The definition of functional use depends on the part of the body that was hurt. For example, functional use of your legs would be walking, functional use of your trunk may be bending or twisting, and functional use of your face may be seeing or speaking.
Qualifying for Social Security Disability If Your Burns Have Already Been Treated
If you are no longer under the treatment of a surgeon, you may qualify for Social Security disability benefits if you meet the listing for the body system affected by the burn, if you meet the requirements of Section 8.08, if you can prove that your medical condition is equal in severity to another listing, or if you can establish that you are permanently disabled and unable to work. To meet the requirements of Section 8.08 you must prove that you have burns with extensive skin lesions that are expected to last 12 months or more.
Whether your burns are still being treated or treatment has ended, you must complete a full Social Security disability application with the required medical documentation. However, you don’t have to do it alone. You have the right to work with a Social Security disability lawyer. If you have questions about your rights or about how a lawyer may help you, please contact us via this website today.
by Carl M. Weisbrod Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law