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Q: Can I receive presumptive disability for losing a limb?

A:

You and your family attend the Art and Craft Festival every year at Long’s Park. You love how downtown Lancaster is turned into an art gallery and you are able to walk around and admire the work of local and national artists, alike. This year’s trip, however—had a tragic end.

As you made your way onto the Harrisburg Pike, a drunk driver hit your vehicle, causing your car to rollover a few times. Fortunately, everyone in your vehicle had their seat belts on, but that didn’t stop your leg from being pinned.

After you were taken to the hospital, the doctors determined the best course of action was the amputation of your severely mangled leg. Now you are left unable to work and wonder if you are eligible to claim presumptive disability.

Receiving Presumptive Disability for Your Injury

  • Presumptive disability details. The Social Security Administration can take months—if not longer—to give you an answer about your claim. If you are unable to work, not having money for this length of time can be damaging. Presumptive disability is designed to provide you with support while you wait for the Administration’s decision. The Social Security Administration (SSA) grants this support to those who are “presumed” to be disabled, and the benefits typically last about six months.
  • When the payments stop. If the Social Security Administration takes longer than six months to give you an answer, the presumptive disability payments will stop. Additionally, once the decision is made, no matter what it is, the payments will also cease. Fortunately, if the SSA finds that you are not eligible to receive benefits, you will not be held responsible for repayment for the money you received.
  • Presumptive disability for loss of limb. Those who have received amputations of two limbs or an amputation of one leg at the hip are often granted presumptive disability.

If you need help filing a presumptive disability claim or have been denied, contact the law offices of Schmidt Kramer. We may be able to help you receive the benefits you deserve. We also invite you to click on our testimonials tab to read reviews from some of our valued clients!

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