Visitor Question

Can I file for disability for a fractured ankle?

Submitted By: Nicole (Brooklyn, NY)

I fell down some stairs at the end of May. I fractured my ankle and had to have surgery. They say it will take up to a year for me to walk normally and I wanted to know if I could apply for disability. If so when would my time expire to file a claim? Thank you in advance.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nicole,

If you’ve suffered a debilitating injury and it’s not job related you can apply for Social Security Disability benefits.

The first step in the Social Security application process is determining whether you are eligible to apply for Social Security Disability Insurance or SSI benefits based on the qualification criteria and strict definition of disability provided by the Social Security Administration (SSA).

How you can apply for Social Security Disability Compensation:

Submit your initial stage application for Social Security benefits to the the Social Security Administration (SSA) online, over the phone, or in person at your local SSA office.

Unfortunately, due to the tremendous volume of applications received by the SSA, denial rates at this stage of application are well over 60%. It’s therefore advisable to familiarize yourself with the entire application process.

Organize your medical records and any other documentation you can put together for the application. You can possibly even contact an attorney or disability advocate before submitting your initial application.

If you were working at the time of your injury, but the injury occurred after work hours, New York State disability benefits are available through the State Insurance Fund. The fund can provide temporary cash benefits to you.

If you were pregnant at the time of your injury you may also be covered. For more information you can call toll-free 1-800-353-3092.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 5, 2011

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