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What if my injury was my fault?

As human beings, we all make mistakes, usually several times a day. While oftentimes these mistakes are relatively minor errors that cause little more than embarrassment or an inconvenience, on some occasions, our mistakes have serious consequences.

For instance, not paying attention on the road or missing an important safety step while on the job can leave a resident of Fayette County, Georgia, severely injured. Depending on the injury, the person may not be able to return to work ever again.

With respect to Social Security disability, the good news is that residents of the greater Atlanta area, just like those in the rest of the country, can still get SSDI benefits for injuries even when the injury is due to the victim's own carelessness.

The reason is that when considering whether a person is disabled, and thus eligible for benefits, the Social Security Administration does not examine the cause of the injury. Instead, the Administration will focus on whether a person's injuries render her disabled under the law.

To review, in order to prove a disability, an injured worker must prove that, due to his injury, he cannot return to the job he held prior to the injury. Moreover, he will have to show that he will not be able to recover from the injury for at least a year. Finally, he will have to demonstrate to the Administration's satisfaction that he will not be able to find another position through which he can support himself.

Thankfully, the cause of one's accident has little to do with the Social Security Administration's disability determination. In short, Social Security is a no-fault system. However, an injured Georgia worker will still have to prove her case when it comes to claiming disability benefits. In this respect, an experienced attorney's assistance may be helpful.

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Our founding partners each have more than 20 years of experience in disability law, and they have a high success rate in administrative appeals and litigation in SSDI, workers' comp and long-term disability claims involving ERISA. Contact our Atlanta office today to discuss your needs.

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