I recently received a favorable decision where a client had been involved in a traumatic auto accident resulting in a below-the-knee amputation. As with most cases in Mobile, her case took over a year from start to finish. During that time, a lot had changed in regards to her condition. By the time her hearing was scheduled, she had been fitted with a prosthesis and was walking occasionally without crutches, a cane, or walker. However, she was still having a lot of problems with stamina and pain. Because we were able to show that even with the prosthesis, the claimant was unable to stand or walk for any appreciable length of time and unable to stoop or bend and that she was having a lot of pain associated with the new prosthesis, the claimant won her case.
It is fairly common that a claimant's condition changes over the course of his or her case. In the case of traumatic accidents, claimants often get better by the time their hearing rolls around. This doesn't mean, however, that you can't win your case if you're still having significant problems. The most important thing is to continually visit your doctor so that your condition can be documented.
If you have had a traumatic accident and question whether your impairment will meet the durational requirements for Social Security Disability, an experienced Social Security Disability attorney can help you.
For more information regarding durational issues following a traumatic accident, please see my colleague's entry on disability and leg fractures.
"These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."