How To Get Social Security Disability Benefits & SSI: Burns
Winning Your Case
With severe burns, Social Security will consider you disabled for SSDI and SSI benefits if you meet just two, but two critical, criteria:
Meeting the disability criteria demands that -
- You are aware how Social Security assesses burns (covered on this page), and
- You satisfy a Social Security burn listing (also covered on this page) or have disabling Functional Limitations (covered on the next page), and
- You Submit Winning Evidence (covered after functional limitations).
Know To Win
Overview
With a burn disability, Social Security appreciates how serious it can be. A burn is assessed by degree. A first-degree burn affects the top layer of skin (epidermis). A second-degree burn (a partial-thickness burn) affects the top and middle layer of skin (epidermis and dermis). A third-degree burn (a full-thickness burn) involves all three layers of skin (epidermis, dermis, and fat).
Social Security requires you have medical testing establishing your burn diagnosis. A diagnosis is primarily made by observation of a doctor. Diagnosis is secondarily made by EMG if there is nerve damage, blood or urine tests to measure proteins which are released as the result of destruction of muscle tissues, or electrocardiogram.
Burn symptoms include the following:
- Pain,
- Reduced range of motion,
- Loss of function,
- Swelling,
- Blisters,
- Skin loss, and
- Infections.
Burn treatment includes skin grafts, plastic surgery, physical or occupational therapy, and antibiotics if an infection exists. Treatment is so very important because it provides a record of your burns. Social Security relies on this record to assess disability.
You will rarely be found disabled with first- or second-degree burns. Third degree burns are considered very serious. Ultimately, the burns must lead to significant functional limitations and restrictions. If you are under age 50, you must show your burns prevent you from doing a sedentary job (sitting for a living). If you are over age 50, you must show your burns prevent you from doing your past work and other work. This other work requirement depends on a variety of factors discussed in the disability criteria.
Tip. Pictures can be very helpful as they help Social Security better understand the severity of your burns - Pictures And What Social Security Looks For In A Disability Case.
Burns: Social Security & SSI Listings
Two listings apply for burns.
Adult Listing 1.08 and Child Listing 101.08 requires one to show 1) one is receiving ongoing surgeries to repair functioning of the burned area, and 2) one's functioning of the burned area was not repaired for at least 12 months.
Adult Listing 8.08 and Child Listing 108.08 requires one to show 1) extensive burns 2) that cause very severe physical restrictions [e.g. restrictions in more than one extremity (restrictions of fine and gross motor movements of the bilateral upper extremities, restrictions of walking in one's bilateral lower extremities, or restrictions in one upper and one lower extremity.)]
Do you suffer another medical condition? If so, visit our Site Menu-Home page to find that review. You may have another way to prove disability.
Q: What is the difference between a good attorney and a bad attorney?
A: A bad attorney can drag out a case for several years. A good attorney can drag it out even longer.
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