My husband was thrown off his horse two months ago. Since then he has had a plate and 4 screws put in his back and still has one more surgery to complete.  This will be a total of 4 surgeries.  My husband is 37 years old and states that he doesn’t know if he will ever be able to work again.  Where do we go from here?

— Shannon

Jonathan Ginsberg responds:  Shannon, the first step here is to file an application for benefits.  You do this by calling 800-772-1213 to start the process.  Because it has not been a year since the accident, do not be surprised if your claim is denied at the initial application. If you are denied you (or your attorney) woul dneed to file an appeal within 60 days.

Here are the questions I see:  first, is it likely that your husband will be unable to perform any type of job for at least 12 months.  If he is totally out for at least a year he can get a “closed period.”  Although it may be hard to imagine now, he may get better (and hopefully he does) within the next year.  Although a closed peirod does not help you pay your bills now, it would provide a small lump sum for you.

Second, If arthritis sets in and your husband is left in a chronic pain condition, then he would be eligible for on-going disability benefits.

Ultimately, your husband’s doctors would have to support your claim by identifying specific work activity limitations arising from his diagnosis.  I use a functional capacity form questionnaire to help the doctor translate  the diagnosis into work activity terms.

Unfortunately the Social Security disability process can take two, even three years.  I wish I had a good answer for a question I hear frequently – “how am I supposed to survive while I wait.”  All I can say is that you and your family needs to be prepared for a difficult few years while your husband’s claim winds through the system.

–Jonathan