Disability Benefits for Sexual Assault Victims
The Injury Lawyer Team helps secure disability benefits for sexual assault victims. These often have strict requirements, particularly surrounding medical evidence and income thresholds, making it crucial to check eligibility criteria and provide strong documentation.
We’re here to help you secure the funds you need to heal. Contact us for a free consultation about your eligibility for support services.
Who Qualifies for Disability Compensation After Being Sexually Assaulted?
The Social Security Administration (SSA) requires victims to prove that their impairment has lasted, or is expected to last, at least 12 months.
To be eligible, you must have one or more of the disorders included on the SSA “Blue Book” Listings, or your injury must have the same effect on your life as one of those listings. You may also qualify if you are completely unable to work due to the trauma.
There are special exceptions for those who were sexually assaulted while serving in the military. However, most individuals will seek benefits due to post-traumatic stress disorder (PTSD), which can have a significant impact on all aspects of living.
Military Sexual Trauma and Posttraumatic Stress Disorder
Military Sexual Trauma (MST) is a term used by the Department of Veterans Affairs (VA) to describe sexual assault or harassment that occurs in connection with military service. Unfortunately, the military justice system has historically failed to prevent abuse, and it was only recently that sexual assault cases were tried outside of the perpetrator’s chain of command.
Recognizing this, the Department of Veterans Affairs has a relaxed evidentiary standard for MST survivors (38 C.F.R. § 3.304(f)(5)). Rather than requiring clear evidence from military personnel records or physical injuries like sexually transmitted diseases, survivors can claim benefits based on reported behavioral markers. These would include depression, reduced quality of life, or trouble focusing at work.
The VA provides free and confidential support for MST. Veterans do not need a PTSD diagnosis or documented report to access these resources. Survivors are encouraged to contact their local MST coordinator for further details.
Post-traumatic stress disorder (PTSD) is the most common diagnosis used to meet eligibility requirements. The SSA “Blue Book” Listing 12.15 explains that this classification is for a person who suffered from traumatic experiences that result in symptoms like distressing memories, flashbacks, anxiety, difficulty concentrating, and sleep disturbances.
Claimants will need medical evidence proving that they meet the criteria. The Blue Book notes that this can be medical reports, counseling evaluations, and psychological testing. Evaluators may also talk to family members and friends to understand how your condition affects your daily life.
Which Survivors May Be Eligible for Supplemental Security Income (SSI)?
The Social Security Administration has two programs that offer supplemental income. The first is Social Security Disability Insurance (SSDI), which provides income for those who cannot return to work. These individuals must have a history of work performance, and their benefits are determined based on prior income.
The second is Supplementary Security Income (SSI), which is based on financial need. This is crucial for those who suffered a traumatic event as children, like sexual assault or abuse. These vulnerable adults may have mood disorders, anxiety, or substance abuse issues that make it impossible for them to work.
In general, SSI claims must prove that the disability resulting from sexual assault is totally disabling, and they make less than $2,000 a month.
We Help Victims Recover Full Compensation for the Mental Health Toll of Sexual Assault and Abuse
Our sexual abuse attorneys are here to help you in your healing journey. We can help clients determine whether they meet the eligibility requirements for disability benefits and provide assistance with the application process.
We will work with health care services, crisis centers, and doctors to substantiate your claim. For example, we may obtain police reports from the time of the incident or psychological evaluations demonstrating the assault’s significant impact. If you are in treatment for mental health, we can work with your behavioral health provider to secure evidence.
In addition to these resources, our firm can file civil claims against the perpetrator to seek additional damages. These are meant to secure damages for the harm suffered, such as medical bills, lost wages, physical pain and suffering, and emotional distress.
Certain civil claims can impact your eligibility for disability benefits, making it essential to work with a skilled attorney who is familiar with these criteria. Our compassionate attorneys will explore your legal options and the implications for your benefits.
We work on a contingency fee basis: no fees unless you win. The information you provide is protected under attorney-client privilege, and we will protect your privacy at all steps of the process. Call us at 866-757-6452 or use our online contact form to request a free case review.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.