Social Security Disability Myths

I have been practicing Social Security Disability Advocacy professionally, for nearly a decade. I recall while learning the ropes that I had held many misunderstandings of how the disability process worked and what the program really entailed. Today, I still run into things that surprise me. So for those that are considering applying for disability, it is not surprising that many people misunderstand how the disability program works. These misunderstandings cause people to listen to bad advice and not apply for benefits when they should. Here are some common myths that I hear regularly from clients and friends, alike. This is a very basic breakdown but should help to dispel some of the myths regarding Social Security Disability.

• "Don't I have to give up everything I own?" or "But my spouse is working, won't they say we make too much?"

Social Security Disability or SSDI is a program that working people pay into via income taxes. This is so if he/she became unable to work due to a medical condition, there would be an income for that person. SSDI benefits pay out based on a medical determination and if the person is no longer working. Assets or household income that does not come from the disabled person working is usually not considered for SSDI. When income and assets matter is when a person files a Supplemental Security Income or SSI application. SSI follows the same medical rules as SSDI but pays based on a person's lack of assets or financial resources.

• "Don't I have to be out of work for a while before I can file?"

No. SSDI/SSI rules basically state that if a person's medical condition prevents or is expected to prevent him/her from working for a period of 12 months or more, then he/she is disabled. For example; if a person's condition becomes so severe that she can no longer work, and her physicians believe the condition will likely continue to keep her from working for at least a year, she can file for disability at that time. The person does not even have to be separated, formally, from the employer. If the person knows he will not be returning to the job, but has short-term/long-term, sick leave, or other benefits to exhaust that is fine. The person can begin to exhaust those benefits and apply for disability at the same time. It is very important to note however, that if the person is collected a Workers Compensation benefit, that this information is disclosed to Social Security at the time of application or as soon as the Workers Compensation benefit begins.

• "Don't they have to deny you the first time?"

No. Yet actions speak louder than words. Over 70% of all cases at the initial or first level, are denied. There are many reasons for this. Some are that that at some disability determinations offices the initial cases are processed by newer workers with less experience than others. Another reason is that during the initial process, many applicants do not have representation to assist them. Having a good advocate increases a person's change of being approved. What can also lead to a denial the first time is not completing paperwork or not providing information properly when Social Security asks for it. This leads to the next question.

• "I heard I should hire an attorney and not an advocate." (or visa versa)

There are a lot of opinions out there on this. However, it is always a good idea to have representation by a professional in the field. A professional Social Security representative can be an attorney or a non-attorney. Because a person is an attorney does not mean he or she is a better advocate than a non-attorney. Many non-attorney advocates work for and along-side attorneys at disability firms. What is important is that the claimant feels that the person he or she chooses is going to be a good advocate for the case. Nevertheless, applicants should have a representative advocate. This person's role includes staying in touch with Social Security, assuring the case file gets developed, to make sure the applicant is treated well and fairly, and that the case is processed as fast as possible.

These are only a handful of myths that I hear, but are the most common. If readers have any others that they would like addressed, they can write me, below.

April L. Roberts, EJD EDPNA
april@aaria.org
www.aaria.org
© 2019 April L. Roberts and Aaria Consulting, LLC All Rights Reserved