Despite serving about 9 million Americans, the Social Security Disability Insurance (SSDI) program is not well known to most people. This lack of familiarity has contributed to the rise of some myths and misconceptions about this government program, which provides benefits to people who have become disabled and are unable to work for a living.
In Texas, the experienced attorneys at Kraft & Associates, Attorneys at Law, P.C. help applicants seek Social Security Disability Insurance benefits on a contingency fee basis. If our attorneys handle your Social Security disability claim, you won’t pay any attorney fees unless our law firm recovers money for you. If you are having trouble obtaining SSDI benefits, call our law offices today at (214) 999-9999 for a free consultation!
Debunking Myths or Misconceptions About Social Security Disability
Here’s a look at some of the myths surrounding Social Security Disability Insurance:
- Myth 1: Everyone gets denied the first time they apply. This is more exaggeration than myth. According to Social Security Administration statistics, 36.8% of first-time applicants, including workers, widows, and dependent adult children, were approved to receive SSDI benefits in 2021. Meanwhile, 34.6% of workers’ initial applications were approved. This means more than 65% of workers’ initial applications were denied, and more than 62% of all first-time applications were denied. Many denials are made for technical reasons, such as errors or omissions in the application. Many denials are overturned on appeal.
- Myth 2: You can only appeal an SSDI denial once. There are actually four levels of appeal available to SSDI applicants. Upon a first denial, you have 60 days to request a reconsideration. This allows a different examiner from the one who initially reviewed your application to look at your claim. If that fails, you may request an administrative hearing before an administrative law judge (ALJ), at which you may present any new medical evidence you have. If the judge denies your claim, you can request a review by the Social Security Appeals Council. Beyond that, you can file a lawsuit in U.S. District Court.
- Myth 3: You must be permanently disabled to qualify for SSDI. To obtain SSDI benefits, an applicant must be disabled and unable to work for a living because of an injury or illness. The disabling medical condition must be expected to last 12 months or longer or be a terminal condition. Some disabled workers who qualify for SSDI eventually do get better, and their benefits cease. The Social Security Administration (SSA) regularly reviews SSDI recipients’ medical conditions and eligibility for benefits. In most cases, a Continuing Disability Review (CDR) takes place every three years.
- Myth 4: You can only apply for SSDI benefits after being disabled for a year. Eligibility for SSDI benefits is based on having a qualifying disability that is expected to last a year or more. The SSA maintains a list of medical conditions considered severe enough to prevent a person from working. If you have been formally diagnosed with a listed condition or your condition is as severe as a medical condition on the list, you qualify for benefits. Generally, the Social Security Administration pays your first benefit in the sixth full month after the agency decides your disability began. Under the Compassionate Allowances program, certain cases that usually qualify for benefits are approved as soon as the diagnosis is confirmed. The Quick Disability Determinations program uses technology to identify claimants with the most severe disabilities and allows the SSA to expedite its decisions.
- Myth 5: You cannot work at all if you receive SSD benefits. People who qualify as disabled and receive SSDI can be employed and earn a certain amount of money without losing disability benefits. Because the SSA wants to encourage people to work if they can, SSDI recipients are allowed a 9-month Trial Work Period in which their benefit is not affected, regardless of how much money they make.
- Myth 6: SSDI benefits will reduce your retirement benefits. Your SSDI benefit is calculated according to what you would receive from Social Security upon your full retirement age. When you reach your full retirement age, your disability benefits will switch to Social Security retirement benefits, and the amount will remain the same.
- Myth 7: SSDI is a government handout. Social Security disability is an insurance program. To qualify for benefits, you must have worked for a living and paid taxes into the Social Security system over a specified amount of time or be a qualified worker’s dependent spouse or adult child. A fixed proportion of payroll taxes (FICA) goes to the Disability Insurance Trust Fund.
- Myth 8: Past drug or alcohol use or mental health issues disqualify you from SSDI benefits. These conditions do not automatically disqualify a worker from SSDI benefits. What the SSA considers is whether the individual’s substance abuse is material to their disability. If the person would still be disabled by one or more disorders if he or she were clean and sober, then the person is potentially eligible for benefits. Multiple mental disorders qualify an applicant for benefits if the disorder cannot be controlled well enough with medication and/or therapy to allow the patient to work.
- Myth 9: You don’t need an attorney to apply for SSDI benefits. Hiring an experienced SSDI attorney helps you get your benefits faster. An attorney understands the application process and can help you gather all necessary information and documentation to ensure your initial application is complete and correct. If you have already applied and been denied, an attorney can review your application to identify and correct problems before taking it to an appeal. An attorney can also make sure you receive the full benefit you deserve.
Navigating the SSDI Process
The Social Security Disability application process is complicated. It’s easy to make a misstep that delays the consideration of a disability application or leads to a claim denial. An experienced Social Security Disability lawyer can help you navigate the application process and file an appeal if your disability claim is denied. Our knowledgeable Social Security disability lawyers have helped many disabled Texans receive disability benefits after their claims were initially denied.
Contact Our Texas SSDI Attorneys
The Social Security Disability attorneys at Kraft & Associates, Attorneys at Law, P.C., can help you seek the disability benefits you have earned from years of hard work and payment of Social Security taxes. We can make sure your application is supported by medical documentation and ready for consideration at the initial application stage, during a reconsideration by the Social Security Administration, or in a formal hearing with an Administrative Law Judge.
Call our legal team in Dallas, Texas, at (214) 999-9999 or fill out our online form for a free initial consultation with an experienced attorney about your Social Security Disability benefits.
