Obtaining Social Security Disability (SSD) is difficult, even for those who meet the Social Security Administration’s (SSA) eligibility requirements. What can make filing a claim more complicated are the many myths surrounding SSD benefits and the application process.
We’ve compiled a list of 5 common myths about Social Security Disability that everyone should be aware of. Continue reading to learn more. We also invite you to contact our law firm for a free case consultation if you’re disabled and in need of benefits.
Social Security Myths Affecting Disability Applicants
Myth #1: Obtaining Social Security Disability Benefits Is Easy
All disability claims are subject to a thorough evaluation process. The SSA denies a majority of claims, but all claimants are able to file an appeal. However, the appeals process is equally if not more difficult to navigate than the initial application process.
When applying, it’s crucial to include substantial medical and non-medical evidence that supports your claim. You must also prove that you meet the eligibility requirements for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
The SSA has strict guidelines in place to prevent fraudulent claims. However, as a result, legitimate claims are often unfairly denied. Working with a qualified North Dakota disability lawyer can help you build a strong case, avoid mistakes, and meet crucial deadlines.
Myth #2: You Don’t Need an Attorney at an Administrative Hearing
When filing a disability appeal, you first must make a reconsideration request. If you don’t agree with the SSA’s decision following reconsideration, you can move on to the next step. This includes requesting a hearing with an Administrative Law Judge (ALJ).
While you don’t have to hire an attorney for your ALJ hearing, it’s in your best interests to do so. In the setting of the hearing, the Administrative Law Judge has the role of the impartial decision maker. The ALJ will often direct questions to claimants to assess their eligibility for benefits. Your answers to these questions can make or break your case.
Your attorney can help prepare you for questions you’ll receive during the hearing. They will also have an important role in asking key witnesses, like medical and vocational experts, questions which will help the ALJ decide if you’re disabled.
A disability attorney can also spend time gathering important supportive information from your medical team. They’ll obtain more than a simple statement from your doctor claiming you have a disability. Rather, they will assist your doctor in understanding the SSA’s eligibility requirements. This will allow your physician to provide information that thoroughly describes your condition and the limitations it places on you.
Myth #3: You Must Be Disabled for a Year Before You Can Apply for SSD
In reality, you don’t need to wait a year after becoming disabled before applying for Social Security Disability benefits. The SSA requires that your disability be expected to last at least 12 months for you to receive benefits. However, you can and should apply as soon as you are unable to work. Waiting to apply can delay payments you need to care for yourself and your family.
Additionally, the claims process can be lengthy. Starting your application as soon as possible ensures you receive benefits sooner if the SSA approves your claim.
Myth #4: Your Medical Condition Must Be in the Blue Book
The SSA’s Blue Book lists medical conditions that automatically qualify for disability benefits. However, just because your condition isn’t in the Blue Book doesn’t mean you can’t obtain SSD.
The SSA also considers other impairments and the overall impact of your condition on your ability to work. You may be able to receive benefits through a Medical-Vocational Allowance if you can’t qualify based on medical criteria alone. This requires an assessment of your residual functional capacity (RFC). This evaluation looks at your physical and mental limitations and how they affect your ability to perform past work or adjust to other types of work.
A knowledgeable Social Security Disability attorney can help you navigate this process and increase your chances of obtaining SSD.
Myth #5: Hiring an Attorney To Help You File for Social Security Disability Isn’t Necessary
While it is true you can apply for SSD without an attorney’s assistance, Social Security cases are not simple. They are extremely complex and challenging. You can maximize your chances of receiving benefits when you work with a qualified disability lawyer.
Your attorney will know what to expect during the application process, what medical evidence is crucial to your case, and how to decipher complicated legal and medical language.
In the event you need to file an appeal, a lawyer can be invaluable. They will go over your initial application and identify errors or issues that might have led to your denial.
Contact Ficek Law, PC.
Knowing the myths surrounding Social Security Disability is essential to understanding your rights and filing a successful claim. Many people mistakenly think they’re not eligible for benefits, or that once they’re denied there’s no chance for an appeal. That’s why we aim to educate and support our clients at Ficek Law, PC.
Accurate information and proper guidance can make a huge difference in the success of your application. If you need assistance applying for SSD, contact the experienced professionals at Ficek Law, PC. Our skilled disability attorney Anton G. Ficek is here to provide the assistance you need.
