ALMOST EVERYTHING YOU "KNOW" ABOUT SSDI DISABILITY IS WRONG.

You think you know how Social Security disability (SSDI) works. You've read about it on the internet, talked to some friends, and done your research. But after you file your application, most of what you think you know will turn out to be wrong.

Hundreds of claimants walk into my office each year absolutely convinced that they qualify for Social Security disability benefits. A percentage of them will; however, a lot of them will not.

Here I want to give you several things that people think about Social Security, which are absolutely wrong in practice:

I have coverage under the Social Security Act. TRUTH: You only have disability coverage if you have worked at least 5 years out of the past 10 years and earned at least 20 work credits out of a possible 40 credits. Otherwise, most individuals will not be covered by the Act and may be disabled but won't qualify for any benefits. (Rules are easier for individuals under age 30).

My doctor says I can't work, so Social Security will approve me. TRUTH: Doctors are not permitted to decide who can work or who can't and they may not decide who is disabled and who is not. By law, that decision can only be made by the Commissioner of Social Security. The fact that your doctor supports your claim can be helpful but Social Security is not required to approve you because your doctor says you are disabled or cannot work. It's a lot more complicated.

I know people getting SSDI benefits who are not as disabled as I am. TRUTH: It makes absolutely no difference who else is getting benefits. Your case will live or die on your own medical record and other data. You are not allowed to argue that you are more disabled than someone else. That argument is distracting and derails your case.

The government really wants to pay me a disability benefit. All I need to do is apply. TRUTH: The government is skeptical and believes that most people will lie or misrepresent facts to get a benefit. The government is under tremendous pressure from all sides to deny claims. If given the chance they will deny you. In fact, in the initial application process, about 75 percent of claims are denied. In Reconsideration, aver 90 percent are denied. In a hearing, only about 45 percent are approved. So in every phase, there is a better chance that you will loose than you will win. The system is stacked but not in your favor.

I can't afford to see a doctor but the judge can look at me and talk to me and know that I am disabled. TRUTH: Judges cannot award benefits based on their personal feelings or beliefs. The law requires them to use objective medical evidence to establish that you are disabled. Even if the judge believes that you are truly disabled, he/she will not award any benefits in the absence of medical evidence.

Social Security will give me a benefit if they just use common sense. TRUTH: Social Security uses very little common sense in deciding cases. They use objective evidence. They use the law and the regulations. For any allegation you or your attorney make, Social Security will demand objective proof. The common response we hear from judges is: "Mr. Forsythe, where in the medical file can I find evidence of that?" Not there? Not considered. Social Security doesn't take your word for much of anything.

I can't make a living on any of the jobs Social Security says I can do. TRUTH: Social Security does not consider the wages or pay of any job. If you are judged able to perform ANY full-time job, even if it pays minimum wage, that is basis for a denial. It doesn't matter what you earned before.

True, Social Security found jobs they say I can do; however, none of those jobs are available in my hometown, or even in my state. TRUTH: It doesn't matter. Social Security looks at jobs available in the national economy, not your local or state economy. If most of the jobs they say you could still perform are located on the west coast or in New York, they still count.

Hiring a Lawyer is a Last Resort. TRUTH: 31 percent of unrepresented claimants get approved. 60 percent of claimants with a lawyer/advocate get approved -- based on government data. If your representative wins your case and gets back pay for you, he/she will earn a fee of 25 percent of back pay. If you go unrepresented, you might keep all 100 percent. But 100 percent of nothing equals nothing. Do you really want to cut your chances from 60 percent to 31 percent?

I CAN WAIT UNTIL I LOSE, THEN HIRE A LAWYER. TRUTH: That may work if you contact a lawyer right after your first denial. But if you wait too long, you may find the damage has been done and nobody can fix it. For example, hiring a lawyer after you have been denied at a hearing (a judge's denial) leaves no good options. Chances are, you cannot get another hearing. And no good appeals remain. The judge's unfavorable decision has gone on record and will be very difficult, if not impossible, to overturn. So, hiring a lawyer at this late date may do no good whatsoever. Hire a lawyer before the ship sinks. Lawyers can't raise sunken ships!

________

Charles W. Forsythe is founder of the Forsythe Firm in Huntsville, AL. This firm does nothing but Social Security disability, appeals and hearings.