MYTHS ABOUT DISABILITY

You may have heard a number of myths about Social Security disability. I want to cover a few of the myths that I've heard and help get the truth out. If you are considering Social Security disability for yourself or a loved one, some of this information may be helpful. By the way, I have practiced in the area of Social Security disability for many years and have handled thousands of cases. I don't know it all, but I've learned a few things in my travels.

MYTH 1. You have to wait 12 months before you can file. No, you should file immediately, once you are convinced that you have a long-term disability. If you believe you will be unable to work for the next 12 straight months, file your claim now. The requirement is that your disability must be expected to last for 12 months because no short term benefits are available.

MYTH 2: I can work and file for disability while I work. The truth is, there is a limit on how much you can earn and still be eligible for Social Security disability (SSDI). Social Security uses the term "Substantial Gainful Activity" or SGA. SGA sets a limit on an individual's wages. In 2021, that limit is $1,310 per month. If you work and earn that much in wages or self-employment you are disqualified for SSDI benefits. If you work part-time and earn less than $1,310 per month, you are not disqualified. I emphasize that this limit is for work related income or wages, not other types of income--such as child support, alimony, investments, interest, rental property, etc.

MYTH 3: You must have limited financial resources to get Social Security disability. Actually, SSDI sets no financial restrictions on you at all. A person could have $1 million in the bank and still qualify for SSDI benefits. A lot of misunderstanding is caused by confusing SSDI with Supplemental Security Income (SSI), which does have financial restrictions. But they are 2 separate programs. SSDI is a Title 2 program which has no income/resource restriction, except that you can't be working at substantial gainful activity.

MYTH 4: It can take up to 5 years to get approved. This is an exaggeration. No two cases are alike, so it's hard to predict how long it will take. Some cases are approved in 2 or 3 months. Others may take a year or more. But very few claimants wait more than 12 to 15 months for a decision. Most claims are denied at the initial stage and have to go through an appeal process. But appeals these days can usually be handled in about a year in Alabama. Claimants in Tennessee wait longer because the Disability Determination Service in Tennessee is extremely slow in turning out their work.

MYTH 5: An attorney is a waste of money; I can just do it myself. It is true that you can represent yourself if you choose to do so. Just realize that the person you've chosen to represent you has never handled a disability case before! It's all new to him (her). Also, when your case comes before a judge, the judge will strongly recommend that you get an attorney before your hearing takes place. One judge puts it this way, "Get a lawyer and come back with someone who speaks my language." Studies show that cases represented by a lawyer are twice as likely to be approved. The numbers were: Unrepresented 31% Approved. Represented 60% Approved. If you do the math, being unrepresented just doesn't pan out. And your lawyer can't charge you a fee unless you win and are paid back pay.

Besides writing blogs like this, I spend most of my day helping disabled individuals get Social Security checks. We are often able to get....

• a monthly check for the claimant

• back-pay in a lump sum settlement

• Medicare health insurance

• Checks for dependent children

A call to my office is free, the consultation is free, and our contract does not permit us to charge any fee unless your claim is approved and you receive past due benefits or "back-pay." My office is in Huntsville. We handle Social Security claims, appeals and hearings in Alabama and Tennessee (and sometimes in Kentucky, Mississippi, Georgia and other states).

Reach us at (256) 799-0297. And, yes, I will actually pick up the phone and speak to you.