SOCIAL SECURITY DISABILITY MYTHS

Here are some widely distributed myths about Social Security disability. Don't fall victim to one of these untrue or exaggerated statements.

You can't file for disability until you've been disabled for one year.

False. This statement refers to the "Duration Requirement." You must have a medical condition that has lasted, or is expected to last for 12 straight months OR to end in death. However, if you have such a long-term condition, you can file right now. Don 't wait a year.

2. If you're really disabled, you won't need a lawyer to get benefits.

Wishful thinking. Thousands of claimants get wrongfully denied every day. Getting approved means dotting every i and crossing every t and obtaining the right evidence at the right time. Occasionally a claimant may get approved without a lawyer, but it's far more likely to be falsely denied and need a lawyer to take care of the complicated appeals process.

3. My friend/neighbor got disability benefits right away and there is nothing much wrong with him.

The biggest waste of time in the universe is trying to figure out why someone got disability benefits and someone else didn't. Total waste of time. And it does your chance of getting approved no good at all. Instead, focus on what YOU need to do to get approved.

4. If your doctor says you are disabled (or can't work), Social Security will approve you for sure.

Unfortunately, this is false. Under federal regulations, there is only one person who can determine whether you are disabled or whether you're unable to work: that is the Commissioner of Social Security. While doctors aren't allowed to make that decision, they can provide valuable evidence to help Social Security make that decision. Your lawyer will know how to get the proper questions answered by your doctor.

5. It costs too much to hire a disability lawyer/advocate.

Thankfully, it does not. Fees are highly regulated by the Social Security Administration. Under their rules, you cannot be charged any fee except the one Social Security approves. That fee will be based on 2 conditions:

A) You get approved and are entitled to receive a benefit.

B) The fee must be the smaller of 25 percent of your past due benefits OR $6,000. If you do not receive past due benefits, your attorney cannot charge you a fee.

If you need assistance with filing a new disability claim or appealing a claim that was recently denied, please contact the Forsythe Firm at (256) 799-0297. If you living in Alabama or Tennessee, our local advocates can help you get approved. But don't wait too long. Many claimants miss their Social Security benefits forever because they wait too long to file the appropriate actions. Call us for a free consultation. (256) 799-0297.