What Should you do to Apply for Social Security Disability?
I came across a post on a blog that attempted to offer advice to individuals who are mulling over whether or not to apply for social security disability. Here's essentially what the poster offered in terms of advice, and here are my responses because, frankly, the poster is wrong on several counts:
1. You can file a claim for social security disability and use a lawyer but, in doing so, you will be required to "give up a percentage of your disability earnings for a period of time".
No, it actually works like this: if you are represented by a disability lawyer and your case is won, the attorney will be eligible to receive 1/4 of your back payment up to a maximum of $5300.00--this is not the same as the attorney receiving a percentage of your monthly benefits for a period of time (which the poster did not specify).
2. You can file for disability yourself, save yourself a lot of money, and, if you do things "right", obtaining disability should be fairly easy.
Wow. This "piece of advice" is loaded. For one thing, representing yourself at a hearing is never a good idea. Think about it. Even when attorneys go to court on a personal matter, they don't represent themselves. It's foolish to do so. And, when you're going to a disability hearing, the last consideration you should have, frankly, is whether or not you can save money by avoiding a fee for representation. Your primary consideration should be that your case is properly prepared for the best chance of winning. As to the "easy" part, I've run across a number of individuals who had that same mindset. I came in contact with them after they'd represented themselves at a hearing, had then been denied, and were now looking for help. Unfortunately, they had already blown their chance of being awarded at a hearing and were forced to start the process over again (note: it can take up to three years to get another hearing date if you have to start over again, so don't blow your first chance).
3. You have to have a "well-known" medical condition to be approved for disability.
Wrong again. Social security disability and SSI are not set up that way. The focus is not on diagnosis but, rather on limitation of function. That's right. The social security administration doesn't care what your condition is called. It does care, however, about the extent to which your condition limits your ability to perform your past work and limits your ability to do other work.
4. You have to show a continued pattern, over time, of not being able to work.
Not quite. Patterns are irrelevant. The way social security defines disability is this: your condition must be severe enough to prevent you from working and earning a substantial and gainful income and this condition of disability must last 12 full months, or be projected to last at least that long based on a review of the medical evidence in the social security file.
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Social security disability definition
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1. You can file a claim for social security disability and use a lawyer but, in doing so, you will be required to "give up a percentage of your disability earnings for a period of time".
No, it actually works like this: if you are represented by a disability lawyer and your case is won, the attorney will be eligible to receive 1/4 of your back payment up to a maximum of $5300.00--this is not the same as the attorney receiving a percentage of your monthly benefits for a period of time (which the poster did not specify).
2. You can file for disability yourself, save yourself a lot of money, and, if you do things "right", obtaining disability should be fairly easy.
Wow. This "piece of advice" is loaded. For one thing, representing yourself at a hearing is never a good idea. Think about it. Even when attorneys go to court on a personal matter, they don't represent themselves. It's foolish to do so. And, when you're going to a disability hearing, the last consideration you should have, frankly, is whether or not you can save money by avoiding a fee for representation. Your primary consideration should be that your case is properly prepared for the best chance of winning. As to the "easy" part, I've run across a number of individuals who had that same mindset. I came in contact with them after they'd represented themselves at a hearing, had then been denied, and were now looking for help. Unfortunately, they had already blown their chance of being awarded at a hearing and were forced to start the process over again (note: it can take up to three years to get another hearing date if you have to start over again, so don't blow your first chance).
3. You have to have a "well-known" medical condition to be approved for disability.
Wrong again. Social security disability and SSI are not set up that way. The focus is not on diagnosis but, rather on limitation of function. That's right. The social security administration doesn't care what your condition is called. It does care, however, about the extent to which your condition limits your ability to perform your past work and limits your ability to do other work.
4. You have to show a continued pattern, over time, of not being able to work.
Not quite. Patterns are irrelevant. The way social security defines disability is this: your condition must be severe enough to prevent you from working and earning a substantial and gainful income and this condition of disability must last 12 full months, or be projected to last at least that long based on a review of the medical evidence in the social security file.
Return to:
Additional Posts
Social security definition of disability for SSD and SSI claims
Social security disability definition
How does social security define disability?
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