When you apply for social security disability, as with any new undertaking, you will have many questions. And many people come into the process with a lot of assumptions which are actually myths. In this article we hope to clarify and rectify some of those myths.
Social Security Retirement and Social Security Disability Insurance (SSDI) Benefits are Free Handouts
This is false. The Social Security system is something you have paid into since your very first paycheck. That’s where the term “entitlement” applies. You are entitled to its benefits because you worked and paid money into it, probably over many years.
The retirement benefits were created to keep people from becoming destitute once they were too old to work. This was something which was occurring all the time prior to the system’s creation.
Of course the system isn’t perfect and there are people who try to take advantage of it but it should be noted that its not easy to be declared disabled by the Social Security Administration.
With the right attorney, your chances increase greatly. In fact, your chances almost double. With an attorney approval rates are 60% compared to 33% for those who went through the process on their own.
You Cannot Appeal a Denial
This is also false. You can appeal once you have been denied. In fact, most people are denied on their first attempt. There are two levels of appeal. The first is the Reconsideration. This is simply when they review what they already have in front of them. The second level is a hearing with an Administrative Law Judge (ALJ).
It is an important fact that the SSA only gives you 60 days from the time of the denial to file your appeal. Having an attorney help you through the appeal process also improves your chances. And attorneys in this field don’t get paid unless you receive money. That is a very important factor and leads up to our last myth.
Hiring an Attorney Will Cost You a Lot of Money
An attorney specializing in this field does not get rich from one case like an attorney from a malpractice case might. There are very strict constraints as to how much an attorney can make. For instance, an attorney representing you in your disability case can only receive a max of 25% up to $6,000. That is pretty cut and dry. And they only get paid if you do.
There are many regulations in the law for what an attorney can be compensated based on the type of case or law they practice.
Is it time you consulted an attorney today about your case or appeal?