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Most Common Misconceptions About Social Security Disability (Part 2)

In a previous article we discussed what the most common misconceptions about Social Security Disability were in part 1 of this 2 part series. In this post, we want to close out this topic by giving you the rest of the most common misconceptions regarding Social Security Disability.

You Must be Disabled for At Least 1 Year to Apply

This is one that we have heard from time to time and is simply not true. The reason this misconception is so prevalent comes directly from the SSA’s own website. It states “physical or mental impairment(s) that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months.”. However, the rules actually are that if you are currently disabled and the Doctor expects your disability to last for more than one year then you can apply. You can see how easy it is to be confused on this matter.

So, if you recently became disabled and the prognosis is that it will last longer than one year you can get the ball rolling now by contacting your disability attorney near you.

If You are or Were Addicted to Alcohol and/or Drugs You Cannot Get Approved

Not only is this false, but your addiction may actually contribute to the reason you are disabled and as long as you have sought treatment, are currently in treatment or have been sober for at least one year, you can apply for disability.  Furthermore, you may have contracted diseases from your addiction, such as hepatitis, which has made you physically unable to generate income and sustain yourself.

The court will want to see that you have taken steps to get out of your addiction and that you are now provably incapacitated and unable to earn an income.

You Cannot be Currently Employed if You are Applying for Disability

Again, this is just a myth. If you are incapable of working more than 20 hours per week, you can still apply for benefits. If your condition is expected to worsen over time then you can get ahead of the game and start applying now.

SSI Income Rules:

• If you are not married, you can earn no more than $741 per month in earned/unearned income.
• If you are married, you are allowed to earn no more than $2249 per month in earned income.
• If you are married, you can earn no more than $1102 per month in unearned income.

SSDI Income Rules:

• Married or not, you may not receive more than $1090 in earned income per month.

I need an Attorney to Apply for Disability

This is a false belief. But it should be noted that up to 3/4 of all applications are denied and that an attorney can improve your chances of getting approved. The stats show that an attorney can greatly improve your case in both the initial claim as well as the appeal should you be denied.

Your odds of being approved increase by more than 20% in both initial and appeal phases of the application process. The attorney doesn’t get paid unless you win and the amount they can get paid is capped at a little over $9,000 under federal law.