Myths About Social Security Disability Benefits

What You Need to Know Before You File for Social Security Disability

Cassie Schmelz
Becoming disabled is a huge turning point in someone's life and so is filing for Social Security Disability benefits. It's very important that you get your facts straight before you file for Social Security Disability to ensure that the process goes as smoothly as possible. I worked for Social Security for almost four years as a disability specialist and noticed that public was grossly misinformed about disability benefits. Here are some common myths about Social Security Disability, and the truth about them, that I came across.

Everyone gets denied the first time they file for Social Security Disability.

The truth is, a lot of people do get denied the first time they file for disability and then get approved later, but not everyone. If you are disabled under Social Security's definition (here), you will get approved. Usually, those people who get denied for disability at the initial level later get approved for a number of reasons. For example, their condition worsened by their next filing, they moved into a different age bracket by their next filing making them eligible, or they got approved at the appeals level (which has more lenient rules).

You start receiving benefits as soon as you are approved for Social Security Disability.

You actually have to serve a full five month waiting period from your onset date, which is the date SSA finds you disabled. Also, benefits are paid a month behind (i.e. your January check is received in February). Say you go in and file for disability benefits the day after your car accident on January 1st and the disability examiners make a quick decision and approve you by February 1st. You still wouldn't get your first check until July. Your five month waiting period would be January through May, making your first month of entitlement for a Social Security payment June and you don't receive your June check until July.

You have to have an attorney to get approved for Social Security Disability.

People do get approved with attorneys, but it's certainly not necessary. They actually make it take longer to process payments to you if approved because Social Security has to pay the attorney first. They may help you with your paperwork, but really make no difference when it comes to whether your disabled under SSA's rules.

You can't be working for 12 months in order to receive Social Security Disability.

Social Security's definition of disability is that you have a condition that has or will prevent you from working at a substantial level for 12 months or more, or will result in death. The 12 months doesn't have to have already occurred. Although SSA can look at the past, they can also look at your disabling condition and determine whether it will keep you from working substantially in the future.

You can't work at all to receive Social Security Disability.

Social Security looks at what they call "substantial gainful activity" when determining whether or not you are disabled. They assign a dollar amount to what they consider to be substantial and it changes every year. It's $980 per month in 2009 for non-blind individuals. As long as you are working at a level that is under substantial gainful activity, you can still file and be approved for disability benefits.

Hopefully, clearing up these common myths will help you better understand the process of filing for and receiving Social Security Disability benefits. It's a long and complicated process, but they fortunately have a great website. To clear up other questions, you can find out almost anything at www.ssa.gov.

Source

www.ssa.gov and personal experience

Published by Cassie Schmelz

After working for the government for 4 years, I started staying at home with my daughter and working for my husband in real estate part-time.  View profile

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