SOCIAL SECURITY DISABILITY MYTHS

There are many urban legends or myths about Social Security disability.

Many of these myths are told with such convicting fervor that you would swear that they are true.

Often, they come in the form of personal testimonials about a friend, a neighbor, a co-worker or even a relative.  

Here are a few of the myths about Social Security disability, most of which cannot possibly be true:

Number One (My Favorite):  "He never worked a day in his life and he gets a big Social Security disability check."

THE TRUTH:  You aren't even covered for Social Security disability unless you have worked at least 5 years out of the most recent 10 years and accumulated the minimum Quarters of Coverage.  A person who never worked cannot possibly get SSDI benefits, no matter how sick he/she may be.  Note:  Supplemental Security Income (SSI) is a different matter because it is based on financial need, like welfare, not work.  But it is not Social Security Disability.

Number Two:  "My neighbor (or my uncle, cousin or someone) isn't disabled at all....but he gets a big disability check from Social Security."  

THE TRUTH:  It's very difficult to tell whether someone is disabled just by looking at them.  I'm afraid we may misjudge this in many cases.  It's hard enough to get SSDI benefits even if you are disabled.  Now, I admit the system isn't perfect, and mistakes do get made, but it's very rare for a totally able bodied (and able minded) person to get SSDI benefits.

Number Three:  "Everyone in the United States is Covered by Social Security disability."

THE TRUTH:  Only workers are covered.  SSDI stands for "Social Security Disability Insurance."  Like all other insurance, it must be purchased and paid for.  Workers pay for it by having FICA tax withheld from their payroll checks.  A worker must pay into SSDI for the minimum number of quarters before he/she is covered for disability insurance.  An uninsured person who has not paid enough into Social Security has no benefit.

The Social Security Tax, called FICA, stands for Federal Insurance Contribution Act.  This tax is required to be withheld from every worker's paycheck.  The withholding is matched by the employer and the tax goes into the Social Security Trust Fund under the worker's name and Social Security Number.  This is what pays for the disability benefit.  When a person stops working, the FICA tax is no longer collected and within a few years the Social Security disability insurance ceases to exist.  So, not everyone is covered for disability by Social Security.

Number Four:  "I am not totally disabled but I can get a partial disability benefit."

THE TRUTH:  Social Security does not pay for partial disability; there is no such thing.  A claimant is either disabled or not disabled.  There is no in-between.  Some agencies, like the Veterans Administration, do offer a partial benefit.  But Social Security does not.

Number 5:  "All I have to do is tell the judge a convincing story and my benefit will be approved."

THE TRUTH:  Judges do not pay benefits based on convincing stories.  They pay benefits based on objective medical evidence that supports the claimant's testimony.  And very specific federal regulations must be met.  There are basically only 3 ways to be approved for disability benefits: 

(1) Meet or equal a published Listing.
(2) Meet a medical-vocational guideline (if you are 50 years of age or older)
(3) Prove that you are not able to perform any type of full-time work based on your age, education, past work experience and residual functional capacity.

Unless the claimant can meet one of these 3 conditions, Social Security disability benefits will not be paid.  The process is long and tedious and any haphazard approach will likely result in denial.  Winning cases are designed by someone who knows Social Security regulations and law and knows how to put the case together.

Need help with the confusing Social Security process?  Call an experienced attorney/advocate such as The Forsythe Firm in Huntsville.  (256) 7990-0297.  There's never a fee unless you win and recover back payments.