If you are disabled and considering whether it is worthwhile to apply for Social Security Disability Insurance (SSDI) benefits, do not believe everything you read online, or hear from friends and family. There are a plethora of myths and misconceptions about SSDI benefits, including the application process, who is eligible for benefits, and what options are available if your benefits application is denied. This page is intended to be a resource of accurate information for you and your loved ones.
Common Myths & Misconceptions About Social Security Disability Benefits
- If Your Doctor Diagnoses You with a Disability, You Will Be Automatically Approved for SSDI Benefits: If only this were true. In reality, a disability examiner will evaluate your SSDI application to determine whether you meet specific requirements to be approved for benefits. Having an official diagnosis from your doctor is helpful, but they will not make the final determination on whether you qualify, or are approved, for SSDI benefits.
- Supplemental Security Income (SSI) is the same as Social Security Disability Insurance (SSDI): This is a fairly common misconception since many people get the programs mixed up and refer to SSI as disability. It is accurate that someone needs to be disabled to qualify for SSI, but there are important differences and distinctions between the programs. Most notably, SSI is a financial need-based program for individuals who do not have a qualifying work history in the past 10 years and are unable to work. In contrast, SSDI is a disability program for workers who paid into the program via payroll tax deductions. Workers are generally eligible if they have worked for at least 5 out of the past 10 years and are unable to work due to a disabling condition.
- All SSDI Applicants are Denied the First Time They Apply: This is not accurate. Yes, it is true that around 70 percent of SSDI applicants are initially denied, these denials are often due to correctable mistakes made during the application process, or insufficient medical documentation. The chances of your SSDI application being approved increase significantly when you carefully and correctly complete the application and include extensive medical evidence to support your disability claim.
- Filing a New SSDI Application Is Better Than Appealing a Denied Application: This is wholly untrue. SSDI denials are not arbitrary. Refiling an SSDI benefits application does not afford any benefits and does not improve your strategic position in the application process. In fact, an application denial typically highlights the fact that there is a problem, or problems, with your SSDI application or insufficient evidence of a qualifying disability.
- Only People With Permanent Disabilities Can Qualify for SSDI Benefits: The SSDI program is not limited to individuals with a permanent disability. In fact, if you were diagnosed with a disabling terminal illness or a disability that has lasted, or is expected to last, for 12 months or longer, then you may be eligible for SSDI benefits. Social Security does not consider “permanency” in evaluating claims.
- You are Not Allowed to Work While Collecting SSDI Benefits: Recipients of SSDI benefits are allowed to work and earn a small income. In fact, the Social Security Administration (SSA) encourages SSDI recipients to reenter the workforce if they are able and even provides a nine-month trial period in which someone can work while still receiving SSDI benefits. However, if you continue to work and participate in a substantially gainful activity (SGA) after the nine-month trial period, the SSA will no longer consider you disabled. However, individuals can also work below SGA levels and continue to be considered disabled.
- SSDI Applicants Have to Wait Years for Formal Approval: The SSDI application process can be time consuming, but that does not automatically translate to waiting “years” for approval. For example, individuals with certain serious or terminal conditions may be eligible for expedited approval through the SSA’s Compassionate Allowances program. Even if you do not qualify for a Compassionate Allowance, carefully completing your SSDI application with the assistance of an experienced disability benefits attorney can help in securing a decision from SSA sooner rather than later. That said, this one is true for many, and even when you and your attorney do everything right, Social Security often gets it wrong forcing many to wait through the lengthy appeals process to get in front of a judge who will finally take the time to speak with you and consider the entirety of your claim.
How Social Security Disability Benefits Work
The SSA administers retirement and disability benefit programs. As mentioned earlier, SSDI is an “insurance” program that pays a disability benefit to individuals, as well as to their certain disabled dependents, who have paid into the Social Security trust fund through taxes levied under the Federal Insurance Contributions Act (FICA). SSI, on the other hand, is a needs-based program that provides a basic income for disabled individuals who meet specific low-income guidelines.
There are an array of medical conditions which may make you eligible for disability benefits, including:
- Cancer
- Cardiovascular Disease
- Congenital Disorders
- Digestive System Disorders
- Endocrine Disorders
- Genitourinary Disorders
- Hematological Disorders
- Immune System Disorders
- Mental Disorders
- Musculoskeletal Disorders
- Neurological Disorders
- Respiratory Disorders
- Skin Disorders
- Speech Disorders
What To Do If Your Initial SSDI Application was Denied
If your SSDI benefits application was denied by the SSA, you typically have 60 days from the date of the denial letter to request an appeal. There are four levels of appeal, including:
- Request for reconsideration
- Hearing by an ALJ (i.e., Administrative Law Judge)
- Review of your SSDI application by the appeals council
- Filing a complaint in Federal court
If you receive a benefits denial letter from the SSA, contact an experienced SSDI benefits attorney to discuss your legal options. A skilled disability benefits lawyer can help prepare your appeal and assist in gathering vital evidence. A skilled disability benefits lawyer can help prepare your appeal and assist in gathering vital evidence.
Have Questions About Social Security Disability Benefits? Reach Out to an Experienced and Knowledgeable SSDI Benefits Lawyer
If you have questions, or need guidance, on applying for SSDI benefits, contact an experienced and knowledgeable SSDI lawyer to discuss your options. An SSDI attorney can assist you in compiling the necessary paperwork for your initial SSDI application. A disability benefits attorney can also help you with an administrative appeal, if needed. Reach out to Bross & Frankel to talk to a New Jersey SSDI attorney about your potential SSDI claim. Schedule a no-cost claim review with one of our knowledgeable disability attorneys by giving us a call at 856-795-8880 or by filling out our online contact form.