Common Misperceptions About Your Right to Benefits
If you have suffered any type of non-work-related injury, or if you’ve contracted an illness and are unable to work, you may be eligible for monetary benefits by filing a Social Security Disability Insurance (SSDI) claim through the Social Security Administration. The process can be arduous, and many individuals with legitimate claims are initially denied benefits. Unfortunately, many more don’t seek benefits because they misunderstand how to qualify for benefits and/or the long-term impact of receiving SSDI benefits. Let’s dispel some of the common myths about SSDI claims:
Myth #1—You Cannot Apply for SSDI Benefits Until You’ve Been Away From Work for at Least One Year
This may be the most common misperception, causing many to wait unnecessarily to file a claim. The Social Security Administration defines disability, for purposes of an SSDI claim, to be any condition that “has lasted or is expected to last for a continuous period of at least 12 months.” Accordingly, if you have a medical diagnosis that indicates that you won’t be able to return to work for more than a year, you can apply at any time, provided the condition currently prevents you from gainful employment.
Myth #2—You’ll Lose All Your SSDI Benefits If You Earn Any Income
If you are able to return to a full-time position, you won’t need SSDI benefits any more. However, you can have minimal earnings without putting your SSDI payments in jeopardy. In fact, the Social Security Administration encourages this. Under current guidelines, a person can make up to $1,470 per month without the loss of any SSDI benefits.
Myth #3—A Diagnosis From Your Doctor Will Guarantee Benefits
Suppose you are sick or hurt. Your doctor conducts extensive diagnostic tests and determines you have a condition that meets the Social Security Administration’s definition of a disability. That doesn’t mean, though, that you have qualified for benefits. An SSA disability examiner will consider your doctor’s opinion when deciding whether you qualify for benefits, but they may also require other evidence to support your claim.
Myth #4—You Won’t Qualify If You Have Substantial Savings
SSDI benefits are not need-based, so you can be eligible even if you have the financial resources to support yourself. Eligibility for SSDI benefits is based entirely on your work history and your medical condition. To qualify, you must have earned a certain number of social security credits by working at a job where you paid FICA taxes. In addition, you must have a medical condition that meets the SSA definition of a disability.
Myth #5—You Can Only Get SSDI Benefits If You Are Totally Disabled
Contrary to popular belief, you don’t have to be in a wheelchair or bed-bound to qualify for SSDI. In fact, you may be able to engage in many of the ordinary activities of your daily life. If your disability limits your ability to work, you can still receive benefits, even if you’re not totally disabled.
Myth #6—Benefits Are Automatically Denied the First Time You Apply
While a significant percentage of initial claims are rejected (estimates are around 70%), you can successfully obtain benefits the first time you try, provided you supply sufficient evidence to support your claim and don’t make any errors in your application. A proven SSDI attorney can help maximize your chances of success.
Contact the Effective SSDI Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have protected the rights of people across Texas for more than four decades, including individuals seeking SSDI benefits. We have a thorough understanding of the social security system, and we know how to maximize your chances of getting benefits in a timely manner. We offer a free initial consultation to anyone with a potential SSDI claim. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
