Cari and I have handled over 2,000 Social
Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”)
claims. Throughout our years of
practice, we have heard all kinds of misinformation and misconceptions about
these benefit programs. Given how frequently we hear incorrect information
about SSDI and SSI, we decided to do a blog debunking some of the frequent
inaccurate statements we hear.
1.
“You
have to be off of work for one year before you can file for benefits.”
This statement is very inaccurate. You do
not have to be off of work for 365 days before you can apply for benefits. You
just have to be able to prove via medical and/or mental health evidence that
your impairment (s) will prevent you from working for 365 or more, or that your
impairment will result in death.
If you have received a diagnosis and your
doctor tells you that you will be out of work due to your impairment and
medical treatment for a full year, you should put in your application for
benefits immediately. Do no wait for your California State Disability to run
out. You can file for both SSDI and State Disability simultaneously.
2.
“I
have been denied benefits, so it makes no sense to appeal my claim.”
The majority of people are denied at both
the initial application level and again during the reconsideration stage
regardless of the severity of the impairment. Applying for SSDI and SSI
benefits is a game of frustration. Before giving up on your claim, you should
consult an attorney if your doctor has indicated that you have a severe
impairment that will prevent you from working for a year or more.
3.
“I
am not looking for permanent benefits. I just want partial benefits.”
The SSDI and SSI programs do not have a
partial disability system. You are either found disabled or not disabled. Other
areas of disability law like Worker’s Compensation and Veteran’s Service-Connection
benefits, do break down disabilities into percentile scales. The Social
Security Administration (“SSA”) does not quantify disabilities in this way,
however. SSA will either find that you are disabled from all work or that you
are capable of performing work in the national economy.
4.
“I
can never return back to work if I collect SSDI/SSI benefits.”
You
can return to work if your condition improves. SSA simply requires that
your impairment prevent you from working for a year. If you reach medical
improvement after this 365 day period and can return to some type of work, you
need to contact SSA and let them know that you are starting to work again.
Depending on the level of income that you will be earning at your job, you may
still qualify for benefits for a period of time. The crucial thing is that you have to report
to SSA that you are returning to work and provide them with a breakdown of your
monthly gross income that you will be earning, so they can determine if you are
still entitled to benefits.
5.
“People
are getting rich off of SSDI/SSI benefits.”
No one gets rich off of the SSDI or the SSI
program. The average national SSDI payment for November 2013 is $1,129.65. The
maximum Federal SSI payment that an individual can receive for 2013 is $710.00.
No one receives a windfall from the SSA. People stand to earn a lot more money
from working than from collecting SSDI or SSI benefits.
6.
“A
lot of illegal immigrants are receiving SSDI/SSI benefits.”
We hear this all the time and it is just
not true. You cannot collect either SSDI or SSI benefits, unless you have legal
Permanent Residence status in the United States. For any immigrant who came to
the United States after 1996, you also had to have 40 credits of work performed
in the United States to even qualify for SSI. Thus, immigrants who receive SSDI
or SSI do so because they have contributed to the United States economy.
Got a question that you need answered?
Please check out our website at www.westcoastdisability.com . We try to
provide you with valuable information on our website that may help you navigate
the Social Security Disability process. Also, feel free to shoot us an email at
info@westcoastdisability.com or call us at (800) 459-3017.
