SOCIAL SECURITY MYTHS AND URBAN LEGANDS

MYTH # 1 -  You can get Social Security disability benefits, even if you never worked a day in your entire life.

Pretty much a myth, since Social Security's Title 2 benefits are based on the claimant's work history and payroll deductions. Most people need 22 quarters of work coverage during the past 10 year period to be eligible to apply for disability benefits.  A person may get SSI (Title 16) benefits without ever working, but that's a different program.  Also, a widow, widower, child or other dependent may receive disability benefits from another worker's earnings record, such as a spouse, parent, etc.

MYTH # 2 - I am disabled and could get Social Security disabiilty, except I have money in my savings account which disqualifies me.

Savings or other resources will not prevent a person from receiving SSDI, also called Title 2 benefits. SSDI is not means tested. SSI (Title 16) is another matter.  

MYTH # 3 - My neighbor gets disability benefits and there is absolutely nothing wrong with him.  He just lied on his application.

We're not saying that this has never happened.  However, Social Security doesn't take anyone's word for being disabled.  They required objective medical evidence furnished by a qualified doctor.  Usually, they will require such evidence as X-rays, CT scans, MRI reports, laboratory findings, etc.  They may also send the applicant for an examination by a Social Security doctor, called a consultative exam.  If the medical evidence is less than convincing, the usual course is to deny benefits.  Rather than approving persons who are in no way eligible for benefits, my experience is just the opposite.  They examine, screen, question, cross examine and then deny applicants who are disabled and make them appeal one to three times before finally paying them, if they ever do.  

MYTH # 4 - The Social Security Administration spends millions of dollars each year to pay the fees of attorneys who represent disabled claimants.

Actually, Social Security does not pay attorney's fees.  The claimant hires his own attorney and pays the fee.  Social Security does have a program in which they will withhold the attorney's fee from  the claimant's back pay benefit and pay the attorney.  However, this comes out of the claimant's money.  Social Security even charges the attorney a service fee of 6.3 percent for the withholding service. Social Security bears no expense for services provided by the claimant's attorney or representative.