1. My doctor told me I have to wait a year before I can apply for Social Security Disability.
BUSTED: You can, and should apply for Social Security Disability as soon as you become sick or injured. In order to be eligible to receive Social Security Disability benefits you must have a disability that is likely to last at least one year, or be fatal within one year. The Social Security Administration processes cases very slowly, waiting a year to apply is time wasted.
2. It is hard to apply for Social Security Disability, when my Uncle Jimmy applied he had to wait in line all day at his local Social Security office.
BUSTED: It is easy to apply for Social Security Disability; you can even apply online here: http://secure.ssa.gov/iClaim/dib You can also apply by telephone by calling 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from7 a.m. to 7 p.m. And yes you can still go to your local Social Security office and stand in line to apply.
3. Social Security Disability is a Liberal Welfare program for lazy people who can but do not want to work.
BUSTED: Social Security is for persons who have a medically documented long term or permanent disability that prevents them from working at a sustainable level ($1130 per month income before taxes). There are two types of Social Security Disability; Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI). SSDI is disability insurance that you have already paid for with premiums automatically deducted from your paychecks (FICA). Benefits from SSDI are based on the amount you were earning at the time you became disabled, and you must have enough work credits to qualify. SSDI benefits also include Medicare Part A. SSI is a limited benefit that does not require work credits, it includes Medicaid. Both SSDI and SSI require the same documented medical limitations to qualify.
4. I was in a car accident and now I can no longer work, OR I was injured on the job and can no longer work. It is better to resolve my accident or workers compensation case before I apply for Social Security Disability.
BUSTED: The sooner you apply for Social Security Disability benefits, the sooner you will receive them if you qualify. Often a determination from the Social Security Administration that you are disabled can be beneficial to your workers compensation or personal injury case. Also certain workers compensation awards can offset Social Security Disability benefits. Pursing your Social Security Disability claim at the same time as your workers compensation claim can insure that any potential offset is minimized and properly calculated.
5. Social Security denied my application for disability; I must have a bad case! Besides I do not have the money to hire an experienced law firm to assist me in appealing my case before a Federal Administrative Law Judge.
BUSTED: The Social Security Administration denies a majority of GOOD cases at the application stage. Your applications being denied DOES NOT mean you don’t have a condition that could qualify for disability benefits. Brooks Law Group, P.A. represents Social Security Disability Claimants. We never charge an up front fee or cost; we put our fee agreement in writing and have it approved by the Social Security Administration for every claimant we represent. If we do not get your Social Security Disability claim approved, you owe us nothing…no fee and no costs.