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Myths about Social Security Disability

May 4, 2015 Blog

Disability attorneys hear common myths from clients about Social Security benefits or how to prove eligibility. If you believe you suffer from a medical condition that disables you from work, it’s important to understand the facts about filing a claim.

Myth #1 – You Have to Be Off Work for a Year Before Applying for Benefits

As a Sarasota disability attorney can explain, this myth stems from a misinterpretation of the definition of “disability.” The SSA has its own very specific definition of the word. In order to qualify for disability benefits, your medical condition must have lasted for at least a year or be of a terminal nature. This does not have an affect on when a person can apply for benefits.

Myth #2 – You Will Automatically Lose When You First Apply

While it is true that nearly two-thirds of all initial claims are denied, this is usually due to errors in the application. A qualified Sarasota disability attorney can help you prepare your application to greatly reduce the risk that something gets missed. You must be prepared to prove the nature and extent of your disability with thorough medical and employment documentation.

Myth #3 – You Always Have to Appeal to Win Benefits

Another common myth centers around the idea that if you are rejected at the initial claim stage, you will automatically win on appeal. Again, this is entirely untrue. If the application defect that resulted in a denial is not fixed, you’ll lose on an appeal as well. Some cases are stronger than others.

Myth #4 – Certain Conditions Will Automatically Make You Eligible for Benefits

The SSA maintains a List of Impairments. If your condition falls within that List of Impairments, you have a recognized disabling condition. However, you still have to prove that your condition actually prevents you from working. Every person is different. No two people are affected by the same medical condition in exactly the same way. The key is whether your condition (be it mental or physical) actually prevents you from performing substantially gainful activity.

Learn the Facts from a Lawyer Today

For more information about applying for Social Security benefits, trust your case to a a skilled Sarasota disability lawyer with a proven track record of getting real results for clients. To make an appointment for your first consultation, call the law offices of Mike Murburg, P.A. at (877) 774-2889.