I saw some misinformation on Social Security Disability and SSI today while poking around the internet. While there can be some truth the the myths below, the statements may only apply to some situations or others. A Social Security Disability and SSI attorney can help you distinguish between truth and myth.
Myth 1: Unless you are in a coma, your application for Social Security Disability and SSI will be denied.
This is false, because even people in a coma can be denied disability. While it is true that the vast majority of individuals who apply for Social Security Disability and SSI are denied on the application level.
Myth 2: Your benefits accumulate from the day you file your application.
While this can be true for SSI application, it is not necessarily true for Disability applications. For instance, an individual who became disabled on January 1, 2008, but applies for Disability and SSI benefits on two years later on January 1, 2010, could be eligible for benefits prior to the application date. This is one major reason that it is important to have an attorney who has extensive knowledge with Social Security Disability and SSI.
Myth 3: Your attorney is paid by the government, whether you win or lose your case.
I handle cases on a contingency basis; this means I do not get an attorney fee paid unless I win your case. I can assure you that the government has never paid me for a case that was lost.
Myth 4: You will be re-evaluated every three years.
Not every case is re-evaluated every three years. The time between reviews can be set for periods as short as one year. For instance, I recently obtained benefits for a person seriously injured in an automobile accident. The review period was set at one year, because Social Security has some basis to believe that his condition might improve enough in one year that he may no longer be disabled.
Myth 5: Your disability case is re-evaluated as a formality.
Once you have been awarded Social Security Disability or SSI benefits, you should treat your re-evaluation seriously. If you have made progress with your mental or physical conditions, the Social Security Administration could determine that you are no longer disabled. This could cause your benefits to stop, or at the very least, cause to have to prove your disability all over again.
If you or a loved one is considering applying for Disability or SSI benefits, or if you have recently been denied benefits, I would be happy to review your case for free. I can be reached by email at btg@bthomasgolden.com, or you can call any of my three offices to set up a free initial consultation.