When it comes to disability law, there’s a lot of misinformation floating around. From myths about the process to misconceptions about eligibility, many people find themselves confused or even discouraged before they begin the application for disability benefits. 

The truth is, the disability benefits process can be challenging, but with the right knowledge, you can navigate it successfully.

If you or someone you know is considering applying for disability benefits, it’s essential to separate fact from fiction. However, disability lawyers in Miami can help you with the process. Let’s dive into the five most common disability law myths and debunk them once and for all.

1. Myth: You Can’t Qualify for Disability If You’re Still Working

Fact: You can qualify for disability benefits even if you’re working, but the amount of income you earn is a critical factor. 

The Social Security Administration (SSA) has guidelines for substantial gainful activity (SGA), which refers to the amount of money you can make while still being eligible for benefits.

Additionally, many individuals start applying for disability benefits while still working, especially if their condition is progressively worsening and they expect to be unable to work full-time in the future.

A disability lawyer can help determine if you qualify based on your income and medical condition.

2. Myth: You Have to Be Permanently Disabled to Qualify for Benefits

Fact: While it’s true that the Social Security Disability Insurance (SSDI) program is designed for individuals with long-term disabilities, temporary disabilities may also qualify, as long as the condition is expected to last for at least 12 months or result in death.

The SSA doesn’t require you to be permanently disabled; what’s crucial is that your disability prevents you from performing substantial gainful activity for a long period (12 months or more). 

For example, someone with a serious injury or illness that will take months to recover from could qualify for benefits, even if their disability is not permanent.

There are also compassionate allowance programs that fast-track claims for individuals with certain conditions that are considered “severe” and expected to significantly limit the ability to work. 

So, don’t be discouraged—temporary conditions can still make you eligible for benefits if the criteria are met.

3. Myth: You Can’t Qualify for Disability Benefits If You’ve Worked for a Short Time

Fact: Work history plays an important role in determining eligibility for Social Security Disability Insurance (SSDI), but you don’t need to have worked for decades to qualify. 

The SSA requires a certain number of work credits, which you earn by working and paying Social Security taxes.

Typically, you need 40 work credits (about 10 years of work) to qualify for SSDI benefits. However, younger individuals can qualify with fewer work credits. 

For instance, if you’re under 31, you can still qualify with as few as 6 credits, depending on your age. 

These credits accumulate as you work, so if you’ve worked for a few years but not many, you may still meet the necessary requirements for SSDI.

If you don’t have enough work credits, you may still qualify for Supplemental Security Income (SSI), which is a needs-based program. SSI doesn’t require a work history, but it does take into account your financial situation.

4. Myth: The Social Security Administration Will Automatically Approve Your Claim If You Have a Severe Medical Condition

Fact: While having a severe medical condition certainly increases your chances of approval, it does not guarantee that your claim will be approved. The SSA uses a strict set of criteria to evaluate whether you meet the definition of disability.

Even if your condition is severe, the SSA needs to determine that your disability prevents you from working and earning a living. This means they need to evaluate the medical evidence, including doctors’ reports, test results, and other medical documentation. 

They’ll also assess whether your disability keeps you from doing the type of work you’ve done in the past or any other type of work that exists in significant numbers in the economy.

Furthermore, many initial claims are denied, even when applicants have severe conditions. If your claim is denied, you can appeal the decision, and hiring a disability lawyer can greatly improve your chances of success in the appeals process.

5. Myth: Disability Benefits Will Make You Rich or Set for Life

Fact: Disability benefits, while helpful, are generally not a replacement for your full income. SSDI benefits are designed to provide a safety net for individuals who can no longer work due to disability, but they often only cover a portion of what you earned while working.

The exact amount of monthly benefits you can receive depends on your work history, the amount you’ve contributed to Social Security, and the type of disability you have.

Similarly, SSI benefits are meant to assist those with limited income and resources, but they often provide only enough to cover essential needs. SSI’s monthly benefit rate is lower than SSDI, and the total amount depends on other factors like other income or living arrangements.

While disability benefits can help provide essential financial support, they are not meant to make you financially wealthy. They’re designed to help you maintain a basic standard of living when you can no longer work due to a medical condition.

Conclusion

The Social Security Disability application process in Miami can be difficult to navigate, and the myths surrounding disability law only add to the confusion. It’s essential to separate fact from fiction to avoid unnecessary frustration or setbacks in your claim.

If you or someone you know is struggling with a disability and considering applying for benefits, don’t let these myths deter you.