Like many government-run programs, Social Security, SSI, disability claims, and other such legal matters can seem overwhelming to the common citizen. Without a skilled Social Security disability lawyer, the disability process will be very difficult and the claim will have a lower chance of success.
Some common myths
Before filing a Social Security disability claim, it is important to avoid some common myths and misperceptions:
- Social Security denies everyone the first time they apply for disability. While the Social Security Administration has no policy to this effect, it is easy to see why most believe it. Nationwide, approximately 70 percent of all disability claims are denied on the first application. However, this is often due to mistakes made during the filing process by those not using a disability insurance benefits attorney. If you find yourself in such a situation in South Carolina, contact a Beaufort disability insurance benefits attorney today.
- Social Security denies you a certain number of times before approving you. This is not the case. Also, if the disability claimant starts with a new application, he or she will most likely be denied again. However, if the claimant properly appeals the initial decision, the claim may eventually get approved, assuming the claimant is disabled and his or her medical records prove it.
- The statement of a physician can get you automatically approved for benefits. In most cases, the outcome is determined by a review of the claimant’s entire medical record. In fact, a statement from your physician that you are disabled holds little weight unless it is supported by other medical evidence. In most cases, personal physicians either do not submit such statements or submit statements lacking in sufficient detail.
- Certain conditions mean automatic approval. Certain impairments are indeed specified in the Social Security Administration Listed Impairments regulations, and claimants with medical problems at the level specified in the Listed Impairments may be approved for benefits somewhat easily. However, disability will not be awarded simply because you have a certain medical condition – the evidence must also prove that the medical condition meets highly technical severity standards specified in the regulations.
- The way to appeal a Social Security claim denial is to file a brand new application. This is not true. Application denials should be followed up with an appeal, not a new application except under very limited circumstances.
- You cannot be awarded Social Security disability benefits if you have ever used drugs or alcohol. It is not possible to receive Social Security disability benefits based solely on addiction. However, if you have other disabling medical conditions, you may be eligible for disability as long as the substance abuse is not a “materially contributing factor”. In other words, if complete abstinence from alcohol or drugs would not restore your ability to work, your disability claim can still be approved.