Myths about Social Security Disability: What happens between the HEARING and getting your written decision
The hearing process of Social Security Disability can be very nerve racking but it shouldn’t be. Once you have the hearing, the only thing you need to do is wait. However, there are some myths that some people believe that you really need to keep in its proper perspective:
1) MYTH – It’s going to take a year or longer before I get a written decision.
People fail to realize that Hearing Offices understand that you’ve waited a long time to get your hearing date. As such, they are going to take every effort to process your case as soon as possible. They can’t give you a definite time but please don’t think that your case is going to linger in ‘never, never’ land for years.
2) MYTH – The judge said I’m going to get my decision in ______ days.
As stated in a prior post, you have to remember that several people are involved in your decision. The judge makes the decision. The writer writes the decision. The editor edits the decision. The judges reviews the final decision. The staff assemble the decision and mails it out. With so many steps and so many files, some times it’s difficult to appreciate how long it takes to make a decision.
3) MYTH – The judge TOLD me that I was approved so I KNOW I’m getting a favorable decision.
I’ve said it ONCE, I’ve said it a THOUSAND times. The decision hasn’t become FINAL until you get a WRITTEN decision. Now, keep it mind (as I’ve said before), Judges are very straightforward. However, after reviewing your file or if they get new evidence, the judge may re-evaluate his or her decision.
4) MYTH – If I keep calling every day, it will speed up my decision.
I have to constantly remind people that the staff at the hearing office are people, too. These people are tasked with trying to generate hundreds of decisions a day to people who are waiting for their decision. So do you really think you are going to help your situation by constantly calling the office and keeping them from doing their job? (Use some logic. What do you do when a bill collector calls you ever day on your phone? Don’t get new! Some of you won’t even LOOK at the phone!)
5) MYTH – They have all the evidence they need. They don’t need any more.
If your case has some inconsistencies, the judge may order an evaluation. In addition, if you have some extra evidence that is helpful, they may have to review your file with the new evidence that is provided.
6) MYTH – The expert in the court said I could (or could not) work so I know I am not going to win (or lose).
Typically, in Social Security hearings, you may have a Vocational Expert or a Medical Expert. These persons are there to provide expert opinions about the ability of persons to do work (Vocational) or give opinion about the medical evidence (Medical). However, these persons are NOT the final decision maker. The judge is the final decision maker.
7) MYTH – If I call the hearing office, they will tell me if I’ve won or loss on the phone.
Most people don’t realize that Social Security has a very strict policy AGAINST informing people about the decisions on the phone. So, please don’t think that they are trying to single you out by not telling you.
MYTH – There is NO way I can speed up my decision.
I hate telling people this because it usually doesn’t make them feel better but if you are not Terminally Ill or in a Critical Financial Situation (i.e. eviction or foreclosure or homeless), Social Security is probably not going to move any faster on your case. Why? Because several THOUSAND people are in the EXACT same spot as you!
9) MYTH – My case will move to the top because my Congressman / Congresswoman / Senator is involved.
Ok. If you went to your Representative or your Senator, your case may have moved a little faster to get TO the hearing level. However, once it’s there, it’s in the hands of the judge and judges tend to not be swayed by Congressional pressure. Every person is equally as important (with or without the Congressional pressure).
10) MYTH – If I get denied, there’s nothing more I can do.
WRONG! You can always appeal! Remember, you have 60 days from the date of the decision to appeal.
11) MYTH – If I get approved, I win for good.
WRONG AGAIN! Two things can happen. One, the Appeals Council can pull your case for review (just checking to make sure that the decision was right). Two, you will undergo a Continuing Disability Review (unless you’re 63 or 64) every 3 to 5 years to make sure you’re still disabled.
12) MYTH – My case is exactly like my Friend’s case and he / she got approved so I should, too.
Everyone’s case is on a case by case basis. Please don’t compare your case to someone else’s case. The last thing you want to do is think that your case will have the same outcome of someone else’s case (and contrary to popular belief, you haven’t seen your friend’s file so you don’t know what got them approved).
The Social Security Disability process can be confusing. However, it can be more confusing if you allow yourself to believe alot of the myths that are out there. Remember, the process is designed for you. Don’t let it get away from you.
The little things that may affect your Social Security Benefits AFTER you win your case
Watch out dere now! It’s PARTY TIME! You’ve applied for disability benefits. Now, after several months or several years of forms, doctor’s appointments, questions/answers, and waiting, you have FINALLY been approved. YAAAAY!! It’s amazing how people are so dedicated to doing what it takes to get their benefits. After a long and stressful process, you have finally arrived.
Now here the comes the song you’ve been waiting for, “MONEY, MONEY, MONEY!!!”.
However……………………….
Here’s the part of the process that usually throws people off. People don’t realize that there are ALOT of ‘little things’ that may effect not only HOW MUCH money you will get but it may also effect if you get any AT ALL!!!
Before you get ‘Coo Coo for Cocoa Puffs” and start counting all that “CHEDDAR” you THINK you’re going to get from the Disability process and all of that back pay, here’s a few things that you need to remember so you don’t get your feelings hurt:
1) WARRANTS. Most people know that if you’re in jail or incarcerated, you’re not entitled to benefits. What most people don’t know is that if there is a WARRANT for your arrest, this warrant has the same effect as if you were arrested. So what does that mean? That means if there is a warrant for your arrest, the Social Security Administration may not administer your benefits until you get that Warrant resolved. Get it fixed or no money for you.
2) CHILD SUPPORT. Please don’t sit over and think that just because you are disabled, you are exempt from paying your child support. Even more so, if you owe BACK child support, most states have arrangements through their Department of Revenue and the Social Security Administration to garnish some of your back pay. So if you’re thinking you’re going to get a JAMMING back pay check but you owe child support, your check may be smaller than you think.
3) WORKERS COMPENSATION. Workers Compensation cases and Social Security Administration cases tend to go hand and hand. However, in some instances, if the combined amount of mothly amount of your WC benefits and your SSA benefits is greater than 80% of your Average Current Earnings, you may see a REDUCTION in your benefits to compensate for the difference.
4) VETERANS BENEFITS. Veterans benefits fall into two separate categories: Service Connected and Non Service Connected. If you are receiving Service Connected benefits, you may not see an impact on your Disability Insurance Benefits (SSI is totally different. Go to Bullet 15 for a discussion). However, if the benefits of the VA are NON service connected, these benefits may possibly reduce the amount of DIB benefits you’re entitled to receive.
5) LONG TERM / SHORT TERM DISABILITY BENEFITS. This portion is usually very tricky because every Long Term / Short Term Disability policy is different. It’s important to ask your disability carrier what impact receiving SSA benefits will have on your LTD/STD policy. For some policies, it’s a one to one reimbursement. This reimbursements means if they were paying you during months when SSA should have been paying you, they want their money back for that period. So, for instance, if your LTD/STD carrier was paying you $1000 a month from Jan. 2008 to Jan. 2009 and you get SSA benefits retroactive from Jan. 2008 in the amount of $1200, your carrier MIGHT require a reimbursement for the same time period. Check your carrier just to make sure.
6) WORK & SSA don’t always mix. I always have at least one or two people who want to be slick and try to draw a disability check and work a little bit at the same time. The SSA does allow for what is called “A trial work period” (Please comment if you want me to discuss that in greater detail). However, after a certain period of time, SSA may wonder if you are REALLY disabled or not.
7) MEDICARE. If you’re getting Social Security Disability, you may be entitled to receive MEDICARE. Medicare is NOT free. A small portion of money is taken out of your check every month in order to pay for your medicare. If you choose to NOT take it and ask for it later, you may face a penalty.
CDR. For those of you who don’t recognize this acronmym, it’s called a CONTINUING DISABILITY REVIEW. It’s like this, Social Security doesn’t expect you to be disabled FOREVER so they are going to come back at some point in time (Usually more than once) to determine if you are STILL disabled. If you’ve gotten better, your check may STOP!
9) FEDERAL DEBTS. Recognize, if you OWE the federal government some money, they gonna GET their money. Don’t think that the government will totally excuse your debt because you’re on disability.
10) SOCIAL SECURITY FRAUD. Most people bust their butts in order to properly demonstrate that they are disabled. However, there are a FEW people out there who are trying to get their HUSTLE on! Recognize that Social Security has a department dedicated to investigating fraud. As such, if you are attempting to defraud Social Security, don’t think you won’t get caught.
11) WINFALL. Now, this particular point really applies more to Supplemental Security Income. A WINFALL is when you get a big lump sum of money unexpectantly. This money could be an inheritance, a settlement, or even the lottery. Now, you’re sitting there with a monthly check and a big sum of money and you’re thinking, BOOM, I’ll just live on my monthly SSI check and ride out with my money in the bank. Unless you have your LUMP SUM of money in some type of special needs trust, that money will be counted against your SSI. What does that mean? THis means until you spend the money down to a particular amount, SSI won’t pay you a DIME!
12) SUSPENSION / TERMINATION. Some of the things that I am addressing may result in your disability benefits being temporarily discontinued. This process is called SUSPENSION. SSA may suspend paying your benefits until you have resolved whatever issue that is effecting your case. However, this suspension is not permanent. If you have not resolved your siutation after a certain period of time, SSA may terminate your benefits. What does that mean? You have to start over!
13) REPRESENTATIVE PAYEE. This portion doesn’t have to focus so much on how much you get paid as much it focuses on WHO is responsible for your money. If you’ve had issues with money in the past, or some psychological issues, or some cognitive issues due to significant pain medications, or you’ve had problems with drugs and alcohol, SSA may determine that someone else needs to handle your money.
14) DEDICATED ACCOUNTS. These accounts are typically utilized in kids ‘ cases. These accounts are tricky because if SSA determines you need to set one up, the requirements for maintaining these accounts are very detailed. You have to be very careful as to what you spend the money.
15) SSI & everything. Most people don’t realize that SSI is a “NEED BASED PROGRAM”. In other words, if you have money coming from other sources, you don’t NEED the money from SSI (and this includes other SSA disability programs).
16) LUMP SUM MAY NOT BE LUMP SUM. Ok, here’s the tricky part. Most people don’t realize that even though you may win your case, you may not get as MUCH money as you think. Here’s an example. Say, you applied for SSI benefits on Jan. 1, 2009 for the first time but you said you had been disabled since Jan. 1, 2005. So SSA approves you. So you think you’re getting all the way back to Jan. 1, 2005, right? WRONG! SSI only pays from the date of the application so your lump sum would be from Jan. 1, 2009 to the present. Let’s use the same example but you applied under DIB. Under the DIB program, you’re entitled to go back before the date of the application. So you think you’re getting all the way back to Jan. 1, 2006, right? WRONG!! DIB only pays up to one year before the application so at best, you’re going to get money from Jan. 1, 2008 to present.
17) COUNTY REIMBURSEMENT. Some Counties, in an attempt to work with those persons who are unable to work, have arrangements with the Social Security Administration. As a result, if you find yourself receiving some type of housing assistance, SSA may automatically deduct money from your benefits (typically the SSI benefits) in order to ensure the County is reimbursed.
18) JAILS / PRISONS. As I stated above (Bullet #1), if you’re incarcerated, you are not entitled to receive SSA benefits. This point gets tricky if you find yourself being arrested because you may not have time to notify SSA. It’s important that your loved ones notify SSA as soon as possible because if you come out and you are still getting benefits, you may owe the government for the time you were incarcerated.
19) APPEALS OF PARTIALLY FAVORABLE DECISIONS. Partially Favorable Decisions or PFD are decisions by the Social Security Administration. These decisions are the governments way of saying that you are disabled but not for the length of time or time period that YOU think you are. You have the right to appeal this decision if you don’t agree. If you do, 3 things can happen. One, you can win and get the entire period you asked for in the beginning. Two, you can lose and SSA and social security will leave your benefits the way they are. Three, SSA can determine that they were wrong and that you were never entitled to benefits. This part is really tricky because if SSA thinks you should have been awarded benefits to begin with, you may have to reimburse SSA for everything they gave you.
I know I covered alot of information but I spend alot of times explaining to people why their benefits are impacted after they’ve gone through a lengthy process to get them. I hope this helps you.
