Social Security Disability Myths

    There are myths at all sorts of places or areas of expertise. In the Restaurant business and other retail stores you hear about how the place is haunted, some waiter is sending the new guy to get a can of pressure for the soda machine, or the new bag boy at the grocery store is shaking the Wishbone salad dressing and squeezing the Charmin toilet paper and only leaving out the soft packages for customers in the morning.

    Practicing law has more than its fair share of myths and some are more bizarre, strange and downright more ridiculous than the examples above. Social Security disability has many of it’s own myths. Let’s play fact or myth and we will give the answers below the statements where you decide fact or fiction:

    1. Everyone loses at first but wins when they see the judge.
    2. You have to be disabled for at least one year before you can apply for SSDI.
    3. I am in New York and really like this website but can’t hire Betz and Baril for my disability case.
    4. The vocational expert (VE) hated me and that is why I received an unfavorable decision.
    5. If the judge denies me I have to start over because the Administrative Law Judge has the ultimate say.
    6. My neighbor is 18 and they gave him benefits and he has never been to a doctor.
    7. Social Security Disability is applied equally to everyone that is why it is law.
    8. My doctor says I am disabled so they have to approve me.
    9. If you were a drug addict or alcoholic you will never be approved.
    10. Supplemental Security Income (SSI) is the same as Social Security Disability Insurance .

    We have 10 statements above and you were asked to choose fact or fiction.

    Did anyone have more than 5 answers that were fact. If it was less than 5 you chose did you have 3 or more answers that were facts. Lets go one by one and see how you did:

    1. Not true. about 20% win on the application. Betz and Baril wins at approximately 40%.
    2. Not true. you can apply at anytime and your conditions must be expected to keep you from engaging in SGA for 12 consecutive months.
    3. Not true. We are a nationwide firm and have represented clients in every state and we love New Yorkers.
    4. Not true. The Vocational Expert (VE) is a tool of the ALJ and the hypos dictate the VE answers generally.
    5. Not true. There is an appeals process called the appeals council and then you can go to federal court and potentially end up with a case being heard by the Supreme Court.
    6. Most likely nonsense. I can not say for sure or not but most 95% judges would have a hard time paying this guy.
    7. Not True. If this was true we would not have judges paying at 10% and others at 90%. The interpretations of this administrative body of law are consistently inconsistent.
    8. Not true. This one makes all us practitioners laugh and mad at the same time.
    9. Not true. However, you better get your act together. Judges do not like to give out money to add to one’s problems.
    10. Not true. One is an entitlement program while the other is an insurance program.

    How did everyone do? I hope most of you got at least 80% right. Need an attorney who specializes in these matters call Betz and Baril at 865-888-8888.

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