8 Major Misconceptions About Social Security Disability Benefits
Do Social Security disability cases really take several years to win?
It can take up to two years to receive disability benefits if an initial application is denied. Every case is different. The national average is 18 months, or a year and a half. This means some cases take longer than 18 months, and some are much shorter.
In our experience, we, unfortunately, have seen some cases take years. But this can be dependent on a lot of factors such as a claim being refiled from scratch, the age of the applicant, the judge assigned to the case, the type of disabling condition(s) and more. We have also had numerous cases where benefits were won within 30 days to a few short months. It truly all depends. We encourage anyone who is thinking of filing a claim to call us before you file.
Do most disability claimants die before they have a hearing?
It is possible and true in some cases that disability claimants do pass away before they have a hearing. However, if your doctor says that you are going to die from your medical condition, then the court will expedite your case and grant you an emergency hearing. Any attorney can arrange for this, and we at Balin Law certainly do this for our terminally ill clients.
Do all disability claimants get denied the first time?
If I keep appealing my disability case, will I eventually get benefits?
My doctor said I was disabled, so I will get benefits, right?
Do you have to “look disabled” to be disabled?
What about prison and disability benefits?
There are disability claimants that are determined mentally impaired that are incarcerated and released from prison. Some of these claimants who were incarcerated were on disability before prison and are now in a position that they have to prove disability all over again.
There is a very helpful law that allows those individuals to be reinstated benefits for Social Security Disability. Additionally, a prior finding of disability under Supplemental Security Income is also critically helpful. It seems that prison warehouses so many mentally impaired people that really need mental health treatment and services and incarceration rarely helps those impairments.
Can you get disability if you’re an alcoholic or drug addict?