Why do I Have to Fight for my Disability?
Perhaps the most common question I get from my clients relates to the Social Security’s decision making process. If you paid into the Social Security system while you are working, why do you have to fight so hard to get your money back out when you are disabled?
The answer to this question has to do with the definition of disability. Social Security defines “disability” as the inability to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death.
By comparison, you become eligible for retirement Social Security benefits based solely on your age - once you turn 65 (or 62 for early retirement) you qualify automatically.
Social Security Disability - a Large
and Confusing Bureaucracy
Social Security does not allow claimants to “self-report” because anyone, at any age, could decide “I am disabled” and demand money from the system.
The disability system was set up to compensate deserving claimants who have a serious, long-lasting medical problem that prevents them from working.
While Social Security’s definition of disability sounds fairly simple, in practice, an extensive disability evaluation system has arisen around this definition. Like any expansive federal bureaucracy, Social Security has page after page of rules, procedures and interpretations.
The system is so complex and confusing that many claimants make the decision to hire lawyers like me to assist them in claiming benefits. While I understand the frustration that deserving claimants express about paying a lawyer $5,000 to $6,000 when past due benefits are awarded, I think that most of my clients realize that appearing without a lawyer before a busy administrative law judge is simply not a good idea.
So, yes, you do have to fight to get the money that you contributed during your working years. But when you cannot work, and your ability to support yourself and your family depend on the outcome of your case, you should utilize every resource and advantage to improve your chances at a favorable decision.
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