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SSD Myths and FAQs

Get the Facts From Experienced Ohio Disability Lawyers

Social Security Disability is complex and frustrating. The medical, legal and bureaucratic technicalities can be very confusing even for those of us who work with the Social Security Administration on a daily basis.

If you are considering a claim or have already been denied, the attorneys of Hoglund, Chwialkowski & Mrozik, PLLC, are here to help. See our full Frequently Asked Questions below or contact us to get answers to your specific situation. We offer a free consultation, with offices throughout Ohio, and you can call us day or night at 855-513-4844.

Clearing Up Common SSD Myths

  • I don’t need a lawyer. Disability law is complex. Statistically speaking, you are far more likely to be approved if represented by legal counsel than if you are not. Non-attorney advocates may not know the law. See more on why you need an attorney.
  • I can’t afford a lawyer. We handle your case on a contingency fee, which means there are no up-front fees and we do not recover attorney fees unless you are approved for benefits and back pay.
  • Even if I win, all the money goes to the lawyers. By law, attorney fees are capped at 25 percent of your back pay, up to a maximum. We do not get a cut of your monthly benefits and Hoglund Law (unlike some firms) does not deduct for medical records and expenses.
  • Everybody gets turned down. It’s a waste of time. It is true that only about one in four initial claims is approved. However, at least 55 percent of claimants who stick it out to the administrative hearing level are approved, with back pay. We excel at preparing clients to win their hearings.
  • I have to be dying or bedridden to get SSDI. There are dozens of qualifying physical or mental impairments. You do not have to be crippled, disfigured, institutionalized or on your deathbed. You must have a condition that prevents you from working full time or sustaining a job.
  • I have to wait. I have not been disabled long enough. If you expect to be disabled from work for at least 12 months, you can and should apply for Social Security Disability now to avoid any delay in receiving benefits. You can receive benefits after the sixth full month of disability.
  • I have not paid in. I can’t get Social Security Disability. If you are the widow/widower or dependent child of a person who received disability, you may be entitled to Social Security benefits. If you are disabled but do not have enough work credits, you may qualify for Supplemental Security Income (SSI).
  • I am not old enough to get Social Security Disability. There is no minimum age. If you are disabled by the SSA’s definition, you will get full SSDI benefits based on how many work credits you have. People over age 50 do get special consideration because it is harder for them to find gainful employment and maintain work.
  • I have to be destitute to qualify for Social Security Disability. There is a cap on assets and income to qualify for SSI (Supplemental Security). You do not have to spend down your estate to qualify for but not for Social Security Disability Insurance (SSDI), which is based on how much you paid into the system.