Unfortunately, there is a great deal of misinformation (myths) about how Social Security decides disability claims at the hearing level. These pieces of bad information are a disservice to claimants who need the survival safety net of Social Security disability benefits.
There are too many myths to cover here; however, I will list a few and share just a few brief comments about each one.
MYTH: Social Security will approve my benefits if I prove that I can no longer perform any of my past work. False. This is a "step 4" finding and then you must move to step 5. At step 5 you must also prove that you cannot perform any other work which exists in the national economy. This includes jobs like silverware wrapper, garment tagger, ticket seller, worm catcher, etc.
MYTH: I will be approved if I can show that nobody would hire me for any kind of job. False. Whether or not you would be hired is not considered by Social Security. The inability to find a job is considered an employment problem, not a disability problem. Also not considered: There are no jobs in your hometown, none of the jobs you could do are open, no employers are hiring - or you no longer have a driver's license to get to or from work. None of these matter to Social Security.
MYTH: If I cry and tell the judge how bad things are, they will give me my benefits. False. Social Security disability is regulated by federal law, primarily 20 CFR parts 404 and 416. Judges may not award benefits unless prescribed by law regardless of how they may personally feel about your circumstances. You have to prove your case to get benefits.
Your best chance at getting approved is probably to get an experienced advocate who knows Social Security's laws, regulations and procedures - and who knows how to prove your case in a legal proceeding.
There are too many myths to cover here; however, I will list a few and share just a few brief comments about each one.
MYTH: Social Security will approve my benefits if I prove that I can no longer perform any of my past work. False. This is a "step 4" finding and then you must move to step 5. At step 5 you must also prove that you cannot perform any other work which exists in the national economy. This includes jobs like silverware wrapper, garment tagger, ticket seller, worm catcher, etc.
MYTH: I will be approved if I can show that nobody would hire me for any kind of job. False. Whether or not you would be hired is not considered by Social Security. The inability to find a job is considered an employment problem, not a disability problem. Also not considered: There are no jobs in your hometown, none of the jobs you could do are open, no employers are hiring - or you no longer have a driver's license to get to or from work. None of these matter to Social Security.
MYTH: If I cry and tell the judge how bad things are, they will give me my benefits. False. Social Security disability is regulated by federal law, primarily 20 CFR parts 404 and 416. Judges may not award benefits unless prescribed by law regardless of how they may personally feel about your circumstances. You have to prove your case to get benefits.
Your best chance at getting approved is probably to get an experienced advocate who knows Social Security's laws, regulations and procedures - and who knows how to prove your case in a legal proceeding.
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