Social Security Misbeliefs and Myths

Welcome to Season 1, Episode 21 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Social Security Misbeliefs and Myths."

Join host Nancy L. Cavey, expert Social Security Disability attorney, as she takes on one of the most damaging obstacles claimants face - not paperwork, not deadlines, but misinformation. In this episode of Winning Isn’t Easy, Nancy tackles the myths and misbeliefs that too often keep people from getting the Social Security Disability benefits they’ve earned. Whether it’s the false idea that SSDI is “just welfare,” or the fear that trying to work again means you’ll lose everything, these misconceptions can cause shame, confusion, and costly mistakes. Nancy breaks down where these myths come from, why they persist, and - most importantly - what the truth actually is. She explains the real connection between your work history and your eligibility, clears up the confusion about trial work periods, and sets the record straight on what SSDI really is: an insurance program you paid into through your own hard work. If you’re applying, already receiving benefits, or supporting someone who is, this episode will arm you with facts, confidence, and clarity. Don’t let bad information stand between you and the benefits you deserve. Tune in and learn how to cut through the noise, bust the myths, and protect your future. Let’s get into it.

In this episode, we'll cover the following topics:

1 -  Social Security Disability Benefits Are Just Welfare, and I Am Not a Welfare King or Queen

2 - Aren’t Social Security Disability Benefits Just Welfare?

3 - You Can’t Work at All if You’re Receiving Disability Benefits

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


Need Help Today?:

Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:00]:
 Foreign welcome back to Winning Isn't Easy. Social Security Disability Benefits this is a podcast where we break down everything you need to know about navigating the Social Security disability claims system system. I'm your host, Nancy Kvy. Now before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says that I've got to tell you this and now that I've told you that, nothing will prevent me from giving you an easy to over understand overview of the Social Security disability claims process, the games that are played during that process, and what you need to know to get the Social Security disability benefits you you deserve. So off we go. Now, in our last episode, we covered the termination of benefits.
 
 Nancy Cavey [00:00:58]:
 In today's episode, we're going to be talking to those people who work and we're going to ask you to look at your pay stub. Do you wonder what all those deductions really mean? Or worse? For anyone who's heard that Social Security disability is just welfare or felt ashamed or confused, we're going to explain why you shouldn't feel that way. Now, if you've paid into the system, if you've worked hard and life threw you a curveball, a serious illness or injury, you deserve the truth. And today we're going to help you set the record straight. This episode is all about debunking the myths and misinformation that swirls around the Social Security disability system, particularly in today's political environment. Maybe you've heard people say, well, only people who don't want to work will file for disability, or if you try to work again, they'll cut you off for good. Or the big one, Social Security disability is just another form of welfare. Spoiler alert.
 
 Nancy Cavey [00:01:57]:
 It's none of these things. If you're applying for benefits or already receiving them or just trying to make sense of the system, stay with us. Knowing your rights isn't just smart, it's empowering. So let's get started. I'm going to be covering three things today. One, the fact that Social Security disability benefits are not just welfare. And I'm not a welfare king or welfare queen number two, aren't Social Security disability benefits just another form of welfare? And three, you can't work at all if you're receiving your disability benefits. You can see.
 
 Nancy Cavey [00:02:33]:
 I want to challenge these myths that are swirling around and make sure that you understand that getting the Social Security disability benefits you deserve is not considered to be welfare doesn't make you less than a great person or less of an American. And also understand that there are limits to your ability to work and collect Social Security disability benefits. And that's where you may be crossing the line. Got it. Let's take a break for a moment before we get into this episode.
 
 Speaker B [00:03:05]:
 Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:27]:
 Welcome back to Winning Isn't Easy. Social Security disability benefits aren't welfare and I'm Not a welfare king or queen. Now that's one of the most common and damaging myths about Social Security Disability. People want you to believe that the fact that you are trying to collect or are on Social Security disability benefits means that you are a welfare king or welfare queen. Quite frankly, that's bull. Social Security disability benefits are based on your earned insurance coverage that you pay and other workers pay during their working lives. So let's take a look at the pay stub. You see a deduction labeled FICA that stands for Federal Insurance Contributions Act.
 
 Nancy Cavey [00:04:13]:
 The FICA withholdings are your contributions to both Social Security retirement and disability programs. Your eligibility for Social Security disability benefits isn't automatic. It's earned through work credits. So generally, if you're under the age of 31, you need fewer credits. But for most adults, you must have worked and paid into the system for at least 20 out of the last 40 quarters. That's five out of the last 10 years. When you meet this requirement, you become insured, meaning that you've paid enough into the system to qualify for benefits if you become disabled and meet the Social Security Administration's five step sequential evaluation. Now, once you're insured and you're claiming Social Security disability benefits, Social Security will use this five step sequential evaluation process.
 
 Nancy Cavey [00:05:04]:
 And this includes the you have to prove that you have been or will be out of work for at least a year due your medical condition. 2. That your condition is serious enough to limit basic work activities. Number three, that your condition either meets or equals the medical listings in the Social Security Disability Bluebook. And at step four and five, where most of these cases are decided, at step four, you have to prove that you can't return to any work that you've done in the last five years before your claim was decided and at step five, that you can't perform any other work in the national economy. Considering your age, your Education, your past work, your functional restrictions and limitations, and whether or not you have any skills from your past work that could go that help you do other work. So this is a complex process, but the first question always is, are you insured or not? If you are not insured, you might be eligible for Social Security Supplemental Income Benefits ssi. And it's an asset based test based on whether you're single or whether you're a couple.
 
 Nancy Cavey [00:06:12]:
 And it looks at your assets in terms of what's in your bank account, your any housing or properties that you might own, the number of cars that you have, and if you don't have enough quarters of coverage or they've expired, you might be eligible for SSI if you can meet this very, very strict asset test. So can you lose your insured status? The answer is absolutely yes. Your insured status is not permanent. It can expire. And generally you can retain your insured status for up to five years after you stop work. So if you delay filing your Social Security disability application too long, you may have lost your insured status, which means too bad, so sad. Unless you qualify under the asset test for ssi. So that's why it's essential for you to apply for benefits as soon as you become unable to work due to disability.
 
 Nancy Cavey [00:07:04]:
 Now, as I've said, if your insured status expires and you still can't work, your only option might be ssi. And SSI is not based on your work history, it's based on your financial situation. So it's an asset based test. And if you don't meet that asset test and you're not insured for Social Security disability benefits, you are out of luck and there's nothing that we can do or any other lawyer can do for you. So in summary, I want you to understand that Social Security Disability benefits is not a handout and it is an earned benefit that you've paid for, much like a private disability insurance policy through your workplace or an insurance provider. You're not asking for charity. You're claiming a benefit you earned through your labor. And don't let anybody tell you otherwise.
 
 Nancy Cavey [00:07:53]:
 And don't let anybody else make you feel like you're a deadbeat or a cheat or worthless. That's far from the truth. I want you to also remember a famous quote from Franklin Delano Roosevelt, who was disabled. He was in a wheelchair or used braces. And what he said is that a measure of society is how they treat folks who are disabled and unable to work. We in the United States, through Franklin Roosevelt and the Congress established the Social Security system and the as part of that, the Social Security disability system. He was disabled and he recognized that Americans who have worked their life and have contributed to the system should be taken care of based on their contributions to the system. And when you get paid, by the way, what you get paid is based on your contribution to the FICA program.
 
 Nancy Cavey [00:08:52]:
 It's based on their five highest years earnings called the ace. So you're not going to get more than what you contributed to. And of course there is a cap. Again, this isn't welfare. These are benefits that you paid for and if you meet the five step sequential evaluation are legally entitled to. Got it. Let's take a break. Come back to Winning isn't easy.
 
 Nancy Cavey [00:09:49]:
 Aren't Social Security disability benefits just welfare? Well, I know I just talked about it, but I'm going to talk about it again. Particularly unfortunately in today's political environment where Social Security is under attack under the guise that we simply can't afford Social Security so we can give a tax break to the rich. You can tell that I'm not buying that and I hope you're not buying that either. So I want you to understand and call your congressman and tell them Social Security benefits are not welfare and those benefits should not be attacked, terminated, reduced, and you certainly need to leave Medicare and Medicaid alone. Social Security disability benefits, as I've said, are insurance benefits that are funded directly by your payroll taxes. Look at that paycheck. Did you see the fica? Did you see that's you contributing to the Social Security system. And I want you to understand that it's a down payment, if you will, on your insured status.
 
 Nancy Cavey [00:10:52]:
 Ultimately, Social Security disability is not based on your current income or assets, but it's based on your work history and your medical condition. Now, whether you're a janitor or a CEO, if you've paid into the system, you're entitled to receive benefits if you become disabled and and meet the requirements. The system is designed to protect workers and their families from the economic impact of serious injury or illness that prevents them from working. So how are benefits calculated? The amount of your monthly Social Security benefits depends on your lifetime earnings, not on your current financial status. There is a maximum cap, but that calculation is based on your average indexed monthly earnings over your career. Now compare that to SSI Supplemental Security Income Benefits. That's a separate federal program intended for people with limited income or resources. SSI is funded rather from the general tax revenue, not fica.
 
 Nancy Cavey [00:11:51]:
 And to qualify for SSI you have to meet both the medical criteria and the strict financial requirements. Now remember, SSDI is insurance. You've earned it. SSI is in fact welfare. It's based on financial need. And mixing the two creates confusion and perpetuates the myth that all disability benefits are handouts. Now let me take a moment to address something that I hear a lot. There is a payroll tax that you pay and that payroll tax is in part based on your income.
 
 Nancy Cavey [00:12:26]:
 In my opinion, the income limits for wealthier Americans in terms of their contribution to the Social Security disability system is absolutely wrong. I believe that as of us recording this, that if you earn up to $155,000 a year, your contributions to the Social Security system are capped and your benefits are capped. I do think that the more you earn, the more you should be contributing to the Social Security system and potentially your benefits should be raised because at the end of the day, your benefits are based on your contributions. Should this be a replacement for a person's wages, if you will? Social Security has never been designed to be a wage replacement program. It is to provide you with assistance if you're unable to work. And that means that, that you, you are going to have to cap your financial resources potentially to make up the difference. If you didn't contribute a lot to the Social Security system, you're not going to get a lot. You'll get, you know, the your benefits based on your ace.
 
 Nancy Cavey [00:13:42]:
 So this is not a windfall, if you will, for people who haven't worked a lot. They're going to get the exactly the amount of money that they contribute to based on the 5 years current earnings. Again, as I said, I think wealthier Americans should be contributing more in their in the ficus with probably a slight increase in the amount of benefits they might be eligible for. But I think that this has got to be more equitable and that greater contribution, I think from wealthier individuals will also help preserve the life of the Social Security system.
 
 Speaker B [00:14:21]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:15:10]:
 Welcome back to Winning isn't easy. You can't work at all if you're receiving disability benefits. Well, many people mistakenly believe that if you're receiving SSDI or SSI you're prohibited from working in any capacity. That is not true. The Social Security system actually encourages individuals to try to work again through several safety net programs and incentives. So let's talk about those. If you're a SSDI recipient, there's something called the trial work period TWP that allows you to test your ability to work for at least nine months without losing your full disability benefits, regardless of how much you earn. So in 2025, a month counts as part of the TWP program if you are earning over $1,110.
 
 Nancy Cavey [00:15:58]:
 And so after that trial work period of nine months, you can enter into a 36 month Extended Period Eligibility EPE. And during this time, you can still receive benefits in any month. Your earnings don't exceed SGA, which for 2025 is $1,550. So you can work, but you got to keep it ultimately under 1550 if you're in the extended period of eligibility EPE. Now you got to sign up for all these programs, and I'm going to talk about that for a moment and why that can be a problem for you if you didn't. Now for SSI benefits, the program deducts a portion of your earned income rather than cutting off the benefits entirely. Social Security doesn't count the first $85 of your monthly income and then reduces your SSI check by 50 cents for every additional dollar you earn. This means that you can work part time and still receive some of the SSI benefits, provided that your income and assets still stay below the eligibility limits.
 
 Nancy Cavey [00:17:01]:
 Now, the other issue, of course, ultimately is health insurance and health coverage because you continue to need to get medical treatment for your medical condition. And of course Social Security is going to require you to get treatment. If you return to work and your SSDI stops, you'll still qualify for Medicare coverage for at least 93 months after that trial work period ends. If you're not on ssi, working may affect your Medicaid, or if you are on ssi, working may affect your Medicaid eligibility. But many states have programs that allow you to keep the Medicaid even if your income rises. And many states don't. It just depends on where you live. So if you're in that situation, you need to understand what your state law provides.
 
 Nancy Cavey [00:17:48]:
 Now, the myth about working persists, and the idea that you must be completely unable to lift a finger in order to qualify or maintain benefits, I think is rooted in the outdated notions of disability. In reality, Social Security recognizes that many disabilities are all or nothing. And that is, let me give you, like Ms. Or Parkinson's. But many medical conditions also are not all or nothing. In other words, you may have good days, you may have bad days, you may be able to do limited work without being capable of maintaining full time employment. By understanding the work incentives and protections built into the system, beneficiaries can explore employment opportunities without fear of instantly losing their safety net. That's one of the questions that I get in consultations with folks.
 
 Nancy Cavey [00:18:40]:
 They will feel as if the applying for and getting Social Security benefits instantly makes them less than an American, less than an American worker. Because everybody really wants to work and everybody has the goal of returning to work. And I have to explain to them the trial work period and the extended work periods and say that that's an incentive that is built into the system. But those programs require that you enroll and report. And if you don't and Social Security discovers that you're earning and earning more than what you should be, you are going to get a letter that says you've been overpaid. This is how much you've been overpaid. And by the way, we're going to stop your benefits. That can be a scary letter.
 
 Nancy Cavey [00:19:29]:
 Now, there are some provisions in this process. You do have to quickly request that your Social Security benefits be continued. And if you don't, then they're going to be stopped while this issue is resolved. But then ultimately you're going to have to address the overpayment issue. I don't do overpayment work for lots of reasons. But I will tell you that the overwork that these calculations that are made by Social Security saying that there is an overpayment aren't always right. So you need to be prepared to challenge them. And as again, I said I don't handle overpayment work, you can contact nascar, the National Organization of Social Security claims rep, and they can give you the names of individuals who do overpayment work.
 
 Nancy Cavey [00:20:18]:
 But don't get yourself into that problem to begin with by not enrolling in these programs. They're there for your benefit. And by the way, in this instant world of communication, if you will, Social Security has access to your IRS records and that's been the case for some time. And so you can expect that Social Security is going to be checking up on folks and they're going to be looking to see whether there has been income reported to the irs. And that certainly will be a tip off about the fact that you are collecting Social Security benefits when you shouldn't be collecting benefits. Another tip off might be one of your disgruntled friends, family members, or frenemies or enemies has reported you. Bad things can happen when you are collecting Social Security disability benefits and working when you are not entitled to get those benefits and people can end up with fines and can end up in prison. We don't want that to happen to you, and you certainly don't want that to happen to you and your family.
 
 Nancy Cavey [00:21:30]:
 So be upfront. If you are going to work while you're on Social Security disability benefits, enroll in the appropriate program. Document your wages so that you aren't caught either inappropriately or appropriately in this overpayment net. Got it? That's it for today's episode of Winning Isn't Easy. Understanding the facts about Social Security Disability is crucial not only for applicants, but for family members, employers, and Social Security disability advocates. If you or someone you love is dealing with a disability and is unsure about their entitlement to Social Security disability benefits or how working might impact their benefits, reach out to a qualified Social Security disability attorney or representative. Please don't let MIS preventing you from claiming the Social Security disability benefits you've earned. Stay informed, share this episode and help us bust those Social Security myths wide open.
 
 Nancy Cavey [00:22:28]:
 If you found this episode helpful, please take a moment to like our page, leave a review, share it with your family or friends. And of course, don't forget to subscribe to this podcast, where you'll be notified when a new episode drops. Join us next week for another insightful episode of Winning Isn't Easy, where we're going to discuss Social Security judges known as ALJs. Thanks for listening.