Aug 19

Case Killers for Social Security Disability Claims

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Social Security DisabilitySocial security disability benefits are not easy to get. More than 50% of the people that apply for social security disability benefits get turned down. Sometimes, the basis for the denial of benefits is because of something the claimants does or fails to do during the application process. Here are a few of these “case killers” for social security disability claims:

1. Claimant doesn’t get regular treatment. Documentation, documentation, documentation! Without the proper medical records supporting a claim for an ongoing debilitating condition, some judges have a very hard time awarding social security disability benefits. Even if the treatment is from a free clinic, some records are better than no records.

2. Claimant refuses medical or psychiatric treatment. By refusing treatment, the claimant does not get the medical records needed to document a disability that could warrant SSD benefits. Further, some judges could consider that the injury or condition is not so bad if the claimant doesn’t feel it necessary to follow doctor’s recommendation.

3. Claimant refuses to take medication. Prescription records do become part of the record at the hearing. If the treating doctor is prescribing medication and the claimant does not fill the prescriptions, it could raise doubt in the Judge’s eye if the injury/disability is as severe as the claimant claims it is. Follow doctor’s orders and take the medication prescribed.

4. Claimant continues to use alcohol or drugs. It is not impossible to be awarded social security disability benefits if the claimant suffers from drug addiction or alcoholism, however it does make it tougher. The Judge must determine whether the drug addiction or alcoholism is a contributing factor material to the determination of disability. The Judge will evaluate which of the current physical and mental limitations would remain if the claimant stopped using drugs or alcohol and then determine whether any or all of the remaining limitations would be disabling. If the Judge determines that the remaining limitations would not be disabling, they will rule that the drug addiction or alcoholism is a contributing factor material to the determination of disability and deny benefits.

5. Claimant fakes or exaggerates symptoms. Typically, these allegations come from the doctor social security sent the claimant to. It is important that the claimant is 100% truthful to all doctors as to the extent of the debilitating aspect of the condition. Credibility is key at the hearing. If one doctor says the claimant is a faker, the treating doctor can counter it with objective findings to prove otherwise.

Fighting for social security disability benefit is hard enough with all the correct documentation and facts. Don’t do any of these “case killer” actions that make the chances even slimmer.

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free social security disability booksAttorneys Matthew Noyes and Lorrie Robinson help the disabled fight for social security disability benefits. They have also written two books of the battle for social security disability benefits. If you have questions about whether you or a loved one qualifies for social security disability, call Attorneys Lorrie Robinson and Matthew Noyes at 727-796-8282 or simply click here to schedule a free case consultation.

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