Lawyers’ Tips to Avoid Social Security Disability Denial – Part 2

Orange County Lawyers Explain How to Avoid Social Security Problems
(Part 2)

Our experienced Orange County Social Security Lawyers understand that if you have been disabled, you need your Social Security Disability Benefits to support yourself and your family. Yet every year thousands of deserving men and women in Orange County & Los Angeles – and across California and the US – are denied Social Security benefits.

In many instances a Social Security denial is avoidable! Here are some “insider tips” from our experienced Orange County Social Security lawyers to help you avoid a preventable Social Security denial.

  1. Social Security Applicant Doesn’t Stick to Prescribed Therapy

The problem:

If you are being treated by a doctor, the course of therapy they prescribe can be time consuming and sometimes overwhelming. But if you fail to follow the doctor’s prescribed treatments, Social Security will often deny your disability benefits.

What you can do:

Try to follow all prescribed therapy – including taking all medications, attending all appointments, PT sessions, etc. – if at all possible. If you simply are unable follow the doctor’s orders you should never just “skip” the treatment – as this may result in an SSD denial. Instead, you or your lawyer should file an “acceptable medical excuse” with the SSA.

Failure to follow prescribed therapy can be excused IF you can document that you can’t follow the treatments for reasons beyond your control, such as a severe mental illness that prevents you from complying with prescribed therapy … or, for example, because of paralysis of the arms or blindness caused by diabetes.

You also may file a non-medical acceptable excuse for failing to follow prescribed therapy. For example, if you do not have the money to pay for treatment, or your religious beliefs prohibit you from receiving medical therapy.

Our experienced Orange County Social Security lawyers can help you file an acceptable excuse if you are unable to comply with therapy or treatment requirements – so that you are not denied the SSD you deserve.

  1. SSD Applicant’s Disability Is Drug Addiction or Alcoholism Related

The problem:

The SSA will deny Social Security benefits to any applicant whose drug addiction or alcoholism is a contributing factor to his or her disability.

What you can do:

If you are suffering from drug or alcohol addiction, in addition to your disability, it is important that you prove to the SSA that you would still be disabled if you stopped using drugs or alcohol.

This can be difficult to prove. Enlisting the help of an experienced Social Security lawyer can help you supply the documentation you need to convince the SSA that your disability would still exist – even in the absence of drug usage or alcoholism.

  1. Social Security Applicant has Been Convicted of a Crime

The problem:

Certain conditions related to conviction of a crime can result in Social Security Disability denial. The SSA can deny your Social Security disability if you: (1.) are currently in prison after being convicted of a felony; (2.) were injured while committing a felony of which you were convicted; or, (3.) were injured (or your condition was made worse) while in prison.

What you can do:

Cases involving criminal convictions and/or incarceration are tricky – and consulting an experienced Social Security lawyer is advised if a crime is interfering with your ability to collect benefits.

For example, if you can be placed in a court-approved rehabilitation program that is likely to result in getting you a job when you are released (if it is expected to occur within a reasonable amount of time) you may be still able to qualify for benefits.

Similarly, your lawyer may be able to provide the necessary documentation to prove that your disability existed before the commission of the felony and/or before you were incarcerated – so your benefits are not denied because of your crime or incarceration.

  1. Social Security Applicant Commits Fraud

The problem:

With all of the information the SSA requests, some people get scared that they will not have enough to “prove” their disability and may exaggerate or even lie about their disability. This is never a good idea and will not only get you denied, but can also result in a criminal prosecution for fraud.

What you can do:

Always be as honest as possible about your disability, your work history, your medical records – and anything else submitted to the SSA for a Social Security application. Do not exaggerate, lie or “stretch the truth”. Do not even “guess” or make up details if you are unsure.

If you are worried that you will be unable to collect or supply all of the information the SSA needs, contact our experienced Orange County Social Security lawyers. We know what the SSA needs. And we can help you collect the actual and honest medical documentation you need to prove your disability to the SSA – so that you can collect the maximum SSD benefits for which you qualify.

Our Experienced Orange County Social Security Disability Attorneys Help You Get the Maximum Benefits!

CLICK HERE for Part 1 of Tips for Avoiding Social Security Disability Denial