Lawyers’ Ten Tips to Win Your
Social Security Disability Case (Part 2) –
This is Part 2 of our article, discussing the 10 most common reasons for being denied Social Security Disability benefits – and how to avoid them. Follow these lawyers’ “tips” to avoid a denial and win your Social Security Case.
(Note: This article pertains to Social Security Disability – not SSI.)
Comply with a “CE” Request to Win Your Social Security Disability Case
In many SSD cases, the applicant will be requested to submit additional medical documentation about their disability. This can happen if the claimant does not have a designated “treating physician”. More medical information may also be requested when a “treating physician” has submitted incomplete or insufficient medical records.
In these situations, the SSA will often issue a request for a “consultative examination” – or “CE” medical exam – by one or more SSA doctors.. The “CE” will be paid for by the government, but you must attend – or risk losing your case.
These government ordered CE exams can be inconvenient, and may feel like a waste of time. But, if an applicant does NOT attend a requested “consultative examination, they will be very unlikely to win their Social Security Disability case.
Follow Prescribed Therapy & Treatment to Win Your Social Security Disability Case
Unfortunately, every year many people are denied Social Security Disability benefits, simply because they did not follow a doctor’s prescribed treatment or therapy exactly.
In most cases, when you do not comply with your physicians’ treatment or therapy, Social Security will use this as a reason to say:
(1.) That you are not disabled anymore; or,
(2.) You are disabled – but it is because you are failing to comply with treatment.
In either case, your Social Security Disability Either way, you will likely be denied SSDI benefits.
Failing to follow prescribed medical treatment can include: not taking prescribed medication; not attending therapy sessions; or, not having required or recommended surgery.
Prove that Your Disability is NOT the Result of Drug Addiction or Alcoholism to Win Your Case
If a person’s drug addiction or alcoholism is a “contributing factor” to their disability, they can be denied benefits.
If you have demonstrated possible Drug Addiction or Alcoholism, Social Security will then consider whether you would still be disabled if you stopped using drugs or alcohol. So, if you have substance abuse issues it is always essential – both for your well-being and for your SSD case – that you get substance abuse treatment as soon as possible.
If you do not treat substance abuse or alcoholism, Social Security may deny your benefits by contending that you are only disabled because you are addicted.
Avoid Felony Convictions to Win Your Social Security Disability Case
Certain conditions related to a criminal conviction or imprisonment can result in a denial of Social Typically, you cannot collect Social Security Disability in prison after being convicted of a felony. Note that there is an exception, if your release is expected to occur within a reasonable amount of time AND you are also enrolled in a court-approved rehab program that is likely to result in your getting a job when you get released.
Also, injuries – or the worsening of an existing condition – that occurs while you are or were in prison cannot be used to obtain Social Security Disability benefits while in prison. However, in some cases you may be able to receive benefits after your release from prison.
Additionally, you cannot collect Social Security Disability for an injury (or the worsening of an existing impairment) incurred in the commission of a felony for which you were convicted.
Do NOT Commit Fraud to Win Your Social Security Disability Case
If you attempt to obtain Social Security Disability benefits by “dishonest means”, you will be denied. Or if you were already approved, your existing benefits will be terminated immediately – and you will also be prosecuted you for fraud, which is a serious criminal offense.
Even if you obtained Social Security Disability through fraud on the part of someone else who was working for the SSA, your benefits will also be immediately terminated, and you can be prosecuted.
For this reason our experienced Social Security Disability attorneys strongly encourage every applicant to be completely honest in applying for benefits. Large fines and prison time can be imposed on people who abuse the system and get Social Security Disability benefits by fraudulent means.
Click Here for Part 1 of Our Lawyers Tips on How to Win Your Social Security Disability Case