Long Beach Lawyers Share Ten Common
Reasons for Social Security Disability Denial (Part 2)
Our experienced lawyers frequently consult with disabled individuals who have been denied Social Security Disability benefits. In this two part article, we discuss the 10 most common reasons for being denied Social Security Disability benefits. Click Here for Part 1 of this Article
6. SSD Denied for Failure to Comply with “CE”
Often the SSA will require additional medical documentation about your disability. This usually happens when you do not have your own “treating physician” – or when your own “treating physician” has submitted incomplete or insufficient medical records.
If this is the case, the SSA will often request that you be examined by one or more SSA doctor – for what is called a “consultative examination” or “CE”. This “CE” is paid for by the government.
We understand that these government ordered examinations can be inconvenient, and even feel like a waste of time. But, if you do NOT attend your “consultative examination” you put yourself at serious risk for being denied SSDI. Unfortunately, every year many applicants are denied simply because they did not comply with the government’s request for a CE.
7. Social Security Denied for Failure to Follow Prescribed Therapy
Many people do not realize that they can be denied disability benefits if they fail to follow a doctor’s prescribed therapy. Failing to follow treatment can include: failure to take prescribed medication; failure to attend therapy sessions; or, failing to have required surgery.
In other words, when you do not comply with your doctor’s therapy the SSA will determine that (1.) You are disabled anymore; or, (2.) You are disabled – but only because you are failing to comply with treatment. Either way, you will likely be denied SSDI benefits.
The SSA does recognizes certain, very limited, “legitimate” excuses for failing to follow the doctor’s orders – usually for reasons “beyond your control”. This might include not having the money to pay for treatment, or being so mentally ill you cannot comply with treatment.
However, in most cases, if you fail to comply with therapy, treatment or medication prescriptions you are putting yourself at risk for being denied SSDI.
8. Social Security Disability Denied for Drug Addiction or Alcoholism
Many people do not realize that SSDI benefits will be denied if a person’s drug addiction or alcoholism is a “contributing factor” to his or her disability.
If you have demonstrated Drug Addiction or Alcoholism, the SSA will consider whether or not you would still be disabled if you stopped using drugs or alcohol. So, it is always essential – both for your well-being and for your disability claim – that you obtain substance abuse treatment any time you are facing addiction issues.
9. Social Security Disability Denied for Criminal Conviction
It comes as a difficult surprise to many people that certain conditions related to the conviction of a crime or imprisonment can result in SSDI denial.
You cannot collect SSDI in prison after being convicted of a felony – your release is expected to occur within a reasonable amount of time AND you are in a court-approved rehab program that is likely to result in your getting a job when you get released.
Also, an injury – or the worsening of an existing impairment – that you suffered while you were in prison cannot be used to obtain SSDI benefits. (However, you may be able to receive benefits after being released from prison.)
Similarly, you cannot collect SSDI for an injury (or the worsening of an existing impairment) incurred in the commission of a felony for which you were convicted.
(Note: these situations may not prevent you from receiving SSI benefits, although being incarcerated does keep you from collecting SSI benefits while you are in prison.)
10. Social Security Denied for Fraud
If you are determined to have obtained disability benefits by “dishonest means”, the SSA can terminate your benefits immediately. And, they can (and likely will) also prosecute you for fraud, which is a serious criminal offense.
Similarly, if you obtained Social Security benefits through fraud on the part of someone working for the SSA, your benefits can also be immediately terminated.
We strongly encourage every applicant to be completely honest in applying for Social Security benefits. Large fines and prison time can be imposed upon those who abuse the system and obtain Social Security benefits by fraudulent means.
Long Beach Social Security Disability Lawyers
If you have been denied your Social Security Disability Benefits for these or any reason, it is important to talk to an experienced Social Security Disability lawyer as soon as possible.
Our skilled and caring Long Beach Social Secuirty Disability lawyers have helped thousands of disabled men and women appeal their denial and get the benefits for which they qualify.