Pitfalls to Avoid When Filing For Social Security Disability Benefits: Consistent Treatment and Non-Compliance
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Pitfalls to Avoid When Filing For Social Security Disability Benefits: Consistent Treatment and Non-Compliance

| Mar 4, 2020 | General Practice/Litigation/Appeals, Social Security Disabilities |

 

 

In over 10 years of practicing, I’ve come to identify several pitfalls that many claimants fall into when applying for Social Security. Avoiding these can greatly increase your chances of getting a favorable decision. In this four part series I want to help you identify these issues to increase your chances of getting a favorable decision.

PART TWO: NOT GETTING CONSISTENT TREATMENT AND NOT FOLLOWING THROUGH WITH THE RECOMMENDATIONS OF YOUR MEDICAL PROVIDERS. There is one word that is a death sentence in most claims NON-COMPLIANCE.

You need to show Social Security that you are doing everything that you can to put yourself in a position where you can work but that, despite these efforts, you cannot. As discussed in part one of this series, you need to be getting regular treatment from specialists in the area in which you have a disability. For example, if you have back issues and cant work you should be receiving regular, consistent treatment with an orthopedist and, most likely, a pain management doctor. Continuing to go to the emergency room for treatment and not seeing the specialist will not be convincing.

Likewise, not following through with the recommendations of your medical providers will greatly harm your claim. The most common example is when a doctor advises someone to try physical therapy to see if that alone will improve your condition. Another is when a doctor advises that you should avoid certain things, such as smoking, alcohol or certain things in your diet, but you continue to do so.

By ignoring the advice of your medical professionals, you are essentially indicating that your complaints are not as bothersome or limiting as you allege. Once you lose credibility with a Judge, your claim is as good as lost.

Attorney Britton Hicks

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