The following may be problem areas or issues that must be addressed in your Social Security disability claim. Failure to have medical care can, by itself, prevent your claim from being approved. Other issues may make a judge or other decision-maker more likely to turn your case down, unless they can be explained.
Remember that it does not matter what you think is "fair." Instead what is important is what the Social Security judge or other decision- maker thinks.
MEDICAL RELATED ISSUES
- Gaps in medical treatment. For example going more than three or four months without getting medical treatment for each of your physical problems, or more than one or two months without getting treatment for mental health problems.
- If you claim that you have had limited medical care or don't take medications because of lack of money, you must be able to show that you have done everything you can, over an extended period of time, to obtain care at free or low-cost clinics.
- "Non-compliance with medical care"
- "No shows" for doctor's appointments.
- Multiple cancellations of doctor's appointments.
- Failure to take medications prescribed by doctors.
- Failure to take physical therapy or other treatment recommended by doctors.
- Continued smoking cigarettes, especially if diagnosed with breathing/lung problems, heart problems, vascular/blood circulation problems.
- Any history of drug use.
- Any indication of alcohol abuse, including alcohol-related legal problems, alcohol-related health problems, or any recommendations by medical professionals to stop or reduce use of alcohol.
WORK RELATED ISSUES
- Any work done after the date that you claimed you became disabled.
- Statements that you stopped working for any reasons other than your own disability. Stopping work for the following reasons will especially be a problem:
- Laid off
- The place where you worked closed.
- You did not get along with your boss or your co-workers (unless related to a mental condition).
- You left your job because you moved.
- You stopped working to help care for a member of your family.
- Receipt of unemployment benefits during any period you were claiming you were disabled. (Only "unemployment benefits" are a problem. Receiving "workers' compensation" benefits is NOT a problem.)
LIFETYLE AND DAILY ACTIVITIES
- Activities a judge may consider "inconsistent" with total disability. If your Social Security file shows any evidence of any of these issues, they must be very carefully addressed during your hearing or by other evidence that you present.
- Caring for a sick or disabled family member.
- Caring for children by yourself.
- Several trips or vacations, or any long trips or vacation.
- Doing all types of housework, yard work, shopping etc., with no help from others.
- Going shopping regularly without assistance
- Comments to doctors that you are working, fixing up your house, or helping other people take care of their needs.
- Any arrests, periods of incarceration (being in jail); any outstanding warrants
- If you claim that you have limited medical care or don't take medications due to lack of money, the judge will look at how you choose to spend whatever money you have, such as:
-- Spending money or cigarettes, alcohol, or illegal drugs
-- Spending money on expensive or fancy clothes, jewelry, beauty treatments
-- Spending money on expensive hobbies or recreation, such as boats, major trips
At Callahan Law Firm, P.C., we know what it takes and what is important to win your disability claim. We will guide you throughout the process, giving you suggestions and guidance from our experience that you might not have thought about that can make your case as strong as it can be. We will use the thousands of pages of Social Security law, rules, regulations, policies and procedures to your best advantage. We will make sure that all the evidence that is helpful to your case is presented in a way that helps you as much as possible, and work to avoid the pitfalls and problem areas that can sometimes ruin a disability claim.
