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Social Security Claims

“I think I am disabled”

In many discussions our office has had with new clients we are told, or come to find, only a couple of conditions have been listed with the Social Security Administration office when the application was filed. During subsequent conversations we come to discover there is much more going on than just the one or two conditions or symptoms that are affecting our clients. I cannot stress enough how important it is to consider ALL of what is preventing you from working. So many of us want to dismiss the “minor” discomforts for as long as possible for sake of it being just than – a discomfort. Many others dismiss the “minor” issues as more serious conditions begin to develop. After a point, they start to find the “minor” issues aren’t so minor any more but they’re still nothing compared to what the “real” issue is.

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Facebook and Social Security claims

I recently had a claimant ask if Social Security could have him followed. My response to this question: I am not sure what Social Security is and is not allowed to do in their investigations. What I can tell you is what I have learned from my experience with working at other firms for prosecuting attorneys. If we ever felt that someone was hiding something and we wanted to investigate them we would start by searching for them on Facebook. 75% of the people we searched for were found on Facebook and we were able to get all the evidence we needed off of their Facebook page. However, if we could not find them on Facebook we would end our investigation right there. Continue reading

“I am so confused…”

I have come across many frustrated Social Security disability applicants due to the time consuming and overwhelming process. There are many forms to fill out and each form needs to be filled out properly, also providing enough medical evidence to prove you disability are all requirements; in most cases it can take months, or even years to be awarded disability benefits. The best way to approach the application process is to fully prepare and completely understand the requirements of the Social Security Administration. Continue reading

Why you should “just say no”

We here at Scott Davis, P.C. have noticed a rather troubling trend with our clients as of late. More and more people are showing up with substance abuse in their medical records (see my post “Your doctor knows more than you Think”). Most people think of substance abuse as just street drugs, but this can include alcohol abuse, and even prescription drug abuse. This is wrong on several levels, but to keep this post shorter than the tax code (and to avoid sounding too much like Mom), I’ll keep this simple: if any person making a decision on your claim deems drug and/or alcohol use a material factor in why you are unable to work they are bound by law to deny your claim. Continue reading

Communicating your medical conditions

Recently I was told by someone that he knew “for a fact” he was disabled and was astounded that the SSA denied the claim for disability benefits. The unfortunate “Fact” is that the SSA is supposed to take many things into consideration when making their determinations on disability claims but sometimes they aren’t fully aware of all the disabling conditions an individual is dealing with. For that matter, sometimes the other parties involved aren’t always clued in either. Continue reading

Receiving regular medical treatment

Without regular medical treatment , it is very difficult to prove your disability claim. A failure to seek treatment may also become a basis for Social Security to deny your claim. Social Security cannot  just rely on your statements; it needs medical proof documenting your symptoms and limitations and, preferably, opinions from your doctors, psychiatrists and/or psychologists. Continue reading

Affidavits: an important part to your case

Picture a thick stack of papers on the judge’s desk, they will have your medical history from the doctors you have seen during your illness, your work history, etc.

What about your personal history? What about what your illness has done to you emotionally? The toll it’s taken on your family life

An affidavit from a family member, friend or even former co-workers will give the judge a personal look into your illness and your life.

Affidavits are sometimes written by someone who you knew before and after or someone who helps you with your day to day living. When you attend your hearing, your loved ones generally do not testify before the judge so you need to get their perspective in front of the judge and an affidavit does this.

Your loved ones are important because they have seen the havoc your inability to work has caused in your life. By submitting a written affidavit, they will be able speak to the judge and state examples of how you were before your debilitating illness and how you are today. They can attest to how your life has changed.

Quite often these are very hard for your loved ones to write, as well as for you to read – but they are often an important supplement to your medical records and case. If you have any questions or would like some samples, please contact our office.