Consistency the Name of the Game When it Comes to Social Security Disability

March 9, 2018

Having a consistent message to the Social Security Administration as to why you cannot work is one of the key components to winning your disability case.

 

Here is how to be consistent with your allegation(s) that you are too disabled to work:

 

1. Make sure your medical records accurately reflect the amount of limitations or pain you state you have.

 

Here is a good example:

 

If you say you have severe back pain and your doctor only lists mild degenerative changes, then you will be deemed to have an inconsistent allegation with your medical evidence. 

 

Solution:

 

Either find a doctor that agrees and is willing to document your medical condition which shows you have severe pain or be willing to not over-exaggerate your pain level. Nothing looks worse than a client and myself being in a hearing and the judge asking, "On a scale of 1 to 10, what is an average pain level for you?" And, the client stating, "10." Honestly, if that were the case you'd be in the hospital with a Morphine drip.

 

There is no doubt you are in pain, but just curb it to an acceptable level and it will show your medical records are in line with your allegations.

 

2. Make sure your daily activities reflect your allegations as well.

 

Here's another example:

 

A client alleging that she is in so much pain that she lies in bed ALL day.

 

No, you do not. You have to get out of bed and go to the bathroom. Everyone has to eat. Also, don't state as such, and then also state you go to the grocery store, church, etc. You must be consistent with your activities of daily living as well as your medical records.

 

3. One more:

 

If you are alleging a mental impairment, for god's sake don't tell your doctor that you're going on vacation, or doing great! And, then allege you are too impaired to work. 

 

It's hard enough to win for a mental impairment. Don't add to it by stating dumb things in your medical records and then having your doctor write it down.

 

Consistency...consistency...consistency. Slowly but surely it can get the job done.

 

We help claimants throughout Texas and California fighting for their Social Security disability benefits. If you need to talk, feel free to call us at: (888) 780-9125.

 

 

 

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