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northern minnesota social security disability lawyer, Social security hearing, social security judge

Some Tips to Help You Win Your Social Security Disability Claim

Attorney Steve Bradt, of  Bradt Law Offices, has been successfully handling Social Security disability claims for nearly 30 years. While every case is different and not every case can be won, there are a few things that you can do to improve your chances of winning your claim. This is the advice that we give to our clients early in every case:

Visit Your Doctor

One of the most important factors considered by Social Security in your claim will be the medical evidence. You have to understand that every person, who appears before every Social Security judge, in every case, tells the judge “I can’t work because I am disabled”. Obviously, Social Security cannot approve every single claim that is filed. Therefore, they will look very carefully at the medical evidence to see if it establishes the disability that you are claiming. If you haven’t been to see a doctor about a particular condition or claimed disability, there won’t be any evidence of that disability. While this seems like common sense, we are surprised every day at the number of people we speak with who claim to be disabled but haven’t sought medical treatment or haven’t been to a doctor in several months or years.

If you have ongoing medical problems which you feel are disabling, you should visit a doctor regularly for treatment. This helps Social Security see that you have a condition which has been diagnosed and treated and is consistent with the disability you might be claiming.

Follow the Treatment Recommendations of Your Medical Providers

It is very important that you follow your doctor’s treatment recommendations or use the medications prescribed for you. Many times, a Social Security judge will ask a claimant why they haven’t tried a particular form of treatment or why they are not using medication. If the judge believes that you might be able to work or that your disabling condition could be controlled if you were following your doctors instructions, you may lose your case. On the other hand, if you can a tell the judge that you have tried everything your doctors have recommended but you are still  disabled, you have a much stronger case.

Unfortunately, not everyone has health insurance or the financial ability to get treatment. If you are in that situation, make sure to explain to the judge why you haven’t been able to get all the treatment a doctor might have recommended for you.

Make Sure That Your Lifestyle Is Consistent with Your Claim of Disability

If you are claiming to be disabled from work, then your lifestyle should be consistent with that claim. In other words, if you tell a Social Security judge that you cannot work but are still able to hunt, fish, bowl, golf, hike, etc., the judge will not likely be persuaded that you are not capable of working. A Social Security judge will look very closely at the physical activities you are able to perform on a daily basis. Therefore, it is very important to make sure that the judge understands that any physical activities you perform are only done on a very limited basis as your medical condition allows. For example,  you may still do some  fishing or hunting, but you’ll need to explain that it is on an extremely limited basis, if at all, and is not anything at all like the fishing or hunting you enjoyed before you became disabled.

Tell the Truth

Perhaps the single most important thing you have going for you at a Social Security hearing is your credibility. If the Social Security judge believes your testimony, you have the best chance to win your claim. It is understandable that you may be in a desperate financial situation and feel the need to exaggerate your symptoms or disabling conditions in order to win the case. Don’t do it. If the judge suspects that you are exaggerating or being less than honest on any issues, she may find all of your testimony unbelievable and deny your claim. A key part of many claims is the amount of pain that you are experiencing and which might prevent you from working. It is essential that the judge believes you when you describe your level of pain and how it keeps you from working. If the judge doesn’t believe that aspect of your claim, , you will most likely lose.
If you have questions about a Social Security disability claim, please feel free to contact Bradt Law Offices for your absolutely free consultation. We have been handling Social Security disability claims all across northern Minnesota for nearly 30 years and are always happy to discuss your claim at any stage of the claim process. We can discuss your claim over the phone or arrange for a meeting in our office.

If you have other questions about Social Security disability claims, you can visit our website where we have a list of common questions and answers, including:

 

1. What are Social Security disability benefits?
2. How much will I receive if Social Security decides I’m disabled?
3. How do I apply for Social Security disability benefits?
4. What do I do if my claim is denied?
5. When should I hire a lawyer to represent me?
6. How do I pay a lawyer in a Social Security disability case?

Thank you for visiting our blog.

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Discussion

2 thoughts on “Some Tips to Help You Win Your Social Security Disability Claim

  1. Hiring a disability attorney is another tip. Oftentimes, claimants don’t understand that there is no upfront cost to hiring an attorney. Attorneys are not paid unless the claimant is awarded benefits.

    Posted by SSD.tv | December 20, 2012, 12:00 pm
  2. These instructions are very helpful, thanks for sharing. My uncle is claiming social security disability, and he asked me to research it. I believe, he has a good change of getting his claim approved, because he’s already doing most of the things you mention in your article. How long does it take for a claim to be approved?

    Posted by Daniela Adams | September 1, 2015, 1:22 pm

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LEGAL DISCLAIMER

This blog/website is intended to provide general information and is not intended to substitute for individual legal counsel on any specific problem. No attorney-client relationship is created or intended to be created by use or viewing of this blog/website. Any visitor seeking specific legal advice should contact an attorney. Any links provided from this site, other than to Bradt Law Offices, are for informational purposes only. We have no control over and make no warranties as to the accuracy of information contained on any linked sites. The information presented on this website is based on the laws of the state of Minnesota. Anyone viewing this website who resides outside of the state of Minnesota should be aware that the laws in their state may differ. Every effort has been made to present accurate and current information on this blog/website. If you have a question about the accuracy of any of the information presented here, please contact Bradt Law Offices at 218-327-1235.
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