We tell it like it is.
What the Disability attorneys at McDonald Law Firm want you to know…
The Disability attorneys at McDonald Law Firm have vast experience handling Social Security Disability matters. We literally have seen and heard it all. We know what will help your Disability claim and we know what can hurt it. Each month, we offer a handful of tell-it-like-it-is tips in an effort to improve your chance of success and set realistic expectations:
Find a doctor or clinic.
Unfortunately, many of our clients can’t afford to go to a doctor or pay for medical treatment. Sadly, this can hurt your case. Social Security wants to see medical records and, if you don’t have any, your Disability claim could be in trouble. If at all possible, find a way to get seen by a doctor or medical professional so that we have documentation to back up your Disability claim. Many cities have free or low-cost medical clinics. Teaching hospitals and community health centers often provide care to the nation’s uninsured. Churches and non-profit organizations are another good resource. Documentation is key. Something is better than nothing.
Follow your doctor’s orders
It is extremely important that you comply with the treatment prescribed by your doctor. If you don’t, Social Security could deny your claim for “treatment non-compliance.” That is, Social Security might conclude that you would be able to work if you took your medication, underwent surgery, or otherwise followed your doctor’s recommendations.
If you have good reasons for not following your doctor’s orders, Social Security might not hold it against you. Common justifications could include not being able to afford your medication or suffering intolerable side effects. No matter what the issue, it’s important to talk to your doctor about the obstacles you are facing so it is documented in your medical records. We realize that it is not always easy to follow treatment regiments when you have little income and few resources, but it is in your best interest to try to do what the doctor tells you.
Tell your attorney if you babysit.
If you babysit for friends or family members ― even if you do it as a favor ― you should tell your attorney. Depending on the age of the children and the physical demands, it could be viewed by Social Security as evidence of your ability to work. In fact, in the early stages of the Disability process, you will be asked to complete a Disability questionnaire about your “Activities of Daily Living” (ADL). One of the questions pertains to whether you take care of anyone else and what you do for them.
If you state that you watch your niece every day, it could raise a red flag and, possibly, jeopardize your claim. However, if you explain that your niece is 15 years old and she rides the bus to your house and helps with light chores, then that could actually help your case. Your attorney can evaluate your circumstances and advise you appropriately.
Come clean about alcohol and drug use.
If you regularly use alcohol or drugs or have had a substance-abuse problem, it is important that you are honest with your attorney about it. Alcohol and drug use can affect Disability decisions. If there is evidence of drug or alcohol abuse in your medical records, Social Security must determine whether it impacts your Disability or is “material” to your functioning. In other words, if Social Security determines that your condition would go away if you stopped using drugs or alcohol, then it will deny your claim.
An advantage to having an attorney is that we can advise you how to deal with the issue and handle questions, especially if you undergo a consultative exam or have a Disability hearing before an Administrative Law Judge. Credibility and preparation are extremely important in all Disability cases, but even more so if drugs and alcohol are a factor.
Kick the habit.
If you have COPD, congestive heart failure or a cardiopulmonary problem, smoking can jeopardize your claim. Social Security is unlikely to approve a Disability application for someone with emphysema who continues to smoke two packs of cigarettes a day. We don’t necessarily expect you to quit cold turkey, but there are resources available to help you stop smoking. The American Lung Association offers tips, tools and support to help smokers quit.
Stay in touch.
If an attorney or a member of the McDonald Law Firm is calling you, there is an important reason for it. Try to return our calls as quickly as you can and always keep your case manager updated about your condition and treatment. Also, IMMEDIATELY advise your case manager if you return to work ― even on a part-time basis. This could substantially impact your claim and we need to know the details so we can plan the best course of action.