What is the best way to deal with negative things in your Missouri Social Security case? Confront them head on.
I was recently in a hearing in which my client had close to 1,000 pages of medical records. In my review of the case, there was 1 line in the hundreds of pages of medical records that was contradictory. 1 Line. In our pre hearing preparation I went over the issue with my client who had a very reasonable explanation after reviewing the relevant medical records with me. At first my client had no idea what the reference was regarding. The ALJ saw the same thing and had the same question I did. After hearing my clients answer the ALJ awarded my client benefits on the spot. The point is (other than preparation with the lawyer who is handling your hearing is very valuable), don’t hope that the judge won’t see the negatives.
You need to be prepared to explain the negatives in your disability case such as:
Negative references in your medical record and treatment gaps
If there is a time when you didn’t receive any treatment, you need to be able to explain it. Not having insurance is not a valid explanation in and of itself. You should try to find treatment and have documentation. This means free or sliding scale clinics, Missouri Health Net (Medicaid) and the Affordable Care Act (ObamaCare). Likewise if there are negative things in your records deal with them. In my experience with many of the local Springfield Missouri judges, lying about drug use when there is a positive drug screen in your file is worse than the drug screen itself. Its about your credibility.
Not following the doctor’s treatment
If your doctor tells you to stop smoking, you better have a good reason to explain why you are still smoking.
Wages after onset date of disability
If you made money working after you claim you became disabled there will be questions the judge has for you to answer.
By applying for unemployment you are declaring you are ready willing and able to work. By applying for social security disability you are declaring that you can’t work. There are obviously directly contrary to each other. You better be able to explain why you received unemployment while applying for the other.
Drugs and Alcohol
You need to be able to explain your pattern of drug / alcohol use and any periods of sobriety or relapse.
The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a disability attorney, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file your appeal or ask for a reconsideration if you live in Arkansas or Oklahoma.
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