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Published on Dec 13, 2018
Why would your Social Security disability judge deny your claim and issue an unfavorable hearing decision?
Over the past 25+ years I have reviewed a number of #unfavorablehearingdecisions - both my own cases (thankfully not too many) and some from cases tried by other lawyers. And, as I discuss in this video, certain patterns emerge that are common in denied claims.
First, #disabilityjudges are less likely to approve claims when your medical record is not consistent, or where there are gaps in your treatment. Even though the reason you are not getting regular medical care has to do with lack of money or insurance, the judge will assume that you are not going to the doctor because you really are not all that sick.
Judges also read your medical record and if your doctor is suggesting that you are exaggerating your symptoms, malingering or drug seeking, you will lose. Further, if your doctor describes a continuous improvement that will hurt your chances.
You should always request copies of your own medical records to see what your doctor is putting in your medical record so you can correct any misunderstandings.
Administrative Law Judges employed by Social Security are reviewed for their performance - both their efficiency and their accuracy. Judges do not like to see their decisions reversed and if there is any question in their mind about your truthfulness or the seriousness of your condition, you may not get the benefit of the doubt.