Failure to Follow Prescribed Treatment-Social Security Appeal

Failure to Follow Prescribed Treatment-Social Security Appeal

As a Social Security disability attorney, I find myself faced with instances when an Administrative Law Judge (ALJ) denies my client disability benefits after a hearing, because he or she found that the claimant failed to follow a prescribed treatment.  In a recent decision I appealed to the 10th Circuit Court of Appeals, the ALJ made her credibility determination based on this erroneous legal standard. In her credibility determination, the ALJ wrote "to obtain disability benefits, claimant must follow treatment prescribed by his or her physician of the treatment would restore the

How Do I Talk to the Judge at a Social Security Hearing?

How Do I Talk to the Judge at a Social Security Hearing?

What should you say at your Social Security hearing?  When you go before an administrative law judge (ALJ) for your Social Security hearing, it helps to know how to best communicate with the judge. I always give my clients three rules to follow: