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Dallas County Social Security disability denial attorney prescribed treatmentThere are many different types of health issues that may cause a person to be disabled. For those who suffer from serious health conditions, government benefits can be an essential resource that will allow them to cover their ongoing expenses. Social Security disability benefits can provide much-needed assistance, but to qualify for these benefits, a person will need to demonstrate that they meet Social Security’s standards for disability. One issue that can affect eligibility for benefits is whether a person has followed the prescribed medical treatment for their condition.

When Social Security May Consider a Failure to Follow Prescribed Treatment

If a person does not follow the treatment plan prescribed by a doctor, this may affect their ability to receive disability benefits. However, Social Security will only consider a failure to follow prescribed treatment in certain situations. This issue may be considered when determining whether a person’s condition is included in or is functionally equivalent to an entry in the Listing of Impairments. If a person would not meet the criteria for a listing if they had followed a doctor’s prescribed treatment, disability benefits may be denied. This issue may also be considered when determining whether a person has the residual functional capacity to perform work that is available. If Social Security determines that a person would be able to work if they had followed a doctor’s prescribed treatment, they may be denied disability benefits.

In these situations, only certain types of prescribed treatment may be considered. Social Security will look at a failure to follow prescribed treatment if all of the following conditions are met:


Dallas County Social Security Disability Attorney

People who experience serious injuries or illnesses may rely on government aid to meet their needs. Social Security disability benefits may be available to a person who has suffered from a disabling health condition that has affected them for at least one year or is expected to last for 12 months or more. To demonstrate that they qualify for disability benefits, a person will need to provide medical evidence, and in some cases, Social Security may also require them to be examined by an independent medical professional. In some cases, these professionals may come to different conclusions, and applicants should understand how Social Security will consider opinions from different sources.

How Social Security Weighs Medical Opinions

Social Security may look at reports provided by multiple different types of medical professionals. A professional must be considered an acceptable medical source, meaning that they can provide reports that are relevant to a person’s disabling health conditions. These sources may include medical or osteopathic physicians, licensed psychologists who can assess a person’s mental health issues, optometrists who can address visual impairments, podiatrists who can assess disorders affecting the feet or ankles, speech-language pathologists who can address language disorders and related impairments, audiologists who can assess hearing loss, physician assistants who can assess impairments within their licensed scope of practice, and licensed advance practices registered nurses (including nurse practitioners, certified nurse midwives, and clinical nurse specialists).


Dallas County ssdi attorney

While there are multiple types of health conditions that can affect a person, issues affecting the skin may seem to be relatively minor. Rashes, bumps, or irritated skin can be troublesome, but these issues do not significantly affect most people. However, there are some cases where skin disorders are severe enough that they affect a person’s ability to work and their overall health and well-being. In these cases, a person may be able to qualify for Social Security disability benefits.

Social Security Listings for Skin Disorders

As with other types of disabilities, a skin condition must be severe enough to limit a person’s ability to maintain substantial gainful activity before they will be able to receive disability benefits through Social Security. The Listing of Impairments, which details conditions that are severe enough to be considered disabilities, includes a section for skin disorders, and it notes that a person’s condition is evaluated based on the frequency and severity of the skin lesions a person experiences, while also considering factors such as how a person reacts when exposed to toxins or allergens, whether there is any seasonal variation in their condition, and whether they need to remain in a protected environment.


Dallas County Social Security RFC attorneyWhen applying for Social Security disability benefits, a person will need to provide multiple forms of medical evidence. To determine whether a person is disabled and qualifies for benefits, Social Security will evaluate their residual functional capacity (RFC). Understanding what is meant by this term and how it is determined will ensure that a person can demonstrate that they are disabled and need SSD benefits to help them meet their needs.

Determining Residual Functional Capacity

A person’s residual functional capacity refers to the maximum amount of work they are able to do with the physical or mental limitations they are experiencing. To determine RFC, Social Security will look at a person’s medical records, including those provided by a person’s own doctor as well as reports from medical examinations from independent doctors. Social Security may also consider a person’s own explanation of their limitations and how their conditions have affected them, as well as statements from family members, friends, or others who may be able to provide insight into the case.

An RFC determination will address a person’s abilities in the following areas:


Dallas County Social Security Disability attorneyFor those who suffer from physical or mental conditions that affect their ability to work, Social Security disability benefits can provide much-needed assistance. Unfortunately, a significant percentage of disability claims are denied. However, a denial does not mean that it will not be possible to receive SSD benefits. An applicant can appeal the decision to deny a claim and provide additional medical evidence or other information showing that they qualify for disability benefits. During these types of cases, an applicant can work with an attorney to ensure they meet all of their requirements, and they will want to understand the process that will be followed during their appeal.

Steps in a Social Security Disability Appeal

When appealing the denial of a SSD claim, a person will generally proceed through the following steps:

  1. Reconsideration - Within 60 days after the denial of a disability claim, a person can file a Request for Reconsideration. During a reconsideration, Social Security may perform a case review in which a person will look at the information provided in the initial application and any supplemental information provided by the applicant. In some cases, an applicant may request an informal or formal conference where they can speak to the person reviewing the case and witnesses can be questioned. The person reviewing the case will issue a decision on whether to grant or deny disability benefits.

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