Legal Question in Social Security Law in Florida
social security disability
Approximately three years ago my fiance fell 37 feet from a scissors lift on the job sight. He has applied for social security disability and was denied. However, he has a hearing coming up in several days. We contacted a lawyer and was turned down because there was not enough money in it for them. He also does not have any medical insurance so he has not seen a doctor in a year. We were told that because he has not seen a doctor he will probably not get SSDI. Would that be a determing factor for his case?
1 Answer from Attorneys
Re: social security disability
Yes, Judges that hear Social Security Disability cases look at the frequency of treatment when determining the severity of the medical/mental problems. Some judges believe that if a medical issue is severe then the person will be more likely to seek treatment (any treatment) even through a local/state provider like a health department.
However, the lack of recent treatment will not completely bar a person from not winning. The rules do allow some consideration for the fact that finances can limit the ability to treat.
I would advise the person to contact another attorney. In addition, the person should contact the judge's office for the Social Security Administration to send him to a doctor either before or after the hearing.
If you or someone else has any other questions, please feel free to contact me, Danialle Riggins at [email protected]
Good Luck!!
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