What Happens If Social Security Accuses Me of Lying?

 Posted on June 16, 2017 in Denied Social Security Benefits

Social Security often plays cat-and-mouse games with disability applicants. Administrative law judges (ALJs) are trained to look for any sign of inconsistency in an applicant's testimony to justify denying benefits. This is especially common in cases where the applicant suffers from fibromyalgia or another chronic pain condition. Oftentimes, the ALJ will claim the applicant is “exaggerating” his or her pain or imply that a condition is not really as bad as it sounds.

Social Security Judge Misstates Factual Record

In addition, sometimes, the ALJ simply accuses the applicant of lying. This is a serious allegation, and no Social Security official should ever make such a declaration without proper supporting evidence. Still, this is exactly what happened in one recent Illinois disability case.

The applicant in this case is a woman in her 20s. She has experienced medical problems since she was 14. After considering and rejecting a number of explanations, her physicians eventually settled on a “working diagnosis of fibromyalgia.”

The crux of the applicant's disability claim is that she experiences irregular “flares” that leave her bedridden and in substantial pain. She also testified that she has used a walker or wheelchair “for many years” to get around. As a result of these impairments, she is unable to work.

The ALJ who heard this case was not sympathetic. To the contrary, the ALJ claimed the applicant “only obtained” a wheelchair “on the eve of the hearing.” For this and other reasons, the ALJ declared the applicant lacked “credibility” and denied her disability claim.

Yet a federal magistrate reviewed the case and said it was the ALJ, not the applicant, who was making inaccurate statements. The ALJ claimed that the “first time a doctor noted” the use of a wheelchair in the applicant's medical records was in June 2014, just before the disability hearing. But in fact, there was at least one prior record, dated March 2013, where another doctor said the applicant “has been in a wheelchair since 2004.” This “error” alone justified granting the applicant a new hearing.

The magistrate further noted that the applicant provided “three letters from her health care providers” confirming they witnessed her using a wheelchair. This evidence was not available to the ALJ during the initial hearing. However, the magistrate said the letters should be considered at the new hearing. The magistrate also pointed out that none of these doctors shared the ALJ's view that the applicant was “malingering” or lying about her medical condition or the need for assistive devices.

Do Not Let Social Security Attack Your Credibility

Disability applicants already face a long, uphill battle when dealing with Social Security. They should not also have to deal with government officials making false accusations against their character and credibility. An experienced Chicago Social Security disability insurance attorney can help make sure you are treated fairly and with respect. Contact Pearson Disability Law, LLC, if you have a pending or potential Social Security claim and need to speak with an attorney right away.

Source:

https://scholar.google.com/scholar_case?case=4542204792444452343