Your medical records are very important to your Social Security Disability success
Social Security Judges require that your impairments be documented with medical evidence. The strength of a disability claim often depends on the nature and quantity of the medical treatment received. The more impairments you claim for and treat for the better your chances of winning your Social Security Disability case.
Medical evidence from the doctors who are currently treating you can be persuasive to Social Security because your doctors tend to know your medical history in more detail than other sources (such as a Social Security doctor who sees you one time). Treating doctors can provide an opinion about your condition that may be more convincing than your medical records alone.
In my experience the number one reason why judges deny cases has to do with lack of compelling evidence. This could take the form of gaps in treatment – when four, six or more months elapse between doctor visits. Lack of medical treatment could also mean that the judge expects to see treatment from a specialist, but all he sees are medication management notes from your family doctor.
Obviously, if you don’t have good insurance, or if you have no money it seems unfair to expect multiple monthly visits from a Neurosurgeon at Mayo Clinic or a Cardiologist from the Cleveland Clinic, but if all the judge sees are notes from a family doctor you are probably going to lose. Often times family doctors like to provide all the medical treatment. I have even seen a family doctor try to treat a persons Cancer, that is ludicrous and malpractice. Goto your Family Doctor for common colds and infections, not for a major medical problem.
Another common basis from the Social Security Judge is because the medical records say nothing about limitations on your capacity to function. Many doctors do not have a lot of time to spend in the room with the patient. In a best case scenario we can obtain a functional capacity evaluation completed by a long time treating specialist who identifies specific work activity and reliability limitations. But even if the doctor won’t fill out one of these forms, the record needs to talk about problems you have sitting, standing, walking, bending, kneeling, lifting weight, carrying, focusing and concentrating.
If your doctors’ records indicate that you are responding well to treatment, that your activities have increased, that your pain has decreased and that you are improving, that is inconsistent with testimony that you are in so much pain that you cannot work.
Often times people fail to go along with their doctors treatment plan. Failing to follow prescribed medical treatment can include: not taking prescribed medication; not attending therapy sessions; or, not having required or recommended surgery.
The physicians who perform the "independent" disability exams for Social Security rarely write reports favorable to claimants. Many doctors will tell the Claimant they are disabled, but then the report does not match the statement. Oftentimes the consulting doctor specializes in an area of medicine completely unrelated to your alleged impairment, and performs a perfunctory exam that lasts fifteen minutes or less.
If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.
Comments
Post a Comment