Social Security Disability Law: News and Facts

The frequency of your medical treatment is an important factor in your Social Security disability claim. A diagnosis is a first step, but a judge must evaluate your functional limitations due to your medical condition. And when evaluating the seriousness of your functional limitations, regular doctor visits are helpful. Looking at the cases of mine that were not granted in the past year or so, the lack of medical treatment played a role in almost every one. There a lots of reasons not to go to the doctor. There are co-pays. Sometimes there is little the doctor can do for you. Perhaps you do not want to complain to the doctor about your daily struggles. But without regular doctor visits, you may have an uphill battle for disability benefits. Also, the more the doctor sees you and is familiar with your condition, the more likely that the doctor will provide an opinion regarding your functional limitations. Those opinions are often the most persuasive medical evidence available to a perso...

Has your doctor told you stop working? Has he written in your medical records that you should not be working? Perhaps your doctor has filled out a form for Medicaid (insurance through the Department of Public Welfare) that states you’re not able to work or you are disabled. Despite what the doctor has written or even told you, it does not mean that you are automatically entitled to Social Security disability benefits and it does not mean you have an “easy” case. The truth is, although it's certainly helpful to have a doctor on board and willing to support your assertion that you are unable to work, the majority of doctors do not know Social Security's definition of disability. Instead, it is important to understand that “disability” under Social Security is a legal determination that must be made by Social Security, often by an administrative law judge (also known as an “ALJ”).  This ALJ is a Social Security Judge who will ultimately determine whether you are disabled or not. ...