how do the social security judges get your medical records from your attorney

In those situations, a claimant can gather his or her own medical records and submit them to the SSA and DDS. A claimant who is represented by an attorney does have an easier option: the claimant can have his or her attorney gather and submit the medical records on his or her behalf.

Full Answer

Can a disability attorney help me get my medical records?

Jan 13, 2014 · A medical expert will review the records in your file and then testify to the judge about your severe medical impairments and how they affect your ability to perform work-related activities. The doctor will not examine you personally, and might not even get a chance to listen to your testimony before she gives the ALJ her opinion.

Can medical records affect my Social Security disability case?

Apr 09, 2012 · The SSA does ask claimants to provide any records the claimant may already possess, but claimants do not have the primary responsibility to gather medical records. The SSA has the duty to gather a claimant’s relevant medical records both under the United States Code and SSA’s own regulations. Once a claimant has given the SSA permission to request medical …

Do administrative law judges work for the SSA?

Oct 08, 2021 · 3. Adverse effect. An adverse effect is a consequence likely to occur if granting direct access to an individual’s medical records is expected to cause: •. A disruption of the doctor-patient relationship; •. An interference with the individual's medical treatment or management; or. •. A negative effect on the individual in some other way.

Can a lawyer ask for money to get my medical records?

Jan 13, 2020 · Medical evidence takes many forms for a Social Security Disability case (SSDI or SSI). These can include imaging reports, blood panels, mental health records, or doctor examination and treatment notes. In order to get a faster determination on your disability claim, you should try to eliminate or reduce the need for the Social Security Administration (SSA) to …

How do I pass a continuing disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.Apr 22, 2020

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•Jan 22, 2020

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

What can you not say at a disability hearing?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How do you know if your SSDI hearing went well?

When you do finally receive your Notice of Decision from the ALJ, read it closely. It will say whether you have been approved for benefits or denied, along with the rationale for how that determination was made. If you are successful, you'll either receive a fully favorable or a partially favorable decision.Nov 26, 2019

How do you prove chronic pain?

Imaging and Nerve Tests If your healthcare provider suspects your chronic pain is caused by bone, muscle or nerve damage, he may have you undergo a scan or nerve testing. These include x-rays and MRIs, which can reveal underlying bone and tissue damage.Jun 7, 2020

Is chronic pain a disability?

The SSA does not consider chronic pain to be a disability, so there is no listing for it in the SSA's Blue Book. Chronic pain, even if it is severe and disabling, does not qualify unless you can prove it is caused by a verifiable condition that lasts for at least 12 months.Sep 11, 2018

What is the most approved disability?

Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

What are the top 10 disabilities?

What Are the Top 10 Disabilities?Musculoskeletal System and Connective Tissue. This group made up 29.7% of all people receiving Social Security benefits. ... Mood Disorders. ... Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries.More items...

Is anxiety a disability?

Is Anxiety Considered a Disability? Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

How Far Back Does Social Security Look at Records?

Your medical records must be recent enough to be relevant to the medical condition you’re applying about. How recent will be decided by a medical consultant based on your particular disorder. Rapidly changing conditions require more up-to-date records than those that progress slowly or remain unchanged for years.

What Do My Medical Records Show?

The SSA wants accurate records that describe your condition based on the values of acceptable medical resources. For example, a chiropractor’s notes will not be considered evidence because they are not a medical doctor.

What Medical Records Are Considered Sufficient?

Sufficient medical records are those with enough precise information from acceptable Dr. notes to let the SSA make a proper decision about the severity and nature of your medical condition. In other words, just a simple diagnosis won’t suffice. You’ll need to provide your doctors’ notes, lab tests, x-rays, etc., which prove your case.

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence.

What Medical Evidence Is Most Important to Win My Case?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).

Will My Attorney Use the Opinions of Every Doctor I've Seen?

Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to:

Does My Attorney Have to Submit All of My Medical Records?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What Will My Attorney Do With Bad Evidence?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

If Social Security agrees that your medical condition doesn't allow you to do heavy or medium work, but thinks you can do sedentary work, you'll need to provide you can't even do sedentary work (in other words, a sit down job).

What Else Do Disability Lawyers Do?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers.

What is electronic records?

Electronic Records Express is an initiative by Social Security and state Disability Determination Services (DDS) to offer electronic options for submitting health and school records related to disability claims. When you receive a request for health or school records or other information about a person who has applied for Social Security disability ...

How to contact Social Security Electronic Records Express?

Just call the Social Security Electronic Records Express Help Desk at 1-866-691-3061. This number will be staffed from 7am – 7pm EST, Monday thru Friday. After hours questions about new ERE account registration may be emailed to [email protected].

What is an exhibit file?

Before the appeal hearing, the ALJ will normally read an applicant's cumulative Social Security file, which, at the time of a hearing, is referred to as an exhibit file. The exhibit file contains your medical records, work history, and why you were originally denied for benefits.

What is a medical expert?

Medical experts (MEs) are doctors (M.D.'s or D.O.'s) or sometimes psychologists or speech-language pathologists, who provide informed testimony regarding the interpretation of a claimant's medical records.