The best way to proceed with your claim is to get another doctor that says you are suffering from pain. If you do not have a Social Security Disability attorney, I would advise you to do so right away. This response is for information purposes only, it does not create any attorney-client relationship.
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Jul 10, 2014 · The best way to proceed with your claim is to get another doctor that says you are suffering from pain. If you do not have a Social Security Disability attorney, I would advise you to do so right away. This response is for information purposes only, it does not create any attorney-client relationship.
Feb 28, 2022 · Contact a Disability Attorney or Advocate for Help. Because the medical evidence and doctors' opinions you provide to the SSA in support of your claim will largely determine whether you win or lose your disability claim, you may want to contact a lawyer or advocate.
Also be sure to ask your doctor to support your disability claim by writing a letter or completing a residual functional capacity (RFC) form. Consider Contacting an Attorney. Make no mistake: Social Security's consulting doctor is not on your side. That's why it usually makes sense to hire an experienced disability attorney to represent you.
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor(s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity ) …
You need to provide medical records only from the doctors who have treated you for your disabling condition. If you have multiple disabilities, you...
The exact information you need to get from your doctor(s) depends on the basis of your claim. Here are some examples.Back pain. A claimant who file...
The SSA outlines a number of conditions that, if all the criteria are met, are eligible for automatic approval. These conditions are known as “list...
An RFC (which stands for residual functional capacity) is a detailed assessment of your ability to perform certain work-related activities in light...
Because the medical evidence and doctors' opinions you provide to the SSA in support of your claim will be determinative in whether you win or lose...
When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...
Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...
It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...
The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...
Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...
The Social Security Administration (SSA) relies on doctor's records and medical evidence to determine whether you are disabled. Although the SSA will request records from the list of providers you have given them, it is your responsibility to ensure that the agency has received all ...
The SSA outlines a number of conditions that, if all the criteria are met, are eligible for automatic approval. These conditions are known as "listings." If your doctor thinks that your condition qualifies for automatic approval under a listing, the doctor should complete a listing form that explains his or her opinion and provide the appropriate medical documentation. Here is an example.
The Social Security Administration (SSA) relies on doctor's records and medical evidence to determine whether you are disabled. Although the SSA will request records from the list of providers you have given them, it is your responsibility to ensure that the agency has received all of your pertinent medical records, ...
The Social Security Administration (SSA) relies on doctor's records and medical evidence to determine whether you are disabled. Although the SSA will request records from the list of providers you have given them, it is your responsibility to ensure that the agency has received all of your pertinent medical records, and that your doctor has provided the information in a helpful way. Submitting accurate and complete information from the doctor (s) who treats you for your impairment is vital to winning your claim.
a mental RFC (from a psychiatrist) a statement from both the doctor and the psychiatrist saying drugs and alcohol are not a factor in the claimant's depression. a psychiatric evaluation that formally diagnosed the claimant with depression using the Diagnostic and Statistical Manual of Mental Disorders.
a statement from both the doctor and the psychiatrist saying drugs and alcohol are not a factor in the claimant' s depression. a psychiatric evaluation that formally diagnosed the claimant with depression using the Diagnostic and Statistical Manual of Mental Disorders.
a psychiatric evaluation that formally diagnosed the claimant with depression using the Diagnostic and Statistical Manual of Mental Disorders. statements regarding the likelihood that the medical conditions will improve, and. a detailed description of the claimant's medications and documented side effects.
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.
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).
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:
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.
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.
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).
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.
Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."
You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.
Attorney Stevens is correct - you cannot bring an action against the doctor.#N#In most "injury cases" - social security disability, workers' compensation, personal injury - you will be examined by a doctor from the "other side." Often the doctors involved have different opinions. The rules put forth by the Social Security...
No. The doctor wrote a report based on what he thought your husband could do, based on his exam. SSA rarely (almost never) provides their doctor all the records, so to some extent he was guessing. And, as your lawyer appears to have done a good job, you got around that opinion...
Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.
Malingering is the medical term for faking or exaggerating symptoms, usually in order to obtain some sort of benefit. When a disability claimant is suspected of malingering, whether by his or her physician or one of Social Security's doctors who perform consultative exams, this raises a giant "red flag" for disability examiners and judges alike. ...
Also, fibromyalgia and other conditions for which there is no definitive test are often misdiagnosed as malingering. If you suffer from one of these impairments and your doctor doesn't believe that your symptoms are genuine, find another doctor.
It may mean that your doctor doesn’t support you. On the other hand, it may mean, “All my other patients got turned down and I feel sad about it. I don’t want to get your hopes up because I have no idea how to get you approved.” If you think your doctor is just feeling discouraged, you can be the one to hold out hope for both yourself and your doctor.
Sadly, some doctors do not believe that any of their patients should be on disability, but they may not come straight out and say this. When you tell them you are applying for disability, they may start talking vaguely about “recovery” or being “focused on your treatment” or “working is good for your mental health.”.
You can let your doctor know that this is the social security definition of disability: You cannot maintain full time work and you have a condition that is expected to last at least twelve months. You can also print and bring the SSA definition of disability.
Many disability insurance policies now condition receipt of benefits on compliance with stringent care requirements. In contrast to older policies, which typically required an insured to obtain “regular care,” many newer policies require insureds to obtain care designed to achieve “maximum medical improvement.” While the older regular care requirements provided little leverage for insurance companies to require insureds to obtain specific treatments or procedures, these new requirements give them leverage to argue that an insured must undergo treatment that arguably could enable the insured to return to work. In some cases, the insurance company may go so far as to demand surgery, leaving the insured with the choice of undergoing an operation involuntarily and bearing all of the medical and financial risks himself or herself, or potentially giving up his or her right to collect benefits.
Disability insurance policies generally define “occupation” as the occupation the insured was performing at the time he or she became disabled. This can be problematic for insureds who have reduced their work hours (see Mistake #6, below), or for those who have decided to focus on an aspect of their work that they would not consider to be their occupation, such as managing their medical practice rather than practicing medicine. Oftentimes, professionals dealing with a disabling condition will seek out other avenues of income, prior to filing, such as selling real estate, or teaching. While seemingly innocuous, these types of decisions can dramatically impact a professional’s ability to collect under his or her policy, because doing so allows the insurance company to argue that the professional has modified his or her occupation prior to filing and expanded his or her list of material job duties. For example, the insurance companies now often take the position that the professional is a part-time dentist and a part time realtor or professor. Or the company might characterize the professional’s occupation as part-time, rather than full-time, or say that the professional is really a physician and a “business owner” (as opposed to a practicing medical professional).
Most professionals know that they should purchase an “own occupation” policy that provides benefits if they are no longer able to practice their profession. In the past, these policies all contained virtually the same language, so it was easy for the agent to explain the coverage. What professionals don’t realize is that there are now several iterations of “own occupation” provisions and the differences are difficult to explain. Regardless, insurers market all of these as “own occupation” policies because they know that professionals are just looking for these two magic words. Unfortunately, the new policy variations typically contain additional requirements and limitations that restrict coverage and/or make it much more difficult to collect.
What if you have done all the right things to get Social Security Disability Insurance (SSDI)? You have completed the SSDI application, you have answered on the SSA questions and you have hired a disability lawyer. Things were looking great for your case, but suddenly, without an explanation, your disability lawyer dropped your case.
If your disability lawyer has told you they are dropping you as a client they should provide you with information about the reason.
The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.