why did my attorney have me go to her dr for my disability

If you have an attorney, this is something your attorney can provide to the doctor. Your goal is to secure your doctor’s promise to complete a form that documents her opinion of your ability to perform work-related activity. Leave it to your social security disability attorney as to what that form will be.

Full Answer

Can a disability attorney help me get my medical records?

Most disability attorneys and non-attorney reps will help you get your medical records. Oftentimes, claimants don't even know what medical information is necessary to win a claim, and it is this type of legal expertise that a legal representative can and should offer clients fighting for Social Security Disability (SSD) or SSI.

Why would a lawyer refuse to take a disability case?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty

What happens when I first call a disability attorney?

What Happens When I First Call a Disability Attorney? When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case.

Why should I hire an experienced disability attorney?

Experienced disability attorneys and advocates have practice dealing with doctors and explaining the disability process and expectations. This can make it easier to get the information you need from your doctor to help win your case.

What does it mean when SSDI sends you to a doctor?

If social security sends you a letter asking you to see a doctor at their expense, it means that the disability examiner thinks there is not enough medical evidence on the disabilities that you are alleging. Most of the time, this is because you are not getting medical treatment on your own.

Does disability contact your doctor?

Morton III, M.D. If you believe you might qualify for Social Security disability benefits, you need your doctor to support your claim for disability. You'll need your doctor to send your medical records to Social Security as well as a statement about any limitations you have that prevent you from doing work tasks.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What does it mean when SSDI says a medical decision has been made and we are working to process your benefit application?

Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What is the most approved disability?

1. Arthritis. 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.

How do I get successful disability benefits?

The number of work credits you need to qualify for disability benefits depends on your age when your disability begins. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year your disability begins. However, younger workers may qualify with fewer credits.

What questions do they ask in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview...When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

How long after I receive my award letter will I get my money?

Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What does it mean final review to make sure that you still meet the non medical requirements for disability benefits?

Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.

Why Won’T My Doctor Help Me?

There are many reasons why doctors won’t help claimants by filling out RFC forms. Here are some examples of common reasons doctors won’t help their...

What Can I Do If My Doctor Won’T Help?

The solution to an unhelpful doctor depends on the reason he or she won’t help you.Unclear expectations. If you doctor doesn’t fully understand wha...

The Perils of Doctor Shopping

If your doctor will not help you by filling out your disability forms, you may need to see another doctor. However, beware of “doctor shopping.” If...

Contact An Attorney For Help

Convincing an uncooperative doctor to help you with your disability forms can be difficult. But it is best to have the opinion of a doctor who has...

What Happens When I First Call A Disability Attorney?

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...

How Will My Attorney Develop My Medical Evidence?

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...

How Will My Attorney Help Me Get Ready For My Hearing?

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...

Will My Attorney Arrange Witnesses For Me?

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...

How Will My Attorney Argue My Case?

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...

What is a disability doctor?

What is usually meant by "Social Security disability doctor" is a doctor who is hired to do a consultative exam (either a physical exam or psychiatric exam) for Social Security.

Why do disability claims examiners send claimants to consultative medical exams?

The most common reason is that they don't think you are disabled but they need recent medical evidence (not older than 30 or 60 days) in order to deny you disability benefits.

Can a straight leg test be denied?

For instance, if a straight-leg test comes back negative and a positive test is required for a disability listing, you can be denied. In short, when you go to a consultative exam for Social Security, know that the doctor is not on your side and may be trying to collect information to deny your claim. You may be observed by a biased doctor ...

Can you be observed by a biased doctor?

You may be observed by a biased doctor from the moment you enter the examining doctor's parking lot until the time you drive away. And don't be shy about addressing your pain and/or mobility issues. Written by: Tim Moore, former Social Security claims examiner. Talk to a Disability Lawyer.

Do doctors make notations on SSDI?

Statements such as these indicate that doctors who examine claimants for SSDI and SSI disability cases will sometimes go out of their way to make notations in their examination reports that are not helpful to a claimant's case, and they may not accurately reflect the patient's pain.

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What to ask your doctor for in a disability appeal?

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. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What to do if your records contain statements about drug abuse?

If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.

What is a good disability lawyer?

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. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What is the most important evidence you need to substantiate your claim for disability benefits?

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) statement.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Does Social Security give doctor opinions?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

Why do disability attorneys decline to take cases?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty.

Who will assess a disability case?

Disability lawyers and their assistant s who screen cases for them will assess a case before they agree to represent a disability applicant, and if they notice weaknesses in a case, they might reject it.

What happens if a claimant has not had access to health insurance?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

What to do if an attorney doesn't think you have a case?

If an attorney or firm doesn't think you have a case, or declines to take your case for other reasons, it is important that you ask the attorney or firm to explain why they won't represent you. This will allow you to address any issues so that you can strengthen your case, either to convince the attorney or firm to take your case or have a stronger case for the next legal representative you interview. To contact other disability attorneys and firms in your area, you can use our disability attorney locator tool.

What is disrespectful behavior in disability?

Disrespectful Behavior. The disability process is stressful and attorneys and their staff members well understand this. However, attorneys will not tolerate abusive or disrespectful language directed at themselves or their staff no matter how good the case.

Why do people who have been represented in the past have difficulty finding a new attorney?

It is also because clients who have had issues with a previous firm or advocate are more likely to have the same issues even with a new attorney.

Can an attorney stop representing you?

Therefore, if you have behaved inappropriately towards an attorney or firm staff member, you should apologize directly to the attorney or staff member and provide a written letter of apology. Remember, though, that an attorney can cease to represent you if there is a relapse in your behavior.

Can you be denied a Social Security medical exam?

Make sure you make it to your appointment; not going to a social security medical exam can result in a case denial for failure to cooperate. Medical records are the best evidence of your disability.

Can a doctor read past medical records?

The doctor is usually provided with your past medical records but may not take the time to read over your medical history. The exams are usually very short. If you are asked to see the “Social Security doctors”, don’t stress out about it. This is just part of processing your claim.

Does the DDS examiner have to meet you face to face?

It’s important to remember that the DDS examiner, who is making the determination of your disability, has never met you face to face. The only information that the examiner has to help him/her make a decision is your application and your medical records.

Why is it important for an attorney to send clients to a doctor?

This is important because insurance companies evaluate medical records when they evaluate claims. Doctors who are familiar with personal injury can often increase the value of a claim because they make sure to include all necessary documentation to solidify their findings.

Why do doctors treat patients without paying upfront?

In personal injury, it is common practice for doctors to treat patients without an upfront payment because the doctors understand that many people cannot afford the treatment they need because they have not received compensation yet.

Why can't I afford follow up care?

Many clients cannot afford to do follow up care because they may not have health insurance or they may not be able to afford self-pay care. Many times clients are not sure what their next steps are. The next thing I often hear is, “Well why can’t the hospital refer them to a doctor?”.

What happens if a client is injured?

If the client was truly injured they would find their own doctor.”. This is not always true. Many times, clients come to an attorney after an accident where they may have gone to an emergency room. After a client seeks initial treatment, they often do not know what to do next or, if they do know, they are often left with few options.

What happens if you get in a car accident?

A car accident can leave you with severe injuries that require extensive medical care and a lengthy healing process. You may find

Can a hospital refer you to another doctor?

The answer to this question is that the hospital will likely refer them to another doctor, but the problem is often that the doctor they are referring them to will ask for payment up front and/or the doctor is often unfamiliar with personal injury claims. Attorneys who deal with personal injury are familiar with doctors who will agree ...

Can a doctor prescribe pain medication?

The doctor at the hospital may prescribe them pain medication and send them on their way. The client may not know they have options and unfortunately, many times the client will never follow up and they will end up just dealing with pain and discomfort. In this situation an attorney may be able to send the client to an orthopedic surgeon to fix ...

Who can help you get your medical records?

Most disability attorneys and non-attorney reps will help you get your medical records. Oftentimes, claimants don’t even know what medical information is necessary to win a claim, and it is this type of legal expertise that a legal representative can and should offer clients fighting for Social Security Disability (SSD) or SSI.

What is the adjudicator in disability?

Remember that disability claims are won and lost based on information in your medical records, so it�s important to provide the adjudicator (decision-maker) with everything needed to prove that your medical condition places physical or mental limitations on your ability to work that are severe enough to prevent you from participating in substantial gainful activity.

When will medical records be reimbursed?

There are some representatives, attorneys, and law firms who will assume the cost of obtaining medical records and agree to wait to be reimbursed until after the trial.

Do you have to pay for medical records before hiring a legal representative?

However, before hiring a legal representative, be sure to ask what the policy is concerning medical records . Some representatives require their clients to pay the cost of obtaining the records up front, and this can be hard for disability applicants, who typically have an income that has already been significantly reduced, ...

Why can't my disability lawyer argue my case?

There are legitimate reason they may not be able to argue your case: you have started working too much and they know you will be denied, you have not been responsive to their request for information or they have lost contact with you. Your lawyer may also have determined they have taken on too many cases and they do not believe they can effectively work your case.

How long does it take to get a disability hearing?

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.