This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning ssi or ssd - ssdi benefits. |
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In Social Security Disability cases involving Degenerative Disc Disease, claimants need to be conscious of this fact: Disability Examiners see a lot of back impairment cases...and deny most of them.
Does this mean that cases with DDD (degenerative disc disease) have little chance of success? Not necessarily. But it does mean that in a disability case where disc disease is alleged, the quality of a claimant's medical records is very important. You may ask yourself, "How does a person applying for social security disability have any control over the quality of their medical records?". Well, while it's true that what goes into medical files is determined by physicians, it's also true that patients can exercise a small degree of influence over that process. Tip 1 regarding Degenerative Disc Disease disability cases Get regular medical treatment. The importance of this cannot be overemphasized. Disability Examiners and Administrative Law Judges find it very difficult to approve cases (even in situations where the cumulative medical record is strong) in which the newest records they have to review are more than two months old. Therefore, you should try to be seen by a doctor at least once every two months. 
Tip 2 regarding Degenerative Disc Disease disability cases Try to be seen by the same physician on an ongoing basis. By doing this, you can, hopefully over time, develop a relationship with a doctor who, in turn, may be more attentive and responsive to your condition. The simple truth is, most doctors see an incredible number of patients and, as human nature would dictate, tend to be more responsive to the ones they are more familiar with. By seeing one physician more frequently, as opposed to several physicians infrequently, you may end up with better records as well as a more sympathetic doctor. And the obvious advantage to this may be realized when the time comes to ask a doctor for a statement supporting your disability case. I have personally spoken with dozens of physicians who said they were unable to complete a statement supporting a claimant's social security case---because they had not seen the claimant enough times, or any time recently. Tip 3 regarding Degenerative Disc Disease disability cases When you visit your physician, make him/her aware of your physical limitations. If, for example, as a result of your back condition, you have trouble bending, stooping, or crouching, let the doctor know. Very often, physicians will not check a patient's ability to stoop, bend, or crouch during an examination. But bending, stooping, and crouching are the three primary exertional limitations that Social Security Disability Examiners look for when they evaluate cases with degenerative disc disease. It is for this very reason that disability Examiners will call claimants and ask them questions such as, "Can you use a vacuum cleaner?", "Are you able to sit in one position for very long?", or "Are you able to bend down and pick things up?". Since your regular physician may not test you for these exertional limitations when you are seen, it is a good idea to mention this to your doctor in the hopes that he/she will record this in the treatment notes they write.
Tip 4 regarding Degenerative Disc Disease disability cases Keep your family and friends up to date on your physical limitations. As we mentioned before, Disability Examiners often call claimants to ask questions about their daily activities. But they routinely contact the relatives and friends of claimants as well. Examiners refer to these calls as ADL calls. ADL stands for activities of daily living and, technically, ADL calls are for the purpose of gathering "supporting" information on claims. In actuality, though, they are used almost exclusively to deny cases. As an Examiner, I witnessed many ADL calls during which claimants were prompted to give responses that were not helpful to their case. And as terrible as it sounds, this happens on many, if not most cases. In fact, it is for this reason, among others, that disability Examiners are not allowed to make ADL calls to claimants who are represented. In fact, claimants who have representation can never be contacted directly, but only through their representatives, unless authorization for this is given. Disability Advocates Help with Claims Free Case Evaluation |
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