Disability Cases
Will Social Security Understand What My Medical Records Have to Say?
Social Security disability examiners, in the course of their initial training, receive rudimentary medical training; consequently, they understand medical terminology. They are also trained with regard to the rules for the Social Security disability program.
As a former disability examiner for the Social Security Administration, I know that what an individual's medical records have to say about their condition is really up to interpretation. Now you may be wondering, how can it be up to interpretation when the medical records have my physician’s notes, as well as all the tests and medications I take.
Well, I mean just that. A Social Security disability examiner is trained to look at medical records in conjunction with the disability criteria that Congress has set forth in the Social Security disability handbook. Often, the individual’s opinion or their treating physician's opinion (as to whether they have the ability to sustain employment) differs substantially from that of the disability examiner, the social security doctor, and their processing unit supervisor.
In short, the interpretation of records is really a subjective activity. And this is why many treating physicians feel their patients are totally disabled and unable to work...while, often, the social security administration develops a different opinion.
Whether or not a claimant is disabled according to the rules and regulations of Social Security disability is a decisional matter that is dependent on the records. But records themselves, especially in cases where treating physicians fail to document their patient's functional limitations, are very much open to interpretation.
Why is this? A good rule of thumb is this. The less documentation you have, the harder it will be to win your disability case. And, likewise, if you have a documented medical history, but your records have very little to say about how your condition actually affects and limits your ability to work, it will be harder to prove and win your case.
Unfortunately, very few doctors do a good job of citing their patient's physical and mental functional limitations. And it is for this exact reason that so many disability representatives make a strong attempt at obtaining a detailed, supporting statement from a claimant's doctors. Because they can literally, and quite easily, make the entire difference between winning a disability case, or losing a disability case.
The major points to take way from this:
1. The decision on your disability claim will be based on your medical records.
2. Your medical records, however, may be more open to subjective interpretation if----
a) there are few of them to begin with.
b) your physician makes very little notation in the records as to how your condition affects and limits you.
What should you do if you are filing for disability. In the context of this conversation, it would not be a bad idea to do the following:
1. Make sure you keep going to the doctor, regardless of whether or not your condition is physical or mental. Going to the doctor simply results in additional documentation and a longer history of treatment. The last thing you want is a lack of recent treatment or large gaps in your medical treatment history.
2. Consider reviewing your medical records to determine what they already say about you. You might be surprised to learn how much they really don't say.
3. If you have a disability attorney for your reconsideration appeal or disability hearing appeal, try to assist them with gathering your medical record updates. Also, if the attorney is attempting to get statements on your behalf from your doctors, you may be able to assist in this process as well. At the very least, however, make sure that you report all treatment, all treatment sources (doctors, hospitals, and clinics), and, recent treatment to your representative.
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Social Security Disability Requirements
As a former disability examiner for the Social Security Administration, I know that what an individual's medical records have to say about their condition is really up to interpretation. Now you may be wondering, how can it be up to interpretation when the medical records have my physician’s notes, as well as all the tests and medications I take.
Well, I mean just that. A Social Security disability examiner is trained to look at medical records in conjunction with the disability criteria that Congress has set forth in the Social Security disability handbook. Often, the individual’s opinion or their treating physician's opinion (as to whether they have the ability to sustain employment) differs substantially from that of the disability examiner, the social security doctor, and their processing unit supervisor.
In short, the interpretation of records is really a subjective activity. And this is why many treating physicians feel their patients are totally disabled and unable to work...while, often, the social security administration develops a different opinion.
Whether or not a claimant is disabled according to the rules and regulations of Social Security disability is a decisional matter that is dependent on the records. But records themselves, especially in cases where treating physicians fail to document their patient's functional limitations, are very much open to interpretation.
Why is this? A good rule of thumb is this. The less documentation you have, the harder it will be to win your disability case. And, likewise, if you have a documented medical history, but your records have very little to say about how your condition actually affects and limits your ability to work, it will be harder to prove and win your case.
Unfortunately, very few doctors do a good job of citing their patient's physical and mental functional limitations. And it is for this exact reason that so many disability representatives make a strong attempt at obtaining a detailed, supporting statement from a claimant's doctors. Because they can literally, and quite easily, make the entire difference between winning a disability case, or losing a disability case.
The major points to take way from this:
1. The decision on your disability claim will be based on your medical records.
2. Your medical records, however, may be more open to subjective interpretation if----
a) there are few of them to begin with.
b) your physician makes very little notation in the records as to how your condition affects and limits you.
What should you do if you are filing for disability. In the context of this conversation, it would not be a bad idea to do the following:
1. Make sure you keep going to the doctor, regardless of whether or not your condition is physical or mental. Going to the doctor simply results in additional documentation and a longer history of treatment. The last thing you want is a lack of recent treatment or large gaps in your medical treatment history.
2. Consider reviewing your medical records to determine what they already say about you. You might be surprised to learn how much they really don't say.
3. If you have a disability attorney for your reconsideration appeal or disability hearing appeal, try to assist them with gathering your medical record updates. Also, if the attorney is attempting to get statements on your behalf from your doctors, you may be able to assist in this process as well. At the very least, however, make sure that you report all treatment, all treatment sources (doctors, hospitals, and clinics), and, recent treatment to your representative.
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posted by Dnews at
1:51 PM
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