Monday, November 26, 2012

IMPROVE YOUR CHANCES WITH SOCIAL SECURITY

If you may be filing an application soon for Social Security disability benefits here are a few simple tips that may increase your odds of winning benefits:

  • Be sure your application is complete, readable and leaves out nothing.
  • Make your doctor's office aware that they will get a request for medical records.
  • If possible get your doctor to complete a medical source statement that documents your functional limitations.  (See my footnote on what a doctor cannot do).
  • Complete any additional forms you receive from Social Security or one of its agencies.
  • Attend any consultative exams requested by Social Security
  • If denied, make a written notice of appeal within 60 days.
  • Continue to get regular medical treatment.
  • Consider hiring an advocate to help with your appeal.
UNDERSTANDING YOUR DOCTOR'S ROLE IN THE DISABILITY PROCESS:

Contrary to what many think, doctors cannot tell Social Security whether you are disabled or not.  That decision is reserved for the Commissioner of Social Security alone.  What your doctor CAN do is describe how your illness, accident or symptoms restrict your day-to-day activities, including the ability to work.  Here are some examples of statements that a doctor could make to help Social Security determine whether you are disabled?

1.  Claimant can stand for ________ minutes at one time.
2. Claimant can walk for about ________ feet before needing to rest.
3.  Claimant can lift no more than _____ pounds occasionally and ____ pounds frequently.
4.  Claimant's concentration is (moderately, severely, extremely) impaired.
5.  This person would have trouble remembering and carrying out simple instructions.

Notice that these are measurable limits on the ability to function in a specific activity - not a judgment on whether or not the claimant is disabled.  There are many other statements a doctor might make which could support a disability decision.  More weight will be given to a doctor's opinion when he or she is
  • a doctor with a treating relationship with the claimant (has treated you a long time)
  • a specialist treating you for a disease or injury in his or her specialty area. (Example:  a cardiologist treating you for a heart condition).

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