Thursday, November 8, 2012

YOUR DOCTOR'S ROLE IN DISABILITY CLAIMS

Providing medical records promptly is the minimum your doctor can do to assist with processing a Social Security disability claim.  Your doctor cannot "sign you up" for disability or "get you approved."  But he or she can provide the medical data required for Social Security to make a decision.  If your doctor is willing to go a step further and complete a "Medical Source Statement," it will usually help your case.  There are two forms used by Social Security - Form HA-1151 for physical impairments and Form HA-1152 for mental impairments.

I find many doctors reluctant to "get involved" in a Social Security disability claim.  In trying to figure out why, I get the idea that it falls into one of two unrealistic attitudes that doctors have:

Attitude # 1:  Doctors don't want to invest the time in filling out forms.  They have enough paperwork as it is and they don't want more.  Also, they may be afraid of having to testify or fill out more paperwork later.  It's easier just to say no.

Attitude # 2:  Doctors sometimes believe that by completing a Medical Source Statement they are telling Social Security whether your claim should be approved or denied and they don't like that responsibility.  By filling out the form, some doctors believe they are "putting their approval" on your allegations of disability.  This is not true at all.  Under federal law, decisions about whether or not an individual is disabled are "reserved to the Commissioner of Social Security."  The doctor is doing nothing more than providing objective medical opinion - based on his or her examinations, evaluations and treatment. Decision makers will review your doctor's forms along with the entire medical record.  How much weight they give to your doctor's opinion depends on whether it is consistent with the entire medical record.

Disability claims are nearly always easier when the claimant has a long term treating relationship with a doctor who has followed the patient for a significant period of time and knows his/her medical history. 

If your doctor has an"absolutely no disability forms" policy - you may want to change doctors.  Right next to that sign that reads, "Copays due before service is rendered," that doctor may as well hang another sign in his waiting room that says:  MY PATIENTS MAY NOT BE ABLE TO GET SOCIAL SECURITY IF THEY BECOME DISABLED - BECAUSE I WILL NOT FILL OUT ANY FORMS.

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