Your Medical Records and Your Social Security Disability Claim

Your medical records are reviewed at the initial application and the reconsideration stage by a medical consultants. What do they do?

They don’t render a diagnosis, but what they do is read your records and determine your restrictions and limitations and your ability to engage in work activity.

The medical consultant is trying to determine whether you have the physical or mental capacity to return to one of your former jobs or to any other type of employment.

Many times, the consulting physician is doing this because in your medical records it is not evident that your doctor has not rendered an opinion about your restrictions and limitations.

At Cavey and Barrett, we submit to your treating physicians forms called residual functional capacity forms for them to complete. We’d rather have your treating physician render an opinion about your physical abilities than a physician who has been hired by the Office of Disability Determinations to review records.

More often than not, these physician consultants will opine that you are capable of doing light or sedentary work and capable of going back to work. That only means one thing- a Social Security claims denial.

If you are applying for Social Security Disability benefits or your claim for benefits have been denied, contact Social Security Disability attorney, Sharon Barrett, who practices in the Tampa/St. Petersburg area.

You can call her at 727-894-3188. If you can’t get through to our Social Security Disability operators, please be sure to call back.

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

Will Your VA Doctor Help You with Your Social Security Disability Claim? | Brandon Social Security Disability Lawyer

The answer used to be “NO!” While you could always get your medical records from the VA and give the records to Social Security, VA doctors simply refused to fill out the Medical Source Statements that are crucial to the success of any social security disability claim.

The VA has issued VHA Directive 207-024 (September 11, 2007), “Provision of Medical Statements and Completion of Forms by  VA Health Care Providers” which authorizes and requires VA Medical staff to complete Medical Source Statements.

If the VA refuses, cite this directive. It is available at http://www.1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1593.

For more help contact us here.

The Most Important Medical Evidence that Social Security DOES NOT Get! | Tampa Bay Social Security Disability Attorney

Since medical evidence of your functionality is the key to winning your Social Security Disability Claim you would think the Social Security Administration (SSA) would ask your doctors to comment on your functionality – what you can and can’t do – your restrictions.

SSA never asks your doctors to fill out residual physical or mental functionality forms (RFC) which are the most important piece of medical evidence you should submit. Why? I am not sure why but the fact that they don’t is something you need to be aware of!

Asking your doctor to write a letter about your restrictions and limitations or filing out a RFC is important.

The problem with asking your doctor to do that is that medical legal issues surrounding your disability may not be cut and dry. The issue of your functionality is complex and if the doctor does not understand what your are asking for or, worse yet, gives the wrong information your claim can be denied.

Obtaining information from your doctor about your functionality is best left to an attorney representing you who had a complete understanding of your case and what medical evidence should be submitted. Your attorney will send your doctor the right residual functional capacity form to compete and the right questions to answer. For more information, and for more help with your claim, click here or call 727-894-3188.

What the Social Security Administration (SSA) does to Gather Your Medical Records | Tampa Bay Social Security Disability Lawyer

Medical evidence is crucial to your Social Security Disability Claim. The Social Security Administration (SSA) will contact your medical providers and get your medical records. It is very important that you keep SSA updated about the names and addresses of your medical providers.

I would suggest that you submit to SSA any relevant medical records that you have about your disability that are older than 7 years as many states limit how long your doctor must keep your medica records. For more information, and for more help with your claim, click here or call 727-894-3188.

Your Social Security Claim is Toast Without the Support of Your Doctor | Clearwater Social Security Disability Attorney

Treating doctors have some strange ideas about the Social Security system and their role in helping you with your claim for Social Security benefits.

Doctors don’t learn about their role in helping their patients with Social Security claims in medical school. Most learn because their patients or the patient’s disability lawyer will ask the doctor to write a statement in support of the disability claim.

Unfortunately, some doctors will flat out refuse to write a letter. That leaves the patient with the choice of continuing to treat with a physician who they may like and who may be the best doctor to treat their condition, but who won’t help them with their Social Security Claim or finding a new doctor who will help with the Social Security Claim.

Other doctors will write a letter that says, “My patient is disabled.” The Social Security Administration (SSA) will ignore the letter because they, not your doctor, determines disability. What SSA want is a statement that outlines your current physical and/or psychiatric limitations and your functionality. What are your restrictions on lifting, bending, stooping, standing, walking? Do you need to alternate sitting or standing? How often would you be out of work per month? Do you have good days or bad days?

Better yet, your doctor should fill out a Physical or Mental Residual Functional Capacity Form. It is a check off the box type form and very easy to complete.

Functionality and not disability is the key to winning your Social Security Disability claim.

Most doctors don’t want to take the time to do a statement or fill out the Residual Functional Capacity forms (RFC) unless you pay them. The charge can be between $50.00 and $200.00 and well worth every penny, if the form is filled out properly.

We have a power point presentation we do for doctors who are interested in learning about their role in helping their patients with their Social Security Disability claims. We explain what medical benefits you are entitled to and how that will help the doctor keep you as a  patient. What a difference it makes in a doctor’s willingness to help with our Social Security Disability cases!

Ask your doctor to prepare a short statement or complete a form about your functionality. Without the support of your doctor, your Social Security Claim is toast! For more information, and for more help with your claim, click here or call 727-894-3188.