Social Security Disability Benefits Blog » law

Social Security Subpoenaing Medical Records

Nancy Cavey — Thu, 07 Jan 2010 18:33:28 +0000

The Social Security Administration can issue a subpoena for your medical records upon written request to the administrative law judge. While this is rarely done, the administrative law judge does have the power to issue subpoenas.

At Cavey & Barrett, we feel that the administrative law judge should not have to exercise that power because we submit all relevant medical records from your treating physician to the administrative law judge when making the determination of your entitlement to Social Security benefits.

If you have any questions regarding your rights to Social Security Disability benefits, contact Social Security Disability attorney Sharon Barrett, your St. Petersburg based Social Security Disability attorney at www.caveylaw.com or give her a call at 727-894-3188.

I’m not nuts, but the Social Security Administration wants me to have a mental exam. | Port Richey Social Security Disability Lawyer

Nancy Cavey — Wed, 04 Mar 2009 19:53:20 +0000

The Social Security Administration can require a consultative examination known as a CE for short. This can be scheduled by the disability examiner at the initial claim and reconsideration stages and by an administrative law judge at the hearing stage.

Most often these consultative examinations are scheduled because your records indicate that you haven’t seen a doctor recently or because there might be a condition for which you never received treatment. I have written an article about preparing for you consultative examination.

If the disability examiner or judge notes in your medical records that you are “depressed” or “anxious,” the Social Security Administration may be obligated to send you for a mental consultative examination even if you don’t claim to be depressed or anxious on your application and never sought treatment.

Many disability claimants are surprised when they receive a letter from the Social Security Administration scheduling them for a mental consultative examination when their disability application is filed on the basis of a pure physical problem such as a heart problem, degenerative disc disease, or diabetes.

If you are scheduled for a mental consultative examination, we suggest that you call Tampa St. Petersburg Social Security Disability lawyers, Cavey & Barrett to discuss what will occur during that evaluation, how you should prepare for that evaluation and how you should present yourself.

What are the 7 Things a Social Security Disability Claims Examiner Do To Evaluate Your Claim? | New Port Richey Social Security Disability Attorney

Nancy Cavey — Sun, 01 Mar 2009 15:09:19 +0000

When your Social Security Disability Claims is sent to the Social Security Disability office it is sent to the Disability Determination Office. It is then assigned to a Social Security Disability Claims Examiner who does 7 things in evaluating your disability claim.

Those 7 things are:

1. The Disability Claims Examiner assigned to your case will send medical records request letters to your various medical providers that you listed at the time of your initial application.

2. After your medical records have been received, the Disability Claims Examiner will read and evaluate them.

3. The Disability Claims Examiner will determine whether or not you have a physical or mental condition that meets the requirements of a listing. If your medical condition does not meet a listing, the Disability Claims Examiner will determine your functional capabilities based on reading your medical records.

4. The Disability Claims Examiner will submit his assessment of your Residual Functional Capacity to a staff physician who will review the form to determine what you can still do and what you are incapable of doing from a mental and/or physical standpoint.

5. The Disability Claims Examiner will review the physician-approved Residual Functional Capacity and determine whether or not your restrictions prevent you from doing the lightest job you held in the last 15 years.

6. The Disability Claims Examiner will also determine if those restrictions and limitations make it impossible for you to do other suitable work.

7. If the Disability Claims Examiner determines that you cannot return to your lightest job and that you can’t perform other suitable work, you will be approved for Social Security Disability benefits.

When the Disability Claims Examiner determines your functional limitations and compares them to the work that you did in the past and other work that might be available based on your age, education and job skills, he performs a medical/vocational determination.

The Residual Functional Capacity determination by the Disability Claims Examiner and staff physician is rarely accurate. Sharon Barrett, a St. Petersburg/Tampa Social Secuirty Disability lawyer, has your treating physician complete the right Residual Functional Capacity form for your medical condition so that the Social Security Administration has your treating physician’s opinion about your functional capabilities.

It is crucial to the success of your Social Security disability claim that your physican be given the right residual functional capacity forms!

How Can I Improve My Chances of Winning at the Social Security Hearing? | Spring Hill Social Security Disability Lawyer

Nancy Cavey — Sun, 01 Mar 2009 15:05:14 +0000

Without a doubt, you can improve your chances of winning at the disability hearing stage by finding a qualified Social Security Disability attorney, such as Sharon Barrett, who is based in Tampa/St. Petersburg.
Sharon will assist you in obtaining your medical records, getting a Residual Functional Capacity sheet completed by your physician, and submitting this documentation to the judge who will be hearing your Social Security Disability case.

Social Security lawyer Sharon Barrett will also assist you in preparing for your Social Security Disability hearing.

What happens if I collect Social Security benefits while working? | Brandon Social Security Disability Attorney

Nancy Cavey — Sat, 28 Feb 2009 17:38:20 +0000

Well, you’re in big trouble! There can be an assessed overpayment that can run into thousands of dollars that will follow you to the grave. Social Security can recoup over-payments until you die. Alternatively, they can stop your benefits, which means you’ll have to start all over again in the disability evaluation process and prove that you are disabled. Remember that you are jeopardizing your entitlement to Medicare or Medicaid if you work while receiving Social Security Disability benefits or SSI.

Please note that at the Tampa Bay Social Security Law firm, Cavey & Barrett, we do not represent individuals who work while collecting Social Security Disability benefits.