Read Our Reviews

Call Now! 855-780-4357

Can You Lie to Get Social Security Disability Benefits?

Q:  Can you lie to get Social Security Disability benefits?

A:  This question gets to the heart of the misunderstanding about the Social Security Disability program.  Anyone can lie about anything to anyone.  The real question, then, is whether lying can actually secure Social Security Disability benefits.  The short answer:  No.

The public at large is generally unaware about the level of medical evidence necessary to prove disability under the Social Security regulations.  Just having a physical or mental diagnosis is insufficient.  Your limitations must preclude your ability to work under the law.  The law does not allow mere “claims” of disability to prove limitations.  Medical testing and examinations over time must establish significant impairments.

Lying to an MRI won’t impact the results.  Lying to a physician will not change objective examination findings.  Lying to a psychiatrist will likely land you back in the waiting room.  You can try to fake a limp or fabricate headaches, but medical doctors are scientists.  The lack of objective detail will ultimately do you in.

So just how difficult is it to “talk” your way into benefits?  Let’s consider a real life example of a client of mine today who wasn’t lying about anxiety, but nonetheless will be denied benefits.  I had a Social Security hearing today in which my client had significant anxiety.  The lower State Agency level ignored the regulations in failing to get a treating source opinion (nothing new).  A government-paid “medical expert” at my client’s hearing droned on and on to use time, yet misread the file, inferred chemical dependency without a diagnosis, ignored hard evidence of disability from a psychiatrist, and missed another psychological diagnosis altogether.  The point?  Even people telling the truth with sufficient evidence (in this case, anxiety that left her virtually homebound) have a difficult time meeting Social Security’s regulatory standards.

What should you take from this blog?  Those who are approved for Social Security Disability benefits have medical professionals who have diagnosed, examined, and treated them over time.  Offer to open the door for them, not throw them under the bus.  You or a loved one could need these benefits next.

Andrew Kinney, Esq.

 

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Treating Source Statements

Opinion evidence can have a big impact in Social Security Disability cases, especially when it comes from a treating source. But sometimes a treating doctor, counselor or therapist will decline to provide an opinion if he or she is in the best, but not ideal, position to do so. For example, maybe the disability claimant can only afford to treat with their primary care doctor, who declines to provide an opinion because he or she is not a specialist. If Social Security has not sent the claimant to a consultative exam, there will be no opinion evidence in which a doctor identifies specific functional limitations caused by the claimant’s impairments (except for the doctor working for the state agency making the determinations at the initial and reconsideration levels). The treating provider may not fully understand how opinion evidence is considered in Social Security Disability claims, or may not want to take the time because a response is not mandatory. In these situations, a friendly letter explaining the role of opinion evidence and requesting that the doctor provide whatever he or she is comfortable with, even in the form of short narrative (preferably with the records used to form the opinion attached), can get results.

Consider contacting an experienced social security disability attorney for help with this and other issues.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Keeping a Seizure History or Diary

If you are filing a claim for Social Security Disability benefits based on a Seizure Disorder, the main question that arises when analyzing the claim is the frequency of seizures occurring. Some claimants will go to the Emergency Room for certain seizures, but not for every seizure that occurs. Therefore, medical records do not always tell the complete story. One thing that you can do for yourself that may have a positive impact on your claim is by keeping a seizure diary. Make sure to document the dates and times that you experienced a seizure, if the seizure was witnessed by another person, if you lost consciousness, how long the seizure lasted for, and how you felt after experiencing the seizure. Also, be sure to note how long it took for you to “recover” from the seizure (such as having to lie down and sleep for two hours). The more thorough your entries are, the more helpful your seizure diary can be. Seizure diaries, in addition to your medical records, can help clarify how often you are experiencing seizures, how often the seizures last for, and how you have felt after you experience a seizure. This can be helpful information not only for yourself, but your attorney, and ultimately an Administrative Law Judge that is deciding your case.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

What Should my Doctor Know About my Social Security Disability Case?

There are certain things that your doctor(s) can do to help possibly facilitate a better outcome in your Social Security disability case. Here are a few suggestions as to what you need to do make sure your doctor knows how to better assist you with your claim. Social Security is looking for certain information within your medical records and on the forms or statements that your doctor fills out on your behalf.
In Social Security’s eyes, your doctor needs to document your functional limitations in your medical records. These records will be the most important evidence in your case. Having it writing as to what you can and cannot do is very important. So your part is to be honest as to what has changed with your disabilities and how it affects your daily life, even if it seems to you to be no big deal. The little changes can add up. Social Security is looking for your doctor’s assessment of how you can do basic tasks. If your doctor is a specialist in his or her field and is willing to fill out a Residual Functional Capacity form (RFC) that might add weight to your medical records.
Your doctor(s) may also write a medical statement letter on your behalf discussing your disabilities. You can have more than one doctor write a medical statement for you. If your doctors are reluctant to assist you in your claim, find out why and try to address their concerns. There might be a good reason why you doctor(s) might not be willing to write something on your behalf.
You have a part in how Social Security looks at your claim as well. You need to be compliant with what your doctor suggests you to do in the treatment of your disabilities. If you are non-compliant or just do not seek medical help for your impairments then, Social Security might believe that you are not credible and your claim could be in jeopardy. So following the doctor’s orders is better for your claim in the long run.
So, both you and your doctors have things that you can do to give your claim the best chance of a positive outcome. Your doctor(s) can fill out the Residual Functional Capacity RFC form or write a medical statement letter. Most important, is your doctors need to be thorough when documenting your disabilities and how they have changed your daily living abilities, and what you might no longer be able to do in your medical records. You can best assist your claim by following the doctor’s orders and/or seeking ongoing medical treatment for your disabilities if you are not treating.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

How Does my Social Security Attorney Prepare me for my Hearing?

So, you have a hearing in the near future for Social Security Benefits and you wonder, what your attorney will do to prepare you for this big event. We at Hoglund Law office, understand the importance of having an attorney at your hearing and making sure you make the most of the event that you have been waiting so long for. I can’t promise that attorneys outside of our office will do the same, I wish they did so all clients had the best representation, but I will explain how our attorneys prepare our clients.

In the months leading up to the hearing, our staff conduct periodic updates of your medical treatment so we can gather all the relevant medical information to have for the judge. We have a team of paralegals and attorneys working on every case, so no one attorney’s case load becomes overwhelming or unmanageable. This system of representation also allows us to make sure there is always a prepared attorney at your hearing. A hearing attorney will be assigned to your case in the months leading up to the hearing as well.

In the final weeks and days before your hearing, your hearing attorney will review all the medical records gathered about your case. We will look for the best possible case for you. After the attorney has reviewed your information thoroughly, the attorney will call you to prepare you for your hearing. This usually happens in the last few days before the hearing. This phone call serves as a reminder of your hearing and an opportunity for you to ask questions about the hearing. The attorney will explain where the hearing is, how to get there if you don’t know, who the judge is and what to expect the day of the hearing. We remind our clients to be to the hearing location one hour before the hearing we can meet in person and discuss the case more thoroughly. The attorney will also have questions for you about your medical information and your case history that are important for your case. The attorney will also explain who will be at the hearing besides the judge and what to expect from those witnesses. There will be a hearing monitor, a vocational expert, and in some cases a medical expert.

They day of the hearing, the attorney will meet you at the hearing location. The attorney will go cover what kinds of questions the judge is likely to ask and what is important and not important to the case. The attorney will ask you if there is any information you brought that you want to share and will remind you of hearing office policies. If at any time you have question about your case or what to do in the hearing, you should ask.

It is important to remember that the hearing in front of the Administrative Law Judge is your chance for Social Security to meet you and evaluate your case in person. You want to be prepared and calm. The attorney will do the same. If you have a hearing coming up that you have questions about, please call our office at 855-513-4357 or do a free evaluation of your case. We want to help you with your upcoming hearing for Social Security Benefits.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Who is Responsible for Obtaining Evidence for Your Hearing?

Have you ever wondered what you are going to use to prove that you are disabled?

Evidence for your disability claim is gathered at each level of your claim. The party that is responsible to collect your evidence changes as you claim moves through the Social Security Disability process.

The evidence that you use for your disability claim mostly comes from the doctors that you see for your disability by way of your medical records. Sometimes if you have a favorable doctor, an assessment form can be sent to him or her to fill out on your behalf. There are assessment forms for either mental or physical disabilities. It should be known, that some medical facilities do not allow their doctors to fill out forms. If your facility is one of these don’t worry, your disability attorney will use your medical records to prove your disability. Even with a form, your attorney needs to back up that form with medical documentation (i.e. Medical records). So see the medical records are the key to proving your disability.

As was mentioned earlier, each time your claim is denied whether it be at the initial or reconsideration levels, your evidence should be updated with any new evidence that became available since the last denial. For the initial and reconsideration levels, the Social Security Administration is the responsible party that should be retrieving any medical documentation that you have made them aware of since the last denial. If you have an attorney, keeping them up to date on the medical facilities you are going to along with proper addresses and phone numbers for them, will make getting the information to Social Security much more efficient. Social Security will send out the request for information based on what you and/or your attorney gives them but, might not follow up if information is not correct.

So it is in your best interest to have proper addresses and phone numbers for the places that you get treatment for your disabilities. I always suggest that the client gets a business card from the places that they treat and to put the first treatment date on the card as well. This will give them a timeline to use throughout the Social Security process. When you reach the hearing level if you have an attorney, it becomes that attorney’s responsibility to get all new medical documentation for your claim. It is still your responsibility to keep your attorney up to date with where you are treating for your disability. If you do not have an attorney, then the gathering of medical evidence fall on you when you reach the hearing level of your claim.

So as you can see, your medical records are your main source of evidence for your Social Security Disability claim. Also that at the initial and reconsideration levels, Social Security is responsible to gather your medical evidence for you. But, once you get to the hearing level, either you or your attorney if you have one takes over the retrieval of your medical evidence. This is your claim and you are the person affected when things do not go as planned. So be an active part in your claim, by updating the treating sources as necessary with proper addresses and phone numbers so, that your medical documents can be easily gathered for review by either Social Security or your attorney. This will give you the best chance at a positive outcome to your claim.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Importance of Tracking All Relevant Medical Information

This blog post is in reference to another conversation that I had with a colleague after a hearing.  Prior to the hearing his paralegals had updated with a client what they thought was the “all inclusive” relevant medical information.  The phone call had lasted for roughly 45 minutes, and the client had assured the paralegals that they had given the attorney’s office the names of all of their clinics, hospitals, and other medical facilities that they had treated at.  The amount of sources seemed light, but the client assured her that those were the only places he had visited.

The day before the hearing the client and their attorney started talking about the treating sources and everything that was updated by the paralegal seemed to mesh.

On the day of the hearing they had the same conversation and according to the client all medical sources had been updated.

Then the testimony of the client began.  They suddenly had an epiphany and remembered 3 clinics that they had visited, including an MRI procedure!  The Administrative Law Judge was not impressed at all.  Specifically, he assumed that the attorney had not fulfilled their responsibility and threatened to file a board complaint if the updated records did not get submitted.  Thankfully the ALJ gave the attorney 30 days to get the records into his office and proceeded with the hearing.

The biggest loser on the day was not the attorney, but the client.  In a conversation afterward, the client admitted that he couldn’t remember the names of the facilities that he had treated at and assumed that this information would be have been included in his other information.  HE WAS WRONG.  Had he come clean and worked through the problem with the paralegal and/or his attorney the file would have been complete and a decision could have possibly been made in his case.  He had an ALJ with an extremely high approval rate (approximately 65%) and a tendency to want to make decisions in a “Bench Decision” format.  Now, he is stuck waiting 30 days for the Judge to make up his mind AND the possible 3-4 months it takes for a ALJ’s assistant to write a decision in the regular format.

The point of the story is this:  Clients, please keep track of all of your medical treating sources.  The more information you have about the facility, doctor’s name, tests performed, etc. the more information your attorney will request.  ALJ’s are forced to make decisions when all information (good and bad) is present.  Do yourself a favor and help your attorney do it right the first time.

-Written by an Attorney at Hoglund Law

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Submitting Evidence After Social Security Hearing


Video Transcription:

Hi my name is Andrew Kinney and I’m a Social Security attorney at Hoglund Law offices.  Today I wanted to talk about submitting evidence after your social security hearing.

Social security has hearings for people who are applying for disability insurance and supplemental security income.  First, there is an application, in most cases a reconsideration stage, and then a hearing.  The hearing is with a federal administrative law judge that looks at your medical records and decides your case based on that your testimony and other factors.

The subject today is unique because most times you should get your medical evidence in before your social security hearing, not after.  But sometimes you don’t have a choice.  Usually, what I see if we get involved in a social security claim and someone is unrepresented is that all the evidence was not to the judge on time.  Usually, when that happens we’re helping at the level after the appeals counsel level.  So we’re submitting evidence that should have been available before the hearing way too late, I would argue.  In social security claims its important all along the way to make sure social security has all the updated medical records at all the stages I talked about.  But what is particularly important, at least by when  your hearing is scheduled, is that you do a final push and get all the updated records from all the medical sources so that they’re available at the hearing.

In the situation at hand here, when I’m talking about submitting records after the hearing, one of challenges is that at some point after the hearing the judge will have a written decision.  The date of that written decision will be the last day the judge will look at this stuff for now.  You have an unknown deadline after a hearing to submit medical evidence.  What do you do about it?  Well, if you have an attorney with you at the hearing the attorney should ask to hold a record open. Typically, we ask the judge “Don’t make a decision your honor until we can get these specific records.”  Generally, judges have a deadline for that.  Now if you don’t have that agreement then you really don’t know if you’ll have time to get updated medical evidence.  So a backup option, particularly if you’re unrepresented is to call your hearing office after the hearing and talk to the assistant to the judge and ask can the judge not make a decision because there was some evidence that I forgot.

The basic idea here is you can get evidence in after a hearing at least according to the current law, but it’s not ideal in fact by any stretch of the imagination. You should at all cost try to get evidence in before.   If you do submit records after your hearing your attorney should submit a brief if at all possible explaining why these record are relevant in fact. Also it should be explained why they’re relevant and that the judge should look at them when the judge may have made a decision in the case but has not committed it to writing.  If you have more questions about Social Security benefits, applying for social security, or in the case of here, how should I handle my evidence in my social security claim well be happy to talk with you.  You can call 1-800-850-7867.  You can also go online at www.HoglundLaw.com and look up these sorts of issues.  Hopefully this helped today.  Thank you.

 

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →