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.

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I Have Decided Not to Take My Medications. How Will This Affect my Case?

It is extremely important to recognize that you may be jeopardizing your claim for Social Security Disability benefits if you choose not to take your medications as prescribed by your doctor. It is very common for benefits to be denied if medication non-compliance is noted throughout the medical records.

Many people, due to experiencing difficult side effects, may personally decide to discontinue taking certain medications. I would recommend that if you are experiencing difficult side effects, that you discuss this issue directly with your doctor. There may be a different dosage of medication that the doctor can prescribe that may help with unwanted side effects or alternative medications in general that could be prescribed. By discussing these concerns directly with your doctor, this information will be reflected in your medical records.

The most important objective evidence to prove your disability is your medical records. As long as there is documentation by your medical providers regarding switching medications or discontinuing certain medications, there is no concern. As always, communication with your medical providers is extremely important in proving your claim for Social Security Disability. If you have any questions regarding applying for Social Security Disability, please contact one of our experienced attorneys 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.

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Top 5 Things To Know About Your SS Hearing


Video Transcription:

Hi, my name is Andrew Kinney.  I practice Social Security Law at Hoglund Law offices.  Today I wanted to talk about the 5 top things you need to know about your Social Security hearing.

Number one:  Why do you have a Social Security hearing?  Well at the Social Security process you have an application, reconsideration, and then you get to a hearing.  The hearing is different than the prior 2 stages because at the hearing you get to talk to the decision maker.  Who is the decision maker?  A judge.  You talk directly to a judge about your medical problems. The hearing itself can be an informal process. It’s a private conference room in which you can explain your situation and your day-to-day limits to someone.

The next thing you know: Two.  Who is at the hearing?  There’s the judge that I mentioned, you’re certainly there, it would be good to have an attorney there to cross-examine the experts.  There’s always, almost always I should say, a vocational expert.  Sometimes there is a medical expert either a psychologist or a medical doctor.  And finally there is a hearing monitor.  That hearing monitor makes sure a hearing goes smoothly.  There can be your family members sitting in back.  Keep in mind that I’m giving general ideas.

The third thing you need to know about your social security hearing is what happens at it? As I mentioned you’re giving testimony at the hearing.  You’re talking to the judge under oath about why you can’t work and specifically how you’re limited.  The medical records tell the judge what’s wrong with you. But, you’re saying well here’s how much I can lift, here’s how much I can carry, here’s how much I can walk, here’s how my depression affects my daily life, here’s how many anxiety attacks I have per month, or per week. There are many reasons people can’t work. The medical reasons involve functional limitations.  Keep in mind these is a video on what’s called an RFC about that topic.

The fourth thing you need to know about your hearing, how long is it?  Well that’s easy.  Generally hearings are between a half hour and an hour.  Now, that can vary as well.  In the hearing there is at least one expert, the vocational expert. The judge will ask you questions, then your attorney will ask you questions. Then the judge turns to at least the vocational expert ask questions and your attorney follows up with that as well.  The attorney should give a closing argument.  Hearings last about an hour, but different judges have different styles, and these judges are federal judges and whatever style they have its their hearing.  Just make sure you ask your attorney what’s this judge like?  An experienced attorney will let you know if they ask questions and maybe you need to ask what they mean again.  What’s important is that there is a personality to each of these judges and what’s important for your attorney to do is explain what the judge is like so it helps you have fewer questions at the hearing.

Finally, the fifth thing that you need to know about your hearing is when you get a decision.  I get this question a lot, usually before the hearing.  Sometimes it’s the cart before the horse because you need to get the hearing done first but it’s good to know what happens next.  Generally decisions are made between 2 and 4 months after the decision is in writing but there are exceptions to that, some judges use what’s called bench decisions. That would mean that you would get a decision from the judge, on the record at the hearing. Generally those are always favorable decisions.  But, ultimately you get a decision in writing after the hearing.  And if you have an expectation you can always be surprised if these is a decision that comes sooner.

Hopefully these 5 things you need to know about your Social Security hearing was helpful.  If you have more information about what to expect at a Social Security hearing, I happen to write a guide called a client’s guide to Social Security hearings.  You can just look at the search with those as search terms.  Look under client guide to social security hearings and hopefully you see the Hoglund law guide that shows a step-by-step more detailed than this video.

If you have more questions about just wanting help with your Social Security claim, about applying or appealing were happy to talk with you, you can call us at 1-800-850-7867, the number on our screen.  If there is any way we can help you we want to.  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.

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