Client Communication

When attorneys meet clients for social security disability cases, they usually have a lot of questions.  First question usually is, how long does the social security disability process take?

It is important for the social security disability attorney to explain each stage separately and that on average, a client will likely end up at hearing before being approved, if they are ever approved.  This will take over two years.

It is important that clients are aware this is normal and having low income or significant pain or difficulties will not speed their case up.  Getting an attorney in general does not speed the process up, but the proper attorney will make sure appeal deadlines are not missed, that all the medical records are ordered and received, and that the claimant is prepared when the hearing time comes.  This is primarily why it is prudent to hire an attorney.  Clients need to have realistic expectations of this long process.

Another frequently asked question is can I work?  Although attorney can quickly explain SGA limits, which is currently $1,130 before taxes, it is important to go beyond that, and discuss that this is an inquiry to be made with their doctor. Discuss working restrictions from a physical and mental aspect with their doctor beyond just the allowable dollar amount from social security is prudent.  Attorneys know that this is a long process and people need to get by, but these questions need to be discussed with counsel and a doctor to make the most informed decisions.

Client communication is an ethical obligation and an important aspect of effective representation in a social security disability case.  For example, an attorney cannot be effective if the claimant does not give the attorney all of their medical sources and symptoms of their conditions, and a client cannot be helpful if they are not made aware of how the process works and what the social security looks at.  Communication is key to obtaining benefits.

 

By Joshua Tripp


How Important are Medical Records in My Social Security Benefits Case?

Social Security will consider any existing medical records when deciding your claim. Your initial application to Social Security will indicate the date that you have alleged to be your Onset date of disability. For example, if you note that April 1, 2013 is the date when you became disabled and no longer able to work, social security will review medical records one year prior to the alleged onset date of April 1, 2013. Medical records that reflect ongoing treatment from this date will become the deciding factor for your claim. It is very important that your medical records reflect the condition(s) in which you are applying for benefits.

More often than not, social security will consider other conditions that may exacerbate your primary condition. An example of this would be of listing diabetes as a primary condition and the secondary condition listed as uncontrolled high blood pressure. Upon review, social security will consider the various treatments to control the high blood pressure. This consideration could weigh heavily on the outcome of your claim. Medical records that show a lack of treatment or diagnosis would surely result in a denial.

Lastly and most importantly, having a supportive doctor will increase your chances of a favorable decision. Social Security gives more weight to the opinion of your treating physician than that of a non-physician. So the rule of thumb is to make sure that you are detail in your description of symptoms that you may be experiencing from your condition(s).

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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Pancreatitis and Disability

Pancreatitis, or inflammation of the pancreas, is a condition that may either be acute, having a short and severe episode, or chronic, with frequent flare-ups. The main symptoms are abdominal pain, nausea, and vomiting. Because of the pancreatitis, someone might also have unexplained weight loss, or may develop diabetes. For most people, these episodes are manageable, but for others, it may be so severe as to interfere with their daily functioning and result in a permanent disability.

The Social Security Administration (SSA) does not have specific rules or listings for pancreatitis. It is evaluated on how the symptoms from the disease affect your daily activities. Social Security Ruling 14-3p sets out guidelines to how they evaluate disorders similar to pancreatitis. First, they will consider the medical evidence that supports the diagnosis. Next, they will consider the effect your disease has on your body, and whether those symptoms meet a Listing for disability. For example, if your pancreatitis has caused you to lose weight, your weight loss may be evaluated to see if you meet Listing 5.08, and if the SSA finds your condition meets those guidelines, you may be found disabled. If they don’t find your condition meets a Listing, then they evaluate the combined effect of the condition and the effect it has on your physical activities and your limitations because of it.

Of course, a condition like pancreatitis affects everyone differently, and your symptoms may be different from others. If you have other conditions in addition to the pancreatitis, those conditions will be evaluated in a similar way for SSA to find how it affects you and your daily functioning.

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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Failure to Follow Perscribed Treatment

From time to time the issue of whether the claimant failed to follow prescribed treatment becomes the focal point. 20 CFR 404.1530 states “an individual who would otherwise be found to be under a disability, but who fails without justifiable causes to follow treatment prescribed by a treating source which the Social Security Administration determines can be expected to restore the individual’s ability to work, cannot by virtue of such ‘failure’ be found to be under a disability.” SSR 82-59 further expands on this definition declaring that the SSA may make a determination that an individual has failed to follow prescribed treatment only where all of the following conditions exist:

1. The evidence establishes that the individual’s impairment precludes engaging in any substantial gainful activity (SGA) or, in the case of a disabled widow(er) that the impairment meets or equals the Listing of Impairments in Appendix 1 of Regulations No. 4, Subpart P; and

2. The impairment has lasted or is expected to last for 12 continuous months from onset of disability or is expected to result in death; and

3. Treatment which is clearly expected to restore capacity to engage in any SGA (or gainful activity, as appropriate) has been prescribed by a treating source; and

4. The evidence of record discloses that there has been refusal to follow prescribed treatment.

A few things here are important to note. First off, the treatment must be prescribed by the treating source. The treating source must be a medical professional who attends to the claimant’s medical needs on a regular basis. Thus, a doctor the SSA sends the claimant to for a consultative examination cannot determine a claimant to be denied for failure to follow prescribed treatment. In addition, the prescribed treatment must be expected to restore the ability to work. In a recent case I had, I got the doctor to testify that even if the claimant gave up smoking, her heart and lung condition would not improve enough to restore her ability to work.

If the SSA determines the treatment was prescribed by a treating source and it would be expected to restore the ability to work, it must then give the claimant the chance to offer an explanation as to why they did not follow the prescribed treatment. The SSA’s then determines whether the given explanation was “justifiable”. SSR 82-59 provides a list of possible justifiable explanations. A few, but not all, examples include: If treatment is contrary to religious belief (with documentation of membership to the religious affiliation along with statements from the church authorities), the inability to afford prescribed treatment and there are no community resources available (all possible resources should be explored and documented by the claimant), another treating source advises against the treatment prescribed by another source, the treatment involves a high degree of risk or amputation. These are but a few examples.

Failure to follow prescribed treatment can be a devastating reason for a denial. The SSA has determined the claimant cannot work yet they get denied benefits and insurance. It is very helpful to have an experienced attorney during the lengthy process in order to advise the claimant about the proper actions to take when a doctor offers treatment as well as possible community resources available to the claimant so they can follow the prescribed treatment. At the hearing, or in a brief, it is again helpful to have an experienced attorney who has an understanding of the federal regulations in order to rebut the SSA’s denial or contemplation of denying a person for failure to follow prescribed treatment. With proper counsel and advocacy from an experienced attorney, a claimant can avoid being denied due to failure to follow prescribed treatment.

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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Left Ventricular Ejection Fraction and Its Role in an Administrative Hearing

Lefmaging (MRI), computerized tomography (CT) or by a nuclear medical scan.2

There are numerous symptoms that could notify a doctor to order one of these tests-including, but not limited to: shortness of breath, persistent coughing, a build-up of fluid (edema), fatigue, and/or chest pain.3 These symptoms also play an impact on a social security disability claim. For example, a person with shortness of breath may have difficulty walking long distances or have difficulty lifting. An administrative law judge analyzes a person’s case by reviewing all the medical data, which would include both a person’s symptoms and also the objective evidence (i.e. an echocardiogram).

In determining if a person is disabled, an administrative law judge reviews the “Listing of Impairments” and compares the medical evidence with the listings. For a person with a low left ventricular ejection fraction, the administrative law judge will compare the claimant’s percentage to what is discussed in the listings. The judge will review the listings under section 4.00: Cardiovascular System. In section 4.02 it discusses if a person has severe ejection fraction of 30% or lower and has one of three: persistent symptoms of heart failure, three or more separate episodes of acute congestive heart failure within 12 months, or an inability to perform a stress test at 5 METs or less due various reasons.4 If an administrative law judge finds that all criteria are met in the listing, a favorable decision is granted.

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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Psychogenic Non-epileptic Seizures (PNES) or Psuedo-seizures

Often times, patients or clients are misdiagnosed with seizures, when really they are experiencing manifestations of psychological distress. Epileptic seizures are caused by abnormal brain electrical charges. The PNES attacks look a lot like epileptic seizures. Patients suffering from PNES attacks may experience seizure like activity:

* Convulsions

* Falling

* Shaking

* Temporary loss of attention

* Staring

Physicians often become suspect of the possible misdiagnosis when frequency, duration, triggers, and movements are unusual in comparison to the neurological examinations. It is important to note that EEGs (electroencephalograms) are helpful in diagnosing epilepsy but they often come back normal even in patients with proven epilepsy. The most reliable way to test for PNES is to do an EEG with video monitoring. Through analysis of the video and EEG recording, analysis can be made with near certainty.

PNES or pseudo-seizures are a type of Somatoform Disorder called Conversion Disorder. After patients are diagnosed, they should be referred to a psychiatrist for continuing care. PNES is treatable and should not be concerned about the stigma that comes with mental illness.

The most important thing with anyone applying for Social Security Benefits with this (or any) condition is well documented treatment. If you are not sure if you suffer from PNES or physical epilepsy, continue to treat for epilepsy but seek help from a mental health professional. Talk to your doctor about your concerns. Document any seizure like activity in a seizure diary. Track when the episodes happen, how often, and what symptoms or activities occur in this diary. Treating with specialists, using a seizure diary, and following any recommended treatment plans by your doctors, are all important steps in proving your disability claim.

We can help you with these questions and more. Please contact us at Hoglund, Chwialkowski, and Mrozik law office to discuss your Social Security Claim possibilities further.

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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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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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.

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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.

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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.

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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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Top 4 Social Security Client Questions about Getting the Right Medical Treatment for your Social Security Claim

Hoglund Lawyer Andrew Kinney, Esq.

At administrative hearings with Social Security judges, our Hoglund lawyers argue disability methodically:  (1) Diagnosis, (2) imaging studies to support the diagnosis, (3) examination findings, and (4) client testimony.  Social Security’s decisions are primarily driven by medical treatment evidence.  So, getting the right medical treatment can make or break a case.

Four questions arise most frequently from our clients about medical treatment:

Should I tell my doctor about my psychological needs?  Yes.  Depression, for example, is common for those with chronic pain.  I tell my clients to mention their legitimate concerns to their doctors.

Should I treat for medical problems that doctors cannot fix?  Yes.  Some of our clients stop treating because medical care isn’t helping their symptoms, such as headaches.  But avoiding doctors offers no medical proof for Social Security.  Our clients should maintain appropriate doctor appointments at regular intervals.  This has two benefits.  One, it helps our clients’ doctors review the progress of the medical problems.  Two, it helps Social Security judges verify these problems.

How much medical treatment should I get?  Enough that doctors you trust are satisfied with your care.  Don’t get treatment to “game” the system.

Should I call my Social Security attorney about whether to get surgery?  No.  While it is good to keep us up-to-date about medical problems, I tell my clients to consult with their physician about what medical decisions are best for them.  Legally, Social Security judges will find the need for surgery relevant.

In short, clients should make good medical decisions to get better, not to get benefits.

If you are not our Social Security Benefits client yet, consult our law offices about your particular situation toll-free at:  1-800-850-7867.

Andrew W. Kinney, Esq.

© 2010, Hoglund Law Offices.  Reprint with written permission.

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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