What if your doctor does not support your Social Security Disability or SSI claim?



What if your doctor does not support your SSD or SSI claim?



 
If you are considering filing a disability claim with Social Security, it is a very good idea to get a complete copy of your medical records. Be careful to get all of your medical records not just the summary notes available through your medical care provider portal, because they do not include all of your doctor's notations.

You should read your medical records carefully, because you may find negative commentary. Patients are often surprised by their physician's remarks.

What if you find your doctor does not support your disability claim?

It certainly is not an optimal situation. If your doctor does not support your filing for disability, you really have two choices at this juncture. And that is to file and hope that the disability claims specialist ignores the lack of support from your treating physician and concentrates on the medical evidence contained in your medical records, or you find a new treating physician. The latter is only an advantage if you establish an ongoing patient-doctor relationship that includes multiple visits.



Also, it would be good if they could provide an opinion as to the limitations imposed upon you by your condition, your response to treatment, and their opinion as to your ability to work.

If you are unable to get another doctor, the disability specialist will still consider the medical evidence contained in your medical records. If they feel that your doctor's opinion is not supported by your objective medical evidence they make their determination without considering your doctor's negative remarks. Or they may schedule a consultative examination with an independent medical source to clarify your medical evidence.

Note: See: Calling Social Security about a Disability Exam that was scheduled. Also: Social Security Consultative Medical Exams and How they affect Disability Claims.

In conclusion, you might have a harder time getting approved for disability benefits if your treating doctor does not support your filing for disability, but it is not impossible for you to be approved provided you have good objective medical evidence that supports a finding of disabled.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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