THE IMPORTANCE OF MEDICAL RECORDS IN YOUR DISABILITY CASE
THE SSA NEEDS MEDICAL RECORDS AT EVERY LEVEL OF YOUR SSD CASE
You must understand the importance of collecting your medical records when you file for SSD benefits. You can apply for SSD and SSI benefits online at the Social Security’s website.
When you first apply for benefits, you should include a copy of your medical records with your application. The burden of proving your should be paid benefits is on you. This is true even though Disability Determination Services (DDS), the state agency, collects your medical records.
The reason you should submit your own records is that DDS may not collect everything. For example, if you were diagnosed with Multiple Sclerosis in the past, DDS will probably not collect old records. However, these records are important to your case, because they confirm the beginning of your illness. They also show your diagnosis and should contain objective medical testing.
If you receive a denial at any stage of the process, then you should make sure the SSA has a copy of all of your medical records. You may receive a letter that states your doctor has not sent your records. The letter might only give 10 days to respond. Instead of worrying about the 10 day time frame, use your time to collect the records and get them into the SSA. Additionally, you must update all of your medical records prior to your hearing.
YOUR TREATING DOCTOR VERSUS THE SSA NON-TREATING DOCTOR
The SSA has changed the law and states they don’t have to rely on the opinion of your treating doctor. They also say they don’t even have to listen to the opinion of their own doctor. Rather, all medical opinions are equal and the opinion that a judge can rely on is the one that is best supported by the medical records.
While it may seem unfair that the SSA doesn’t have to accept the medical opinion of your treating doctor. That is now the law. If you want it changed, then contact your Congressman. Meanwhile, make sure you are seeing a doctor who supports your SSD claim.
For example, if you have a mental condition, see a psychiatrist or psychologist. These are the treating sources who are experts in mental conditions. If you have records from them, then that should go a long way toward convincing a judge that you cannot work. Learn more about signs that you will win SSD benefits.
Likewise, if you have a physical condition, like Multiple Sclerosis, see a specialist for treatment. A reasonable judge is going to accept the opinion of a treating doctor over the opinion of a general doctor. Especially because the general doctor doesn’t know you and only read your records.
Even if your doctor writes a letter stating you are disabled, the SSA doesn’t have to give it much weight. They will only pay attention to it if the medical records support that opinion. In other words, submit all of your medical records as soon as possible. This includes records of past surgeries, x-ray, MRIs, CT scans, EKGs, EEGs, physical therapy records, blood tests, and any other evidence from a medical professional.
SUBMIT ALL MEDICAL RECORDS PRIOR TO THE DEADLINE
The second thing that is important to winning your disability hearing is knowing the submission rules. There are firm deadlines on when to submit medical records. The SSA has issued a rule that all medical records must be in to the judge five days prior to your hearing. In lawyerly fashion, this means five “working” days. In other words, the deadline for submission of records is SEVEN days prior to a hearing. If you submit evidence past the deadline, then you must have a good reason to why it was not done on time.
Remember, everything must be in the record one week prior to the hearing. There are good reasons for this rule. The SSA is dealing with thousands of hearings across the nation. It helps SSA’s efficiency to have the evidence so the judge and experts can review it. The bottom line is this: one week prior to the hearing is the deadline for the judge to receive all of your medical records.
If you fail to submit records one week prior to the hearing, then the judge doesn’t have to admit them into the record. That means she doesn’t have to consider them. Don’t wait until the last minute to submit your records. Give all of your records to your attorney so she can submit them. Prepare in advance and you will have a better chance of winning your SSD benefits. Hire Cannon Disability Law to help you obtain the evidence that you need to win your SSD case.
CANNON DISABILITY LAW AND FREE MEDICAL RECORDS
If you need help getting your medical records, then contact us today. Also, if you are waiting for your SSA hearing or have a denial from the SSA, then we can help. We have won thousands of SSD cases and we can help you win your case. Learn more about whether the judge will ask you any trick questions at your SSA hearing.
It does not cost anything to call our office or to ask us questions. Also, if we accept your case, then you do not have to pay an attorney fee unless we win your benefits for you. You will have to pay the cost of your medical records, whether you win or lose your case. But you do not owe an attorney fee if we are not successful.
You have nothing to lose and everything to gain by hiring us. Call our office for free. If you need medical help or counseling, and you cannot afford it, then please see our lists of free resources.
- CALIFORNIA FREE AND LOW COST CLINICS
- COLORADO FREE AND LOW COST CLINICS
- IDAHO FREE AND LOW COST CLINICS
- NEVADA FREE AND LOW COST HEALTH CLINICS
- UTAH FREE AND LOW COST HEALTH CLINICS
Using these free resources, you could get treatment from a counselor, nurse or doctor. They can also give you medication. Choose your state and call the free clinic for medical help. The resources on our lists will help you get the medical care you need. We also hope you use these medical resources to build the medical records to win your SSD case.
