What Evidence Does My Attorney Need To Win My Disability Case?
TOGETHER, THE ATTORNEY AND THE EVIDENCE, WINS THE DISABILITY CASE
Your disability case is only as good as the evidence that you provide to your attorney. Many people believe an attorney can win a case simply by presenting the case to a Judge. Unfortunately, that is not true. When an attorney presents your case in court, all of the arguments must be supported by objective medical evidence.
In order to help your attorney, the first thing you need to do is tell her about all of your medical problems. Also, tell her the names of your physicians. For example, you may have a primary care physician, but you might also have seen a counselor or visited an Emergency Room for treatment. Your attorney needs to know about your monthly treatment for both physical and mental impairments, as well as any hospital visits, nursing home stays, or home-provided medical care.
TELL YOU ATTORNEY ABOUT YOUR EVIDENCE
You might be surprised to discover that many people fail to tell their attorney about medical treatment they receive. For example, if a client has a disabling back impairment, they only focus on that and forget to tell the attorney that they see a counselor for depression. Or, they think it isn’t important, so they don’t tell the attorney. This is a big mistake. And it will create problems obtaining all the medical evidence in your case at the last minute. Don’t let this happen. Tell your attorney early in the process about all of your medical problems, because disability and the inability to work can occur due to a combination of impairments.
When an attorney and a Judge evaluate your disability claim, they will be looking at you as a whole person, which includes all of your impairments and your ability to perform daily activities, socialize, work, volunteer, and participate in activities with your family. Do not assume that your attorney knows all of this information, unless you tell her the information.
ASK YOUR DOCTOR FOR A COPY OF YOUR RECORDS
You should also not assume that your physician is writing down everything you say. You should get a copy of your medical records for yourself. Once you do this, you can make sure your physician is documenting your impairments. It is important that your doctor describes the problems you are having that make it so you cannot work. If you communicate with your attorney, go to the doctor, and provide medical records, you will have a better chance of winning your disability case.
At Cannon Disability Law we ask you to obtain your medical records for us, because you can often obtain a copy of your records from your doctor for free. We also ask our clients to send us records as their case progresses. We want a copy of any emergency room, urgent care, counseling, surgery, or doctor visits. Call us or contact our office for a free review of your case.