seeing a lawyer for ssi when i do not have recent medical proof

by Dr. Jed Koch 3 min read

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

Full Answer

Should I see a doctor or a lawyer for my disability claim?

For a Social Security disability (or SSI) case, medical evidence takes many forms, including physician examination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CT scan, and X-rays). Timely, accurate, and sufficient medical evidence from your treating doctors can eliminate the need for the Social Security Administration (SSA) …

Should I tell my doctor that I am filing for SSD/SSI?

Jan 19, 2022 · Social Security can't deny you disability benefits just because you haven't been to a doctor. There are several acceptable reasons for not seeking medical treatment, including: You've been told by a doctor that there is no treatment that would be effective. Obtaining medical treatment is against your religion.

Will a disability attorney pay for a social security checkup?

Do I need a lawyer for a Social Security disability hearing?

What does a non medical review mean for Social Security?

Non-medical Redeterminations. Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.Jul 31, 2018

What evidence is needed for Social Security disability?

medical evidence
For a Social Security disability (or SSI) case, medical evidence takes many forms, including physician examination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CT scan, and X-rays).

What is considered medical evidence?

Necessary medical evidence includes: Reports regarding physical examination, diagnosis or treatment. Labs or other test results, including x-rays, MRIs, blood work and other tests. Medications and dosages.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?
  • Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)
  • Special senses and speech (e.g., visual disorders, blindness)
  • Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

What is disability medical documentation?

An important aspect of applying for disability benefits is collecting and submitting medical documentation to support your claim. This medical documentation validates your application and proves to the Social Security Administration that you are, in fact, disabled.Jul 28, 2018

How important is a medical source statement?

The Medical Source Statement is a very important part of a Social Security Disability claim. The SSA gives the majority of weight to the opinion of your treating physician when deciding whether or not to approve your Social Security Disability benefits.

What is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

What is a medical source statement?

A medical source statement is a form completed by your doctor summarizing how limited you are physically and mentally as a result of your conditions. This document will help the SSA determine whether you are disabled.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

What is the most disability you can get?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

What are the top 10 disabilities?

What Are the Top 10 Disabilities?
  • Nervous System and Sense Organs. ...
  • Intellectual Disabilities. ...
  • Circulatory System. ...
  • Schizophrenic and Other Psychotic Disorders. ...
  • Other Mental Disorders. ...
  • Injuries. ...
  • Organic Mental Disorders. ...
  • Neoplasms. Finally, the 10th top disability comes from neoplasms.

Can Social Security deny disability?

Social Security cannot deny disability applicants benefits just because they haven't been to a doctor. There are several acceptable reasons for not seeking medical treatment.

What happens if you don't see a doctor?

If you haven't seen a doctor for your medical condition, and you aren't receiving any kind of treatment for it , it will be hard to convince Social Security that it is serious. In addition, if you aren't taking medication or receiving medical treatment for your condition, Social Security won't know whether your condition could quickly improve ...

What does a treating physician do?

A treating physician will try to safeguard his patient ''s health and act as his or her advocate; a physician who performs a CE is merely providing a service to Social Security so that the disability examiner can close a case.

What is a CE exam?

If there is a lack of medical evidence in your file, a disability examiner will schedule a consultative exam (CE) with a private physician. However, the Social Security exams are brief and are seldom used as a basis of approval of any claim.

Can you file for disability if you are unable to work?

If you're filing for disability benefits because you're unable to work, Social Security requires that your impairments be documented with medical evidence. The strength of a disability claim often depends on the nature and quantity of the medical treatment received. In some cases, however, an individual may be found disabled even ...

How long does a disability exam last?

Oftentimes the consulting doctor specializes in an area of medicine completely unrelated to your alleged impairment, and performs a perfunctory exam that lasts fifteen minutes or less .

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

What kind of doctor treats back pain?

For instance, an orthopedic doctor for back or neck pain, or a doctor who specializes in pain management (some anesthesiologists perform this type of treatment now, as well as physicians who specialize in physical and medical rehabilitation), and a psychiatrist for treatment of severe depression, bipolar, etc.

Does SSA request medical information?

SSA will also request information from any hospitals where you have been treated. If you are relying on SSA to gather this medical information for you, be sure to provide a complete list of hospitals where you have been seen in the emergency room and/or admitted.

What is a doctor's statement?

Your doctor's statement should describe your ability to understand and carry out instructions, to concentrate, to adapt to changes, and to respond appropriately to supervision, coworkers, and work pressures in a work setting. Work-related physical ability.

What to include in a medical report?

Medical records and reports should include: 1 a history of your medical problems and diagnoses 2 the results of clinical exams 3 laboratory findings (such as x-rays) 4 current diagnoses of disabling conditions 5 prescribed treatment, your response to the treatment, and your prognosis 6 a statement from the treatment provider about what you are still able to do in spite of being disabled, based on the medical findings listed above, including information on your:#N#Work-related mental ability. Your doctor's statement should describe your ability to understand and carry out instructions, to concentrate, to adapt to changes, and to respond appropriately to supervision, coworkers, and work pressures in a work setting.#N#Work-related physical ability. The statement should describe your ability to perform basic physical work-related activities such as standing, walking, lifting, carrying, handling objects, sitting for extended periods, hearing, speaking, and traveling.

What does Social Security consider?

Social Security also considers evidence pertaining to your symptoms that affect your ability to function, such as pain and fatigue. Limitations on your daily activities, factors that trigger your symptoms to occur or make them worse, affects of medications you take to manage your symptoms, the frequency and intensity of your symptoms, and any measures or treatments you use to manage your symptoms will be taken into consideration. This information will be provided to Social Security by you and your treatment providers.

What is a licensed podiatrist?

licensed podiatrists. qualified speech-language pathologists, and. licensed or certified psychologists including school psychologists (for limited purposes only). Note that chiropractors are not on this list. Only an acceptable medical source can diagnose and provide evidence to establish that you have a "medically determinable impairment.".

Is a doctor a treating physician?

This is provided, of course, that the doctor is a “ treating physician ”, meaning a doctor who has a history of providing treatment to a patient versus a doctor that a patient has only seen once or twice (such as would be the case involving a quick visit to an urgent care).

What is a consultative exam?

Consultative examinations are status examinations performed by doctors or medical professionals (psychologists would be included when the CE, or consultative exam, involves mental testing) paid for by Social Security.

What is the DDS exam?

When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), your claim is sent to a state agency called Disability Determination Services (DDS). In some cases, the DDS might ask you to have a ConsultativeExamination (CE exam). These exams are done at the request of the DDS examiner and are performed by an independent medical doctor who has been contracted by the Social Security Administrations (SSA) and DDS to perform these exams.

Why do I need a CE exam?

The reason why CE exams are needed is usually because the examiner feels that the medical records that your treatment sources provided are not recent enough, or it might be that the medical records do not address all the symptoms listed on your SSDI or SSI application.

How do I get a disability lawyer?

If you have filed your SSDI or SSI application you are most likely now playing the “waiting game.” Although some applicants are approved immediately, most are not. In fact, up to 75% of first time disability applicants are denied the first time they apply and may have to appeal their disability denial.

How is the SSI or SSDI disability lawyer paid?

So if the Social Security Administration is not going to pay for a disability lawyer and you are out of work with limited funds, what are your options for payment? The good news is the disability lawyer is only paid if you win. Their rate is established by the SSA, and they will be paid 25% of your back pay up to a maximum of $6,000.

Why will the SSA not help me more with my disability case?

Claimants often wonder why the SSA is not more helpful when they are applying for SSDI or SSI benefits. For instance, why do they not spend more time with you or meet with you? Why doesn’t the SSA seem to care about your case? The bottom line is the SSA processes millions of applications per year and they are simply overwhelmed.