will my lawyer tell me what s in my medical evidence for ss

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

What medical evidence is needed for Social Security disability?

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

What is non-medical evidence for Social Security?

This guide describes generally what is non-medical evidence and explains how Social Security evaluates that evidence. Social Security considers “evidence” to be anything submitted to your claim file related to your disability claim, including medical and non-medical evidence.

How do you get medical records for a social security claim?

When you file a disability claim with the Social Security Administration (SSA), you are required to provide medical evidence showing you have a disability and demonstrating how severe it is. Social Security will request records for you from your treating physicians and hospitals if you sign a release.

What is Social Security’s definition of “evidence”?

Social Security considers “evidence” to be anything submitted to your claim file related to your disability claim, including medical and non-medical evidence.

What is proof of medical evidence for Social Security?

Here's what that means. 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 does medical evidence mean?

Objective medical evidence means signs, laboratory findings, or both, from a medical source. Objective medical evidence does not include symptoms, diagnoses, or medical opinions.

How does Social Security determine your disability?

We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you can't do other work, we'll decide you qualify for disability benefits. If you can do other work, we'll decide that you don't have a qualifying disability and your claim will be denied.

What does it mean when Social Security has made a medical decision?

Benefit Application Under Review. A medical decision has been made and we are working to process your benefit application. A Social Security Representative may contact you directly if we need any additional documents are needed. It means approval.

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.

How far back does Social Security disability go back?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

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)More items...

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

How long does it take Social Security to process the medical portion?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

How often does Social Security Review your disability?

If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years. Your initial award notice will tell you when you can expect your first medical review.

What is the monthly amount for Social Security disability?

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.

Why is medical evidence persuasive to Social Security?

Medical evidence from the doctors who are currently treating you can be persuasive to Social Security because your doctors tend to know your medical history in more detail than other sources (such as a Social Security doctor who sees you one time).

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 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.

Who can help with a child's disability claim?

Information from social workers, employers, physical therapists, and alternative treatment providers such as chiropractors can help your claim. If the claim is for a child, information from schools, teachers, parents, and caregivers can be useful.

Can you provide evidence for medically determinable impairment?

Only an acceptable medical source can diagnose and provide evidence to establish that you have a "medically determinable impairment.". You can help your claim by submitting as much evidence as possible from these preferred treatment providers. Or, if you are relying on SSA to gather the medical evidence, give them a complete list of all ...

Can I see a doctor for Social Security?

However, if your treating physician is for any reason not considered qualified to conduct the exam, or doesn't have medical equipment needed to perform required tests, you may have to see the new doctor selected by Social Security. Likewise, if Social Security asks you to see your regular physician for the exam and you have a legitimate reason you ...

What medical evidence is needed for SSI?

For a Social Security disability (or SSI) case, medical evidence takes many forms, including physician exmination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CAT scan, and X-rays). Timely, accurate, and sufficient medical evidence from your treating doctors can greatly reduce or eliminate ...

How old do you have to be to get a medical record from the SSA?

Generally, the SSA likes to have records no older than six months. That doesn't mean older records aren't important. Records dating back for many years may help provide the medical big picture. Accurate records correctly describe your condition according to the standards of acceptable medical sources.

What is the best medical record?

The best medical records are those that are typed, mention all of the patient's complaints, show the results of examination, note what treatment was given, state the response to treatment, and mention future plans and a prognosis. Unfortunately, many records don't contain enough information to determine disability.

Can you get disability based on arthritis?

For example, many people apply for disability benefits based on their arthritis. When the disability examiners review the records provided by the treating doctor, often the file contains a few scribbles that the patient has joint pains and arthritis, and further notes that some form of treatment has been given.

What are some examples of medical evidence for Social Security?

Optometrists. Qualified speech-language pathologists. Here are some examples of acceptable, useful documents to submit with your claim as medical evidence for Social Security disability benefits: 1. Accurate, Thorough Medical Records. These records provide a correct description of your disability that meet the standards for acceptable medical ...

How to get medical evidence for disability?

How to Get Medical Evidence for Social Security Disability Benefits. The Social Security Administration has a strict definition of disability they use when reviewing every benefits application. To get Social Security disability benefits, you’ll need to gather strong medical evidence that supports your claim. This documentation from your doctor ...

How long do you have to submit medical records to the SSA?

If your ailment changes frequently, submit the most up-to-date information possible. In fact, the SSA prefers medical records covering your last six months of treatment.

Why is medical evidence important?

For this reason, it’s crucial for you to collect as much solid medical evidence for your claim as possible.

What medical professionals are considered acceptable medical sources?

This list includes the following fully licensed medical professionals: Certified psychologists, including school psychologists. Physicians (either medical or osteopathic) Podiatrists. Optometrists.

How long do you have to work to get disability?

This documentation from your doctor or specialist must prove your mental or physical condition keeps you from working for one full year.

Can a chiropractor submit a slipped disc?

For example, while a chiropractor can submit a description of your slipped disc, it’s not considered “acceptable” because chiropractors are not medical doctors. 2. Timely Medical Evidence Is Important. You want to submit records that are both recent and relevant to your disability claim.

What is the duty of a claimant to prove he or she is blind or disabled?

Generally, the claimant has to prove to us that he or she is blind or disabled. This duty is ongoing and applies at each level of the administrative review process. The claimant must tell us about or submit all evidence known to him or her that relates to whether or not he or she is blind or disabled.

What is an entity in medical terms?

An entity refers to an organization that maintains a medical source's records. Generally, entity means the medical clinic, medical facility, or hospital where a medical source evaluated, examined, or treated the claimant.

What is a non-medical source?

A nonmedical source is any source of evidence who is not a medical source. This includes, but is not limited to, the claimant, educational personnel, public and private social welfare agency personnel, family members, caregivers, friends, neighbors, and clergy.

What does the SSA look for in a medical appointment?

The SSA will also be looking to see if you are keeping all of your scheduled medical appointments. If the Social Security Administration determines that the medical evidence that you have provided is insufficient, then the agency may request a consultative examination, or it may deny your application.

Why is my Social Security disability denied?

One of the main reasons Social Security disability claims are denied is because of a lack of medical evidence. Even if you think that you are providing full and accurate records to the Social Security Administration, you may not be providing everything ...

What does impairment mean in Social Security?

The severity of your impairment qualifies you for Social Security disability benefits. After you prove that you have a health impairment, then the SSA will look at medical evidence (and non-medical evidence) to determine how the impairment impacts your ability to work.

How long can you not work after a death?

A medical opinion that you will not be able to work for at least 12 months or that your condition will result in death. A detailed account of your treatment plan and evidence that you are following that treatment plan. You are expected to follow your doctor’s orders for treating your condition.

Can a medical provider be considered a treating source?

Therefore, if you have a medical provider who can be considered a treating source, then it may improve your chances of receiving Social Security disability benefits.

Can you shop for judges?

Lastly, since you cannot shop for judges and can look into their approval rates and other statistics, it might be beneficial if you work with a disability attorney to work with you on your case and remedy any weak points according to the expected evaluation by your attorney (about the judge).

Can a disability attorney guess if a case is approved?

If you have a disability attorney handling your case they might be able to quickly guess whether your disability case would be approved on not based on their experience with disability cases, they may know the reputation and temperament of the judge.

Can you change your disability hearing to in person?

Even when you have been scheduled for a video teleconferencing disability hearing and if you, for some reason, change it to an in-person disability hearing, even then your judge will be kept the same to maintain transparency in your case.

What is non medical evidence?

Non-medical evidence is simply defined as any evidence that is not medical. Submitting non-medical evidence in your disability claim helps present a more complete picture of how your impairments and symptoms affect your daily functioning.

What are the factors that determine a person's symptoms?

A person’s own statements about their symptoms is considered along with other non-medical and medical evidence using the following factors: 1. Daily activities; 2. Location, duration, frequency, and intensity of pain or other symptoms; 3. Factors that precipitate and aggravate the symptoms; 4.

What is included in the Adult Disability Checklist?

Listed in the Social Security Adult Disability Checklist and Online Adult Disability Checklist is non-medical evidence, including general information about your age, your marital status, and your minor children. Also, listed is information about employment history going as far back as 15 years. Some evidence, such as the credits you have earned ...

Why is it important to keep a personal record?

Keeping a personal record helps you build a stronger disability case since it is a real-time description of what you have been experiencing. You can refer to it to help you remember accurately when it is time to testify at a hearing.

What is SSA 3373?

You may complete a SSA-3373 Adult Function Report to describe your day-to-day functioning. You may also keep a journal or other personal record to describe your physical and mental impairments, related symptoms, and how they affect your ability to do ordinary daily activities.

Do you need to prove you are insured for SSDI?

Some evidence, such as the credits you have earned to be insured for SSDI, is necessary to prove you meet technical requirements. If you are applying for SSI, your income and resources will determine if you meet the strict requirements of this needs-based program.

What's Behind the Question?

"How much is my personal injury case worth?" It's one of the most common questions on claimants' minds (right up there with How long will my personal injury claim take? ).

Is All the Evidence In?

With respect to a case’s settlement value, even the most experienced lawyer will have a difficult time offering a meaningful opinion until all of the evidence is in and can’t be changed.