I spend a lot of my time explaining the Social Security Disability process as it relates to doctors, medical records, and evidence, that I feel if I could put doctors and their patients in one room, I could really clarify a few myths people have about the process. It’s tough because people are already frustrated with a lengthy and difficult disability process. The process gets even more difficult when people find themselves misunderstanding how it all works.
In an effort to address these misunderstandings, let me tackle a couple of the more common myths:
#1 Myth: “My doctor told me that he/she thinks I’m disabled”.
Tip #1a (For the patient) – Don’t believe it until you SEE it
Tip #1b (For the doctor) – If you SAY it, you’d better write it.
Reality #1 – I can’t tell you how many times I have had clients who legitimately believe that their doctors have told them that they are disabled. Now, I’m not disputing that’s what their doctor told them. However, it’s amazing the number of times I have looked through the medical records only to find that there is NO mention of a disability in their treatment notes. So I always tell my clients that unless they literally see a disability statement in their records, don’t blindly believe that it is going to be there. For my doctors, I know you know this already but your patients are hanging on to every word you say. So if you even hint or whisper at the possibility that you think they are disabled, they are going to hold you to it.
#2 Myth: “My doctor told me that they will write a report that will guarantee I get disability.”
Tip #1a (For the patient) – Your doctor doesn’t know the law.
Tip #1b (For the doctor) – If you really want to help, ask the appropriate party for guidance.
Reality #2 – I hate to be the bearer of bad news to my clients but I have to remind them that their doctor doesn’t know the law. Your doctor can’t guarantee you’re going to get disability benefits. Now, don’t get me wrong. In most instances, the opinion of a treating doctor holds substantial weight, and the Social Security Administration places a lot of importance on receiving their records. However, if there are some additional issues with your case, or you have other medical records that have contrary findings, your doctor’s report may be ignored.
#3 Myth: “My doctor will fill out a form that will help me.”
Tip #1a (For the patient) – Be careful what you ask for…
Tip #1b (For the doctor) – Make sure your form is supported by your records.
Reality #3 – You have to be careful when you ask for an assessment. If you are not confident of what the doctor is going to write regarding your limitations, he/she could actually hurt your case. For doctors, it is equally important that the limitations you provide are supported by the medical records. Your records may be viewed with some degree of suspicion if you say the person can’t do anything due to pain and all you’re giving them is ibuprofen.
#4 Myth: “My doctor is waiting on a statement from my representative before he/she writes a letter.”
Tip #1a (For the patient) – The doctor doesn’t need a statement from your attorney.
Tip #1b (For the doctor) – If you intend to write a letter, write it and put it in your patient’s records.
Reality #4 – Contrary to popular belief, a doctor does not need a letter from your legal representative in order to write a medical letter supporting your claim. Your doctor can write the letter and give it to you. He/She can write a letter and fax it to your representative or directly to the Social Security Administration. He/She can write a letter and put it in your medical records. Trust me, he/she doesn’t NEED anything from anyone in order to write a letter on your behalf.
#5 Myth: “Once Social Security sees my records from my doctors, I should get approved.”
Tip #1a (For the patient) – You don’t know what your doctors have written.
Tip #1b (For the doctor) – Make sure you write what you’ve said.
Reality #5 – The Social Security Administration must consider all of your medical records. As such, if you have gone to a variety of different doctors, they are going to review and assess all of those records. They are going to give more weight to certain documents and discount others. In addition, the simple fact is you probably have not seen all of your records so there is no way of knowing what your records may say.
#6 Myth: “My doctor is willing to help me with my disability claim.”
Tip #1a (For the patient) – Ask for a letter, an assessment, or an evaluation.
Tip #1b (For the doctor) – Ask for the names of other doctors and review all other records.
Reality #6 – To all of the patients out there, if you are lucky enough to have a doctor who sincerely wants to help you, you can tell him/her to do a few things for you. Ask your doctor to write a letter about your condition. Ask your doctor to write an assessment or send you for an evaluation. To all of the doctors, if you truly want to help your patients, you can, also, do a few things. Ask for the names of your patient’s other doctors and get those medical records. Once you’ve done that, review those records (make sure you note in the file that you have) and give an assessment of the patient’s situation.
I know these things may seem obvious but you would be amazed by the number of people who have found themselves getting frustrated because they don’t realize how their medical records and their doctors affect their cases. I hope this helps.
