Lawyer Tips to Prove Disability in Social Security Cases–
Complete, detailed and current medical documentation is the single most important factor in winning your Social Security case. Thousands of people apply for Social Security benefits – so the Social Security Administration will never just “take your word” about your disability. You will NOT win benefits if you do not provide the proper medical documentation to prove that you are disabled.
Social Security Law states that the “burden of proof” is on the person seeking to collect Social Security to “prove” they are disabled. Basically, this means that the Social Security Administration assumes that you are NOT disabled, until you can prove otherwise. So it is up to you and your lawyer to submit the most complete, current and detailed medical records possible.
Further, you must prove that you are “unable to work at any job in the National economy on a full-time basis”. So, for example, if you are a pipe-fitter and you damage your hand it is NOT enough to show that you can no longer work as a pipe-fitter! You have to be able to show that you can not work at ANY job at all because of your injury.
In this article our experinced Orange County Social Security lawyers offer tips for steps you can take to meet the “burden of proof” for your disability.
(1.) Continue Doctors’ Treatment in Social Security Cases
The absolute best way to get strong and CURRENT medical documentation is to be regularly seen and treated by a qualified doctor or “doctors”. Remember: medical documentation that is several years old or is vague or incomplete will not be sufficient to “prove” you are disabled.
Always continue to see your physicians and get treatment – and then have them supply you with detailed, current reports that clearly document your disability! The better your records, the stronger your Social Security case will be.
(2.) Continue Taking Medication in Social Security Cases
Also, if medication is prescribed for you be SURE to take it. If you are prescribed medication for your disability and you take the medicine and you STILL can’t work, then it is evident to the Social Security Administration that you are truly disabled.
BUT, if you are prescribed medication for your disability and you DO NOT take the medicine, then the judge may rule that you are NOT really disabled. In other words, he or she may merely conclude that you are only disabled because you are skipping your medication!
(3.) Get Additional Medical Records for Social Security Appeals
Also, keep in mind that if you are denied Social Security, it probably is NOT enough to just go back in for an appeal using the exact same medical documentation that you submitted the first time. If your medical records weren’t “enough” to convince them the first time, it probably isn’t going to be enough for an appeal!
We recommend that you get new and better “ammunition” that will enable you to convince them of your disability. Seeing a new or different doctor – perhaps a physician who is a “specialist” in your type of disability – is often a way to obtain more convincing medical records.
Even if you can not afford a private physician, there are many other options for obtaining qualified medical treatment. Without current, detailed medical records showing your treatment you are unlikely to win your case or appeal.
(4.) Have a Treating Physician in Social Security Cases Lawyers Orange County
Having a “treating” physician is a preferred method of getting the medical documentation you need to prove your disability. This is because Social Security regulations provide that the opinion of a “treating doctor” is given more weight than the opinion of other “consultative” doctors.
A treating doctor is someone who has seen you repeatedly over a period of time to manage your condition. While a “consultative” physician is a doctor who sees a patient one time and delivers his or her opinion based on one examination.
The longer you have been treated by the same doctor and the more visits you’ve had with him or her, the more likely it is he or she will be considered as a “treating” physician whose opinion is given more serious weight than those of the independent doctors Social Security may send you to.
Generally, having a thorough and cooperative “treating doctor” is one of the best things you can do to improve your Social Security case! Their opinion will be given the most weight in determining if you are disabled – so having a helpful treating physician “on your side” is essential.
Top Orange County Social Security Lawyers
Failing to “prove” the extent of your disability is the most common reason Social Security benefits are denied. Having an experienced Social Security lawyer by your side can vastly improve your chances of successfully obtaining benefits. Our experienced Orange County Social Security lawyers know how to properly and rapidly submit the documentation needed in your Social Security case, so that you have the greatest likelihood of approval, in the shortest amount of time. Call us today for a free consultation.