How To Get Your Social Security Medical Records – Part 1
If you just filed for benefits, you may be wondering if there is anything you can do to improve your chances of being approved?
Yes! Get your medical records!
Why should I get my own records? Social Security is supposed to get my records themselves — and that does not cost me anything. Why should I spend my money to get the records myself?
Unfortunately, you probably won’t know if Social Security actually got your records until they make their decision.
While you may have given Social Security the names and addresses of your doctors, AND signed authorizations allowing your doctors to release information to Social Security, there …
What can I do if I cannot afford medical treatment on my Social Security disability case?
It is vital to get regular medical treatment when you are applying for Social Security disability benefits. I have even seen Judges roll their eyes when a claimant says there are no doctors they can see.
But, I don’t have insurance and I can’t afford to see a doctor on a regular basis. What am I supposed to do?
I’ve gone through my savings.
I’ve asked my spouse, parents and other family members to help me get medical care.
I’ve already even applied for Medicaid….
What if I am earning more than the Substantial Gainful Activity amount?
A number of people responded to my prior post about “substantial gainful activity” amounts. To briefly review: the general rule is that you cannot earn more than the substantial gainful activity amounts to be found disabled.
What do I do if I am earning more than the substantial gainful activity amount? Does than mean I cannot get Social Security disability benefits?!?
Not necessarily. Earnings above SGA amounts are an important factor. But, there are exceptions (including sheltered work, subsidies, unsuccessful work attempts, impairment related work expenses, and trial work periods) that may allow …
Useful Site: Social Security Benefit Calculator
How much will you get from Social Security?
You can check your annual Social Security statement (mailed annually before your birthday) for a rough idea.
Or you can use Social Security’s on-line benefit calculator.
Does Social Security consider all work a Substantial Gainful Activity?
Social Security defines disability as the inability to engage in a “substantial gainful activity” (SGA).
A simplified way of putting this is to say that in order to be found disabled, you have to show that you are unable to work. BUT, this can be misleading. Not all work qualifies as a substantial gainful activity.
So, how do you know if your work is a substantial gainful activity?
The easiest test is earnings.
In 2012, if your gross earnings, that is, before taxes or any other deductions, are $1,010 or more per month as an employee, that is probably a substantial gainful activity. Keep in mind that the …
How Social Security considers your ability to work in a disability case
Under Social Security regulations, disability is the inability to engage in a “substantial gainful activity.” This means that to win a Social Security disability case, you have to show that your impairments prevent you from being able to work.
More specifically, you have to show that you are unable to perform the duties of any work you have performed over the past 15 years AND that you are unable to perform the duties of any other work that exists in substantial numbers in the national economy. Note: these are steps 4 and 5 of the …
Social Security basics: what is a “disability?”
In order to qualify for disability benefits under Social Security you have to be found disabled.
Well, thank you Captain Obvious.
Ok. But, what does it mean to be disabled? Is it enough to have a medical impairment? Is the diagnosis, itself, enough?
In short, no. Under Social Security regulations, it is not enough to have a medical condition. Your impairment(s) have to be severe enough to prevent you from being able to engage in a “Substantial Gainful Activity (SGA).” In most cases, a Substantial Gainful Activity translates to full-time, competitive, employment.
The touchstone of a …
Social Security tip: get regular medical treatment
I hear a number of reasons for not seeing a doctor on a regular basis:
I don’t like going to the doctor.
I prefer herbal medicine.
I have a high threshold for pain.
When I hurt I just stay in bed.
This is unfortunate because regular and ongoing treatment is one of the foundations of building a Social Security case.
Why? Treatment generates medical records which do several things to build your disability case:
Medical records can establish a medically determinable impairment. Social Security regulations prevent approving a disability claim based on symptoms alone. Social Security requires a medically determinable impairment, basically, a diagnosis …
Social Security myths: you have to be denied twice before you can win
MYTH: Clients often tell me that you have to be denied two or three times before Social Security will approve your case. I am not sure how these rumors get started but unfortunately, this belief often causes people to take what may be the wrong action in their case.
REALITY: If you are denied (on an initial claim), you may be able to file a Request for Reconsideration (appeal 1) and if that is denied, a Request …
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