It surprises my clients to learn that, most of the time, Social Security does not update medical records after the initial denial.

With wait times of a year or more, this can mean that by the time your case gets in front of a judge, the records in your file may be a year (or more) old, and your recent treatment may not be in the file at all.

This is not the way the system is supposed to work.

When you appeal the initial denial, you provide a list of your current doctors, dates of treatment, tests performed, and medications as part of the appeal.  You also provide an authorization letting Social Security get updated records. Your appeal will be rejected if you do not do this.

There are also regulation instructing Judges to assist un-represented claimants (people applying for Social Security) with obtaining relevant evidence in their case.

BUT, when I get a call from someone whose hearing has just been set, or continued, I often see that NONE of the records have been updated since the denial.

Think about the waiting times in your area.  In Colorado, the typical wait is a bit over a year (although the times in the Pueblo area are sometimes over 2 years). Do you want a Judge deciding your case with out-of-date records?

This is why you need to review your file early to figure out just what records Social Security has, what records are incomplete, and what records are just plain missing. That means you have to know how to review your file.

Personally, I encourage you to work with an attorney to make sure the necessary records are in your file. However, if you decide to brave this process alone, make sure you know what is in your file and keep it up to date!

My last article talked about why it is so important to review your Social Security exhibit file.

But how do I get a copy of my Social Security file?

If you already have a hearing scheduled, Social Security will tell you in the Notice of Hearing that you should arrive thirty minutes before your hearing and you will then have a chance to review your file.

However, 30 minutes is NOT enough time to review your file. If you are like most people, you have never seen a Social Security file. If you simply start at the beginning of your file, your case may be called before you even get to your medical records.

Hint: the medical records are kept in the very back of the exhibit file in the “F” section.

Instead of a paper file, your case may be kept in an electronic format. If so, you will be handed a cd and pointed at a computer.

There is a better way to review your file.

Whether you have a paper file or an electronic file, you can request to review your file before your hearing. I, personally, recommend reviewing your file once your have appealed the initial denial and your file has been transfered to the Office of Disability Adjudication and Review (ODAR). 

Once your file is transferred to an ODAR, you will receive a letter confirming the receipt of your appeal. This is the letter that tells you that you will notified 20 days before the hearing.

Usually in the top right corner you will find the ODAR address and telephone number. Just call the number and ask the receptionist how you can either get a copy of your file, or how your can review your file at the ODAR office.

If you have a paper file, the ODAR staff will schedule a time when you can come in and either review or photocopy the file.

Tip: if you request to copy the file, it is a good idea to bring your own copy paper, two reams should be enough. Some offices will tell you this. If they forget and they do not have any paper (and you did not bring your own), you may need to reschedule your appointment.

Note: if the file has been permanently moved to an out-of-state ODAR office, that office should be willing to copy your file and mail it to you. After all, how are you supposed to prove your case, if you do not have a chance to see what Social Security has in your file?

If your case is an electronic case file, ODAR will probably send you a copy of your file on CD. The CD contains an electronic version of everything in your case file. If you have a computer, viewing the exhibit file may be as simple as putting the disk in your computer. An internet browser should pop up displaying all the sections of the case file. You can then click on each exhibit to see what it contains.

Note: Even though you view the exhibit file through an internet browser, you do not need internet access to view the exhibit file.

If you do not have a computer, you may be able to view the file at your local library, or you can schedule time to view the file at the ODAR office on one of their public computers.

Make sure to give yourself plenty of time to review the file and bring a notepad to jot down any questions you have.

Wouldn’t you like to know what Social Security really thinks about your claim? The best way to find out is to review your Social Security exhibit file.

Everything Social Security has on your claim for disability benefits is contained in the “exhibit file.” This includes medical records, statements of limitations, notes from Social Security’s technicians, reports from any doctors Social Security sent you to, and any opinions Social Security based on the evidence in your file. Plus, you may even see post it notes flagging what Social Security thought was particularly important.

“But, wait there’s more…” The exhibit file also contains income summaries and earnings reports, as well as every form you filled out during your application, and possibly your prior files as well.

Why is this important?If you want to know why you were denied (something more substantial than what Social Security told you in their denial), and what your chances are at hearing, you need to review your Social Security file.

Keep in mind, there is a lot of technical data in the file. There are a number of cryptic forms and abbreviations fly fast and furious. It really is helpful to review the file with an attorney who can help you spot the critical issues and translate the Social Security-isms.

But even if you do not have an attorney (get one!), reviewing the Social Security’s medical reports, and Residual Functional Capacity forms (the ones where Social Security says what it thinks you can and cannot do), will give you insight into how Social Security views your case. This will let you know what you will be up against when you go to hearing.