Is there a perfect recipe for a Social Security disability case?
I had a great back and forth discussion with one of my readers in the comments about how different evidence affects a Social Security disability case. Here is part of the comment:
If you go to a mental health clinic for disabling mental impairments. They usually score you and document how impaired you are and what your level of functioning is. So, I would think it would be easier getting your case approved for a mental health disability if the mental health clinic has documentation showing you have extreme low level of functioning vs. someone applying for disability for say chronic fatigue or …
My Social Security file is missing records
Let’s say you are reviewing your Social Security exhibit file before your disability hearing and you discover that some of your doctor’s (or other records) are not there. I have mentioned before that it is not unusual for the medical records in a Social Security file to be a year or more out of date.
What can you do if the records are not complete?
You can ask Social Security to update the records. If you do not have a lawyer Social Security has a higher responsibility to make sure that your hearing is fair, which includes …
Reviewing your Social Security exhibit file – Part 1: Medical Records
How do you begin to review your Social Security exhibit file? Here is a quick guide to finding the really important parts.
Start with the “F” section to review the medical records.
If you do not review anything else in the file, you need to know what medical records are there (and what records are missing).
Here is what I look for:
Are all the doctors and hospitals listed? If the doctor or hospital is not listed, …
Things to watch out for if your case is moved to a new hearing office
I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.
Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you are not careful, you could delay the decision in your case, or even reduce your chances of winning.
When should I apply for Social Security disability benefits?
Are you struggling with working because of physical or psychological impairments? Have you stopped working because you just could no longer do the job?
You may be going back and forth on whether to apply for Social Security:
Maybe I will get better. But, what will I do if I am not able to go back to work?
Filing for Social Security benefits is not something to rush in to. But, if you are disabled, you should file as soon as you can.
If you wait, you may lose several critical advantages.
Social Security disability tip: how to get your medical records for free!
If you request medical records from a doctor or hospital in Colorado, the maximum you can be charged is set by 6 C.C.R 1011-1, Chapter 2, Part 5.2.3.4. In 2008, the maximum price for medical records is “not to exceed $16.50 for the first ten or fewer pages, $.75 per page for pages 11-40, and $.50 per page for every additional page.”
This can quickly add up!
But, there is a way to get your medical records for free.
Cost of Medical Records Increases More Than 36 Percent!
The State of Colorado has allowed medical records copiers to increase the prices they charge to provide your medical records.
Medical records are one of the foundations of a Social Security case. The main way you establish the existence and severity of a medical condition is through medical records. ALL attorneys whose practice revolves around medical records are going to have to swallow this price increase. It also means that your costs as a client are going up.
Do not blame your attorney. The money is not going into your lawyer’s pocket; it is going to the medical copiers.
How to read medical records in a Social Security case
Whether you are working with a lawyer or are trying to get Social Security disability / Supplemental Security Income (SSI) benefits on your own, you will probably be reading medical records at some point.
Here is a quick primer on how a large portion of medical records are set-up.
Most of the medical records I see from doctors in Colorado, whether from primary care providers, specialists, or other doctors use the SOAP notes system. That is, the notes are divided into Subjective, Objective, Assessment, Plan (or Prognosis): S. O. A. P.
Subjective – this is where the doctor notes what you told him/her. What …
The one element missing in most Social Security cases: a medical opinion of limitations
To be found disabled, generally you have to show that you are unable to perform some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by different names:
Medical Source Statement (this is the term Social Security uses).
Medical Opinion.
Statement of Limitations.
Statement of Permanent Restrictions.
Whatever it is called, it tells Social Security what you can and cannot do. Social Security uses this to decide whether you are disabled.
Isn’t there a statement of limitations already in my medical records?
Probably not.
Most medical records contain a description of your symptoms, the objective findings, the doctors assessment, and the treatment plan. Most medical records do not have any statement of your limitations.
How To Get Your Social Security Medical Records – Part 4
So, how much is it going to cost me to get my medical records?
The cost of obtaining medical records differs from state to state. In Colorado, where my practice is located, doctors’ offices are supposed to charge no more than the “reasonable cost” of providing the records.
Under Colorado law, the “reasonable cost” is $14.00 for pages 1-10, $0.50 per page for pages 11-40, and $0.33 for every page after that. Plus postage.
So, it all comes down to the number of pages of records you are requesting. If you are requesting 60 pages of records, the cost would be as follows:
$14.00 for pages 1-10
$15.00 for …
How To Get Your Social Security Medical Records – Part 3
How do you get your medical records? In Colorado, anyone over the age of 18 can get a copy of their medical records by making a written request to their doctor’s office.
If you have only one doctor, or just a couple of doctors, you can simply ask. Sometimes, the records will be waiting for you by the time you are done with the examination. Of course, this is a best case scenario and things get more complicated from here:
You may have to fill out a HIPAA compliant authorization allowing the doctor’s office to release your records. Unfortunately, while HIPAA provides guidelines of what …
How To Get Your Social Security Medical Records – Part 2
In Part 1, we talked about some of the reasons why Social Security may not get all your relevant medical records.
Here is the real kicker: you often only find out what records Social Security has obtained in the denial notice.
In Colorado, where my Social Security practice is located, Social Security used to send out a letter listing what records they had before making a decision. This notice also asked if you had any additional records you wanted Social Security to consider before a decision was made.
I have not seen that notice in years. Nowadays, you get …
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 …
