Skip to main content

WHERE'S THE BEEF?

"Where's the beef?"

I really loved that old hamburger commercial and I hope you remember it. 

What brings it to my mind is a paraphrase we sometimes use around the office.  We have a Social Security disability claim that looks pretty promising but we have to stop and ask ourselves:  "Where's the beef?"

That means, "Where's the evidence?"  

 We know that we must have objective medical evidence to prove the case. This evidence comes from treating physicians, clinics, hospitals, psychologists or other professionals who have examined the claimant and documented 3 things about his/her condition(s).....

1.  Severity

2.  Longevity

3.  Credibility

Objective medical evidence is based on fact, not opinion.  It is fact based evidence based on a doctor's treating relationship, examinations, imaging, laboratory  tests and professional observations.

Unfortunately, we sometimes see potential claimants who really are disabled and should receive a disability benefit.  However, they may not have the objective medical evidence to prove their disability. Where's the beef?  It's nowhere to be found.

What Can You Do If You Lack Objective Medical Evidence?

1.    Start seeing a doctor, hopefully a specialist in the area of your illness or injury.  Sometimes this is not possible due to lack of fianances or insurance.  Then what?  

2.  Seek out charity care (not a bad word).  Try one of the free clinics in the community or check with our local hospital. Many larger hospitals have programs to help the uninsured or can refer you to someone who can help.

We are often asked, "Won't Social Security send me to one of their doctors for an exam?"  Yes, they might.  However, these casual encounters with a doctor seldom help prove your disability.  You will get a 15 to 30 minute exam and probably no X-rays or other tests.  It's my experience that you cannot depend on a Social Security "consultative exam" to win the case. You need your own medical evidence from your own doctor, if possible.

The Forsythe Firm will send you a list of community clinics that may see uninsured patients free or at reduced costs.


 

Comments

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...