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

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more