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

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more