Skip to main content

WHAT YOU DON'T SAY TO THE DISABILITY DOCTOR

When Social Security sends you to a doctor, tell the truth but be careful about what you say.

Here are some things NOT to say:

"I'm OK, fine, doing alright, feeling pretty good...."

We all say these things when asked, "How ya doing?"  But doctors may take this literally and put it in their report.  

"I just finished remodeling my house....working on my roof...just got back from Tunica," etc.

These statements will wind up in the doctor's report and may be grossly exaggerated or taken out of context. Maybe you hired someone to fix your roof or remodel your house.  Maybe your wife drove you to Tunica because your back hurt too much to drive.  But you don't get to explain that to the doctor. 

"I'm going to volunteer some time at the Red Cross.... (or other charity)......

Social Security is likely to take the attitude that if you are able to do volunteer work you could also do paid work.  And there is a regulation that says, in effect:  If you do the type of volunteer work that you COULD be paid for, it is equivalent to substantial gainful activity (working for pay).

"If I don't get my disability approved soon, I may have to try to find a job (go back to work)." 

This implies that you think you can work--the anethema of a disability claim.  You are expressing financial desperation but the doctor will report it as "patient says he is thinking about going back to work."  Or, "patient says he is doing so well that he's thinking of returning to work." Your case is now DOA.

There are probably a hundred other things you can carelessly say to an examining doctor that will unfairly hurt your claim.  Be truthful but think carefully about what you say, and how you say it. Are you really doing fine?  (Then why are you applying for disability)?  Is everything "going great"? 

Finally, don't exaggerate.  

Don''t say "On a scale of 0 to 10, my pain is a 13."  Or "I can never do any shopping, bend, lift anything, or do anything at all."  Doctor's will contradict this in their exam and take those statements as non-credible. Better to avoid the word "never" and say things like, "I have trouble with doing my housework, difficulty bending, sitting too long or standing more than about ----- minutes."  It is very hard to prove that you NEVER do anything. And judges hate these absolutes.  If it sounds like an exaggeration to others, it will harm your case.

 

 

 

  

Comments

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. ...

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...

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...