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.

 

 

 

  

Labels:

Comments

Post a Comment

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
Post a Comment
Read more

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

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more