How Do I Prove my Disability Under Social Security Law
These are medical cases that turn on medical proof. The focus is entirely upon the clinical charts of the treating medical specialists.
We explain to every new client that their testimony as to their symptoms and limitations is not “proof” that they cannot work. They are seeking the benefits so their testimony is always questioned by Social Security. The testimony of a spouse, child, relative or neighbor will also not be determinative since they apparently like and care for the Claimant.
Social Security cases start with the doctors’ charts. Social Security expects that people who are suffering with symptoms so bad that they meet the definition of “Total Disability” will be going to the appropriate specialist and describing those symptoms and problems. The more consistently someone goes to their specialists and describes their symptoms and problems over
months, and often years, of medical treatment, the greater the chance of having the application approved.
When we meet with new clients we spend much of the first meeting trying to identify who are the doctors that the client is treating with, and whether they are the appropriate doctors. Social Security wants specialists. If the problem is back pain then they want Claimants treating with an orthopedic, or a neurologist, or a pain management physician. If a Claimant has a mental illness such as depression, anxiety, PTSD or bipolar, then they expect both a psychiatrist and a therapist, or a good Ph.D. or Psy.D. psychologist. Fibromyalgia Claimants should be seeing a good rheumatologist.
The notes of these specialists will be reviewed by Social Security doctors, adjudicators and Judges. They will look for evidence of the symptoms and for consistency in the complaints of the patients and the findings of the doctors during the examination. Medical reports from the treating physicians are useful and usually solicited during the course of the case. However, “proof” are the clinical charts of the treating medical specialists.
