How Seeing Your Doctor Helps with Your SSDI Application

SSDI Application | Disability Application Status | LaBovick Law Group, Florida

If you are suffering from a severe physical and/or mental condition that has a major impact on your ability to work, you may want to consider applying for social security disability insurance (SSDI) benefits. When reviewing your SSDI application, the social security administration (SSA) will analyze how your condition impacts your ability to work. The SSA does this by reviewing your medical records. Oftentimes, your medical records are what delay your disability application status. Here’s why.

Free SSD Case Evaluation | LaBovick Law Group& Diaz Recent Medical Evidence Key to SSDI Application

Medical evidence is the main player in determining an individual’s disability. This evidence can include physical examinations and treatment notes, mental health records, laboratory testing, imaging studies including MRIs, CT scans, x-rays, etc. There is a long list of what counts as medical evidence. The bottom line is to win your disability claim, you need to see your doctor on a regular basis so as to ensure sufficient medical evidence for your SSDI application.

One thing to keep in mind is that the SSA will only consider recent medical evidence. Meaning, medical evidence from the time you stopped working through the present. What the SSA will not consider are medical records from 20 years ago or medical records during a time that you were able to work. The SSA will not go through your “entire” medical history. Typically, the SSA will consider medical records one year prior to your alleged onset date.

Accurate, Legible, Accessible Doctor’s Notes

Another thing to keep in mind is to make sure your doctor is taking accurate notes. This may sound absurd, but you would be surprised to learn what the doctor says to you verbally in your visit is not what he/she transcribes in his/her notes. Sometimes the notes can be as limited as to say what your diagnosis is and outline a plan or recommendation, leaving out the actual examination the doctor performed of you. This is the most important part of the record for social security disability purposes. The examination, whether physical or mental, is where the SSA finds your limitations. So, while it is important to go to the doctor to build your medical file, it is also just as important to make sure your doctor is properly documenting your condition to prevent a delay in your disability application status.

Social Security Disability Attorneys | RFC Assessment | LaBovick Law Group& Diaz A third thing to keep in mind is whether your doctor is keeping legible notes. Again, this is not something you would generally consider. But if your doctor is keeping handwritten notes that are difficult to decipher, the SSA will not be able to use those notes in reviewing your SSDI application. No matter how good you think your treatment with the doctor is, if the notes are illegible, they simply will not help your claim. So, make sure your doctor is typing or transcribing his/her notes, rather than keeping them handwritten.

A final thing to keep in mind is how difficult it is for your doctor to release his/her treatment notes. Some physicians refuse to release treatment notes without a subpoena, while other doctors take three to five months to release their notes, and still others charge a fee to release treatment notes. It is certainly worth asking at your next doctor visit how you should go about obtaining a copy of your treatment notes to prevent any delay in your disability application status. The sooner you are able to get a copy of those notes to the SSA, the sooner the SSA will be able to review them. This is not to say if you send your medical file to the SSA tomorrow that the organization will make a decision by the end of the week. But it will certainly cut out some of the wait time if you submit your medical records to the SSA as soon as possible.

If you are having difficulty obtaining medical treatment, but think you have a condition that prevents you from working, contact LaBovick Law Group and we will discuss your situation with you. Or, if you are simply having difficulty with your SSDI application, we can help with that too!

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.