Thursday, May 10, 2012
Overconfidence in Winning Your Social Security Disability BenefitsOverconfidence in one's case can can cause a strong Social Security disability case to lose. I have heard many times from
individuals that they did not need a lawyer or to learn what they have to prove to win since they were clearly disabled. Many
times the individuals are correct that they are clearly disabled due to their medical conditions however, because of overconfidence
they relied on Social Security to get the medical evidence and make the case for them. Many times these individuals become
very disappointed when they get an unfavorable decision. You need to take it upon yourself or get a lawyer to make sure all
of the relevant medical evidence is in your file. Social Security will tell you they will get all your records and many people
accept this and do nothing for their case. In most cases, Social Security will send for your medical records but that does
not mean they will get them in a timely fashion or make the kind of effort you would make to make sure they are part of your
file. Social Security will also almost never request a report or residual functional capacity form from your treating doctor.
Opinion evidence is extremely important in a Social Security disability case. A doctor's opinion letter or RFC will show what
your limitations are from your medical condition. If you leave everything up to so security your records may or may not be
in the file and the only opinion evidence will probably be from a Social Security consultative examiner and not from your
treating doctor. I have seen many cases that I've taken over where clients lost previously even though they should have won
but there was either medical records missing from the file or there was no opinion evidence from a treating doctor. There
are certainly cases that are so strong that an attorney is not required for you to win, however even in these very strong
cases it is extremely important for the individual to stay involved in their case to make sure all the evidence that proves
they are disabled is in there social security file. It has been my experience that most cases that are extremely strong will
win their Social Security disability benefits at some point but overconfidence in your claim can often lead to months if not
years of delay in getting those benefits you deserve and need.
6:37 pm edt
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