What YOU Must Do to Win Your Disability Claim

Obtaining disability benefits from the Social Security Administration can be a difficult process that often requires the assistance of an experienced and knowledgeable attorney. While this is true, the greatest responsibility falls on YOU.

Go to the Doctor Regularly.

When I say go to the doctor regularly, I mean at least once every three months. If you stop going to the doctor, for ANY reason, you are giving a Social Security judge an easy way to deny your claim. Medical records are the primary evidence used to prove a claim and are absolutely critical to a successful case. If you do not have insurance, there are free or sliding-scale clinics available in most counties. Your attorney can help you locate a clinic that can help. Judges know these free clinics exist, so they rarely accept the excuse that someone didn't get treatment because she didn't have insurance or money to pay out-of-pocket.

Stay Away from Drugs and Alcohol.

Drug and alcohol use, even if used infrequently or just recreationally, can wreak havoc in a Social Security claim. This is because if judges find that drugs or alcohol are a contributing factor to a person's disability, then they can turn that individual down for that reason alone. Even if you think Social Security won't find out about drug or alcohol use, they often do. One way they find out is through a person's medical records. A man may casually mention to his doctor that he occasionally smokes marijuana to help alleviate excessive pain, and that doctor then jots that information down in her medical notes. Other times I have seen positive results for THC or other drugs pop up on a report from a routine drug test done for a client's medical condition. If you want to win your claim, it is best to stay away from all drugs and alcohol.

Get Treatment for All of Your Physical and Psychological Problems.

It is easy to go to the doctor and only mention what has been bothering you for the last week or so. That is what people normally do. It is time to change that mindset! You've got to look at every doctor visit as a chance to build up more evidence to prove you are disabled. Tell your doctor about ALL the problems you have every time you visit, even if the doctor has previously told you that there is nothing more he can do to fix the issue. Why do this? Because what you tell the doctor ends up in the medical records and the judge will see your medical records. So there is nothing more that can be done about your sore knee? Tell the doctor it still causes you problems and he'll write it in his treatment notes. Tell him how it limits you day-to-day. When a judge sees these treatment notes, she will realize that your knee is still causing you problems and to what degree it does so. I often tell my clients, if it doesn't show up in your medical records, as far as the Social Security Administration is concerned, it doesn't exist! This same rule applies to psychological problems. Many people deal with depression or anxiety every day, but never mention it to their doctors. Tell your primary care doctor if you are feeling blue or panicked at times, and ask if there is anything medically that can be done. This will only strengthen your case, and may end up helping you feel a little better as well.

Keep a Record of Your Treatment Sources.

Keep a list of all treatment you get - who you saw, when you saw them, and why. This includes doctors, clinics, hospitals, urgent care centers, counselors, physical therapists, chiropractors, etc. When your attorney is preparing for your hearing, she will need to make sure she presents a complete case with all relevant evidence. You will need to let her know the names, addresses, and phone numbers of all your providers so she can obtain complete sets of medical records.