Social security disability continuation review

Asked over 1 year ago - New York, NY

I have a CDR upcoming.

Should a patient ever ask the medical provider to change something in the medical records he disagrees with?

I have both shoulders with rotater problems, among other health problems (back problem, sleep apnea, depression, anxiety, knee problem and more).

Had surgery on rt shoulder first. In PT, first few sessions indicate 7 pain level out of 10. Then there are about 3 that indicate zero. Then last two visits were 5 and 7.

I never was at zero pain. Should I speak to PT about it?

The shoulder is still in alot of pain. Seeing new surgeon. No more surgery at this point. He called it "pain syndrome". Going for pain mngmnt. He also will now begin treatment and likely surgery on left shoulder.

Is it likely my CDR will see medical improvement and deny me?

Attorney answers (3)

  1. Clint Curtis

    Contributor Level 16

    2

    Lawyers agree

    Answered . Do not request them to change the record or your request could become part of the record. That is not to say that I would suggest acquiescence to whatever the doctor puts in the record. If he is not recording properly or is refusing to help you then find a new doctor that does better work and fire the old one. Get a new one first since the second and third opinions might just mirror your original doctors findings.

    Many doctors that want to stay on the peripheral when it comes to Social Security Disability are a major obstacle. They may be able to treat your competently but overall they are not providing you the assistance that you need. The best thing to do is find a doctor that has your best interest at heart.

    Get a good Social Security Lawyer also. They can organize your record and present the best case possible.

  2. Joe Matthew Queen

    Contributor Level 12

    2

    Lawyers agree

    Answered . A Social Security case is really a battle of the records. It is not uncommon for an attorney to have to deal with records that are unfriendly to a client's case. If the attorney did not have to overcome these hurdles, then the cases would likely not require the assistance of counsel.

    I do not recommend asking a medical doctor to amend the record. Feel free to seek a second opinion or see the doctor again with new evidence. Remember, a skeptical judge is the final decision maker in the case. If you have a doctor who does not believe that your case is credible, then you need to find a doctor who understands your case, or you need to evaluate how you are presenting yourself to the medical examiner. If a judge sees the patient attempting to influence the medical provider's unbiased opinion, it is unlikely to convince the judge that you are actually disabled.

  3. Clifford Michael Farrell

    Contributor Level 19

    2

    Lawyers agree

    Answered . I agree with my colleague. Asking a doctor to change your records creates more problems than the actual records, so I generally do NOT want that domne. There are other ways to be more effective that are less offensive to SSA.

    Second, I would suggest you consider getting an attorney. CDR cases are hard enough to win just with a medical improvement standard, but with problems like this, you are already starting in a difficult position.

    You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.

    You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    You may also contact NADR (National Association of Disability Representatives) www.nadr.org– automated Telephone Referral System at 1-800-747-6131.

    Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    I hope this information helps. Good luck to you!
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