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February 20, 2011

A Few Thoughts About Doctors Not Supporting Your Indiana Social Security Disability Appeal

Social Security disability attorney Scott Lewis has seen doctors that will go to great lengths (usually short of going to your hearing of course) and doctors who refuse to help at all, and everything in between.  So what can you do when your treating physician will not support you in your Indiana Social Security disability appeal? It probably depends on why they will not support you.  There can be a variety of reasons why your doctor won’t support your disability claim.  Perhaps you simply do not get along with your doctor, or your doctor does not believe your disability prevents you from working, or finally maybe your doctor says he/she will help you, but will not assist you with your disability claim when push comes to shove.  In Indianapolis disability lawyer Scott Lewis’ experience, a cooperative treating physician can have a huge impact on you receiving a favorable outcome in your Social Security disability claim. So what can you do when your physician is not willing to help you?  It may depend on your health care coverage.  You may be limited on who you can see pursuant to your medical coverage.  It may help you to discuss your concerns with your treating physician.  Indiana disability lawyer Scott Lewis encourages his clients to try and have a good relationship with their doctor(s).  It is important to remember that physicians are people too and have likes and dislikes like all of us, and it makes sense if they like you they may be willing to go that extra mile for you in helping to establish your disability and your inability to hold down a full time job. Some Indiana disability claimants have the option of switching physicians when they are unhappy with their treating physician.  One of the problems Indianapolis disability attorney Scott … Continued

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December 16, 2010

Your Social Security Disability Claim and Acceptable Medical Testing

Indiana disability lawyer Scott Lewis finds on occasion his clients have a diagnosis without appropriate medical testing to back it up. At times, an Administrative Law Judge (ALJ) will look through your medical record and remark that while it has volumes of records it is lacking appropriate medical testing. To put it in its simplest terms, you may complain of a broken leg, but without an X-ray you may have a difficult time convincing anyone there is actually a fracture.  Some common tests Indiana Social Security attorney Scott D. Lewis finds absent in a disability claimant’s medical file can include but are not limited to those claiming: Fibromyalgia With this diagnosis, Mr. Lewis has found Administrative Law Judge’s often have a hard time getting their hands around this condition without appropriate testing.  Because currently there is no X-ray or lab testing for the diagnosis of Fibromiyalgia, many times tender points throughout the body are used to determine a diagnosis of Fibromyalgia.  A diagnosis of Fibromyalgia may be made when a patient is positive in 11 of 18 of these tender points.  Does this mean you will qualify for Indiana Social Security disability benefits?  Not always, as some Administrative Law Judges are still skeptical as to this diagnosis. Various Breathing Disorders  Pulmonary functioning tests may be beneficial to a claim for a breathing disorder.  A few of these tests can include spirometry and methocholine challenge.  If you suffer from COPD, emphysema, asthma, or any other pulmonary condition you should consult your physician for appropriate testing. Impairments of the Spine  Those Indiana Social Security disability claimants finding they are experiencing a disabling condition due to neck and/or back problems should seek appropriate medical testing such as an MRI.  In Indiana Social Security attorney Scott Lewis’ experience, a MRI can be crucial in … Continued

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December 3, 2010

Can I Win My Indiana Social Security Disability Appeal If I Am Not Seeing Doctors?

Indianapolis Social Security disability lawyer Scott Lewis talks to many Indiana residents every week asking if they can win their Social Security disability claim when they are not seeing doctors.  He usually tells them it is going to be very difficult to get a favorable outcome without good medical records to prove they are disabled.  Without medical records the Social Security Administration (SSA) has nothing to base a decision on that will result in you being granted disability benefits. Indiana Social Security claimants often ask if the consultative examination the Social Security Administration (SSA) administered will suffice since they don’t have their own personal physician(s).  In Indianapolis Disability Lawyer Scott Lewis’ experience, the disability claimant usually cannot rely on a consultative examination for a favorable result.  Anyone who has been to one of these consultative examinations probably has had a similar experience.  Most Indiana Social Security appeals claimants complain the examinations are very short and many times do not even cover the disabling condition(s) the disabled individual wants to be addressed.  In general, it is very difficult to find a substitute for a physician that has seen you for an extended period of time and is familiar with you and your disabling condition. What should you do if you do not have healthcare and you believe you are disabled and unable to work?  While you may receive different advice from different sources, Indiana Disability Attorney Scott Lewis often tells his clients to apply for any government sponsored healthcare program that is appropriate for you, go to your local hospital and find out if they offer a low cost health care program, and search for free clinics that can render health care assistance.  These are just a few options to try and by no means will they always turn up a positive result. … Continued

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October 26, 2010

Will It Help If My Doctor Supports My Indiana Social Security Disability Benefits Claim?

Indianapolis Social Security Disability Lawyer Scott D. Lewis encourages his Social Security disability clients to try to have a good relationship with their treating physician(s).  Generally speaking, it is usually very helpful to have your physicians on your side.  When it comes down to “crunch time” and the Social Security Administration (SSA) is looking for certain medical documents to support your Indiana disability claim, a helpful physician, psychiatrist, or therapist may be just what you need. Indiana Social Security appeals claimants may wonder how their doctor can help their disability claim.  There are a number of ways they may help: 1.  Medical specialists who keep detailed records including progress reports, test results, and the prognosis of your disabling condition, may play an important role in receiving a favorable outcome on your Social Security disability claim. 2.  Indianapolis Social Security Disability Attorney Scott Lewis often asks the treating physicians to complete questionnaires concerning your disabling condition.  Many times, these questionnaires can help pinpoint your disability so that an Indiana Administrative Law Judge (ALJ) can more easily find that you suffer from a disabling condition that prevents you from working. 3.  Your treating physician can provide letters detailing your disability and provide information as to the intensity, duration, and disabling effects of your impairment.  These letters can also provide information regarding the physician’s opinion as to whether you are able to work or not. In Indianapolis disability attorney Scott Lewis’ experience the  Social Security Administration  and Indiana Social Security Appeals Judges usually want to see medical records from physicians that specialize in the area that you are claiming disability.  For instance, a General Practitioner who has diagnosed you with Bipolar disorder usually does not carry as much weight as a psychiatrist, psychologist, or therapist that specializes in that particular area. The past experiences of Social Security disability attorney Scott Lewis have taught him while a General Practitioner’s medical records are good, a specialist’s … Continued

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April 1, 2010

Consultative Examinations and Social Security Disability Benefits

What is a Consultative Examination?  A consultative examination is paid for by the Social Security Administration (SSA) to help determine what disabling condition(s) the Social Security disability claimant may be suffering from. This examination may be performed by a psychiatrist, psychologist, or a medical doctor. The role of the examiner is to generate a report that the Social Security Administration will consider to determine if the disabling condition meets the standards set forth by the SSA to be a disabling impairment preventing the disability claimant from working. This medical professional will not treat you, but instead will most likely question you about your disabling conditions. Do I have to go to the Consultative Examination?  Your claim may be denied if you do not attend the examination. While many Indiana residents complain that the physician at the examination did not adequately evaluate their disability, Attorney Scott Lewis advises his clients to go ahead and “jump through this hoop” in order to move the claim along. Although, it is very important to let the medical professional know all of your disabling conditions and try to explain how these disabilities affect you in everyday life. Can my treating physician do my consultative examination?  Yes, but Attorney Scott Lewis has never seen this done. Perhaps, treating physicians will not accept the low fee the SSA offers, or other reasons may exist. Almost always, the SSA will have a person that has no knowledge of the disability claimant’s condition perform the examination. In Attorney Scott D. Lewis’ Social Security disability practice, almost all disability claimants have similar complaints of consultative examinations. These complaints include: The medical doctor, psychiatrist, or psychotherapist didn’t listen to me and would not even address the actual disabilities I have.  The medical doctor, psychiatrist, or psychotherapist rushed through the examination. The medical doctor, psychiatrist, or phsychotherapist told me that I was disabled and … Continued

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November 3, 2009

Acceptable Medical Sources for Social Security Disability

Are you an Indiana resident filing a claim for Social Security disability?  Are you seeing a medical doctor regarding your disability?  Is your treating physician a nurse practitioner?  It’s not uncommon for claimants to schedule their medical appointments with the medical office nurse practitioner rather than the doctor.  This may affect whether or not you will receive a favorable ruling on your disability claim.   When the Social Security Administration (SSA) evaluates a claim, they will review the medical evidence submitted by your medical sources.  Treatment notes, medical documentation or records must be submitted by “acceptable medical sources.”  The SSA has two categories of medical sources.  There are “acceptable medical sources” and other health care providers that are not “acceptable medical sources.”  It is important to submit medical evidence that was reported by “acceptable medical sources.” “Acceptable medical sources” may include: Licensed physicians Licensed or certified psychologists Licensed podiatrists Licensed optometrists Qualified speech-language pathologists Unfortunately, the SSA does not categorize nurse practitioners or chiropractors as being an “acceptable medical source.”  This means that the medical evidence from a chiropractor or nurse practitioner cannot establish your medical impairment.  Although, information from other sources can be used to support your claim. These other sources may include non-medical sources such as social workers and employers; and public and private social welfare agencies; and other medical practitioners, such as physician assistants, nurse practitioners, naturopaths, and chiropractors. Does this mean that your claim will be denied because you are not seeing an “acceptable medical source?”  Not always, the ultimate decision is in an Administrative Law Judge’s (ALJ) hands.  It is important for Indiana residents to keep in mind the medical sources that the SSA prefers may enhance your ability to receive a favorable ruling.  If you would like a free consultation with Attorney Scott D. Lewis to discuss your Social Security disability claim, call (317) 423-8888.

Filed under: Medical Treatment, Social Security Disability Benefits Claims Process
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