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March 19, 2015

Objective Testing and Your Social Security Disability Claim

Proving you are disabled to the Social Security Administration (SSA) is not always easy.  Before the SSA will even consider how your symptoms affect your ability to work, you must show that you have a “medically determinable impairment.”  Telling Social Security that you have pain or fatigue or memory loss is not enough, by itself, to establish a medically determinable impairment.  You must also be able to provide objective evidence that explains why you have those symptoms. The most direct evidence you can provide is objective test results.  These tests might include: Magnetic Resonance Imaging (MRI) and X-rays: these tests show the location and severity of physical damage to your musculoskeletal system that might cause symptoms such as pain. Electromyography (EMG) and nerve conduction studies: this type of test shows whether you have nerve damage that might cause symptoms such as pain, numbness, or weakness. Electroencephalography (EEG): this test helps to show abnormal activity in your brain that might cause symptoms from seizures or sleep disorders. CT Scans: these tests show damage to your organs that might cause symptoms such as pain, shortness of breath, or fatigue. Blood tests: these tests can show the presence or absence of different substances in your blood, which in turn can help prove that you have certain anti-immune disorders or other diseases. Stress tests: these tests measure the effects of exertion on your heart and can help quantify the severity of your cardiovascular symptoms. Echocardiograms: the results of these tests can show abnormalities in your heart that might cause symptoms such as chest pain, shortness of breath, weakness, or fatigue. Not all medical conditions can be proven using objective testing, though. Mental health disorders, migraines, fibromyalgia, and pain disorders are notoriously difficult to prove because there are no reliable tests available to confirm them … Continued

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September 1, 2014

Medical Expert Testimony at Your Social Security Disability Hearing

When the day finally arrives for your Social Security disability hearing, you may find that the Administrative Law Judge (ALJ) has asked one or more doctors to testify about your ability to do work-related activities. Some, but not all, Administrative Law Judges call on medical experts to testify at hearings. You may be wondering how a doctor who has never seen you before can testify about your medical conditions and how they affect your ability to work.   In my experience, medical expert testimony at a disability hearing has both advantages and disadvantages.  An experienced disability attorney knows how to prepare for a hearing to maximize those advantages while defending against the disadvantages. Some doctors who testify at hearings appear in person, but many testify over the phone. Social Security pays each medical expert a flat fee to review a claimant’s medical file and provide unbiased testimony at the hearing.  In my experience, the Social Security Administration (SSA) has difficulty finding qualified doctors to testify; most practicing physicians have neither the time nor the financial incentive to work as a medical expert for Social Security.  Most of the doctors I see at hearings are retired general practitioners.  While  the ALJs typically request testimony from doctors who specialize in the claimant’s impairments, it is often difficult for Social Security to find such a specialist who is available to testify. Each medical expert at your hearing is expected to have reviewed all of the medical records in your file and be prepared to present his opinions on the following issues: Your medical diagnoses Whether your impairments meet or equal the definitions set out in Social Security’s “Listing of Impairments” The physical and/or mental work-related limitations caused by your impairments The ALJ will likely ask the medical experts some additional questions, and you or your representative will have an opportunity to ask questions as well. Many judges … Continued

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