The most important piece of information used to decide your Social
Security disability claim will be your doctor's progress notes. I hate
to say be careful what you say to your doctor - but be careful what you
say to your doctor. Your conversation will often end up in your medical
chart notes and will be carefully reviewed by decision makers at Social
Security, especially by an administrative law judge if you go to a
hearing.
Decision makers must use Social Security Rule 95-7p to evaluate the credibility of the claimant. In short, they have to decide whether you are telling the truth, whether you are exaggerating or trying to make your symptoms more severe than your doctor says they are. The information you provide in your application forms will be compared to the information in your medical progress notes.
I had a claimant who told his doctor that he was helping a neighbor remodel his home. The doctor noted this in his progress report without further explanation. The fact is, my client has a background as a carpenter and is knowledgeable about building. He occasionally walked over to his neighbor's house and gave him advice. He never hammered a nail, lifted a tool or picked up a board. What he did had no bearing on his disability claim and should not have prevented him from receiving disability benefits.
We explained this, of course, to the judge. However, I feel credibility questions were still there. The judge took the attitude, if this man is able to help remodel a house, he does not need to be on Social Security disability. You can explain and clarify - but questions may still linger. Unfortunately, doctors take very short, cryptic notes and don't always adequately explain statements from their patients. Therefore, be careful.
Decision makers must use Social Security Rule 95-7p to evaluate the credibility of the claimant. In short, they have to decide whether you are telling the truth, whether you are exaggerating or trying to make your symptoms more severe than your doctor says they are. The information you provide in your application forms will be compared to the information in your medical progress notes.
I had a claimant who told his doctor that he was helping a neighbor remodel his home. The doctor noted this in his progress report without further explanation. The fact is, my client has a background as a carpenter and is knowledgeable about building. He occasionally walked over to his neighbor's house and gave him advice. He never hammered a nail, lifted a tool or picked up a board. What he did had no bearing on his disability claim and should not have prevented him from receiving disability benefits.
We explained this, of course, to the judge. However, I feel credibility questions were still there. The judge took the attitude, if this man is able to help remodel a house, he does not need to be on Social Security disability. You can explain and clarify - but questions may still linger. Unfortunately, doctors take very short, cryptic notes and don't always adequately explain statements from their patients. Therefore, be careful.
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