The FIRST TIP to help give yourself your best chance of winning is to make sure you submit ALL relevant medical records to your attorney or Social Security.  Relevant medical records are those that pertain to your illness or injury from one year prior to the date you became disabled up through the present This includes all tests performed such as MRIs, X-Rays, blood work, EMGs etc..  Your records should include your doctor’s treatment notes, any emergency room visits and hospital admissions.  If you have a doctor, who believes you are disabled, try to get him or her to give you a detailed written report of your condition and how it affects you.  This can be extremely persuasive in helping you win your Social Security benefits. 

The THIRD TIP to help increase your chances of winning is to continue to get medical treatment and take your prescribed medication(s).  Many claims are denied because claimants stop seeing their doctors or stop taking their medication.  Social Security, when making a disability determination, will frequently make the wrongful assumption because you are not getting treatment and/or you’re not taking your prescribed medication that your condition must not be that bad.  The rules state that Social Security must consider why an individual is not following a prescribed treatment or medication regime.   However, my experiences have shown that lack of treatment or failure to take your medication only hurts your chances of winning Social Security Disability or SSI benefits. 

The reasons that many people don’t take their medication vary.  Often times it is simply financial.  It makes sense, if you cannot work because of your disability, then you cannot afford to continue to get treatments or medications.  However, as you know, it is extremely important for both your condition as well as your claim that you get regular treatment.  Do the best you can to get treatment, there are numerous programs that you can get help from such as medicaid and charity care, if you qualify. When you do see your doctors, make sure you tell them that you are pursuing Social Security benefits.  Be sure not to go overboard.  When I am reviewing medical records in a Social Security disability claim, there are few things more disheartening than seeing (in a doctors treatment notes) that the patient is obsessed about getting disability.  Finally, when you do see your doctor make sure that you tell your doctor your problems and how they are affecting you.

The FIFTH TIP is for the consultative exam.  Tell the CE doctor all of your medical conditions.  If it is a CE for physical problems he will perform a physical exam.  Keep in mind he or she is observing you the whole time you are there.  If  it is a CE for a mental condition you can expect to be asked a series of questions and he or she will be observing everything from how you answer the questions, your mood, your demeanor, and your appearance such as how you are dressed, are you showered, is your hair done, are your nails painted etc.  When answering the questions keep in mind that these doctors have seen hundreds if not thousands of claimants trying to get disability benefits don’t try and fool them by purposely giving ridiculous answers.  If you do, chances are that the doctor will note it in his report that your answers were contrived.  Not only is this dishonest but this could be fatal to a disability claim.

Another piece of advice on how to win Social Security Disability or SSI is to remember if you don’t meet a listing and you are under 50 years old or you are 50 years old or older but had past relevant work that is considered sedentary your non-exertional limitations become even more important.  You will have to show that you can’t even do a significant number of sedentary jobs.  Some important examples of limitations to show this are: an inability to sit for long, any mental limitations (difficulty with concentration, memory, dealing with people, etc.), limitations in reaching and use of hands and inability to stoop.  Saying you have these limitations is not enough it must be supported by the medical evidence.  RFC from your treating doctors can help here.

The most important thing to remember is that medical evidence including Residual Functional Capacity Forms (RFC forms) also called Ability to Do Work Related Activity Forms is the key to winning Social Security Disability or SSI.  It is the responsibility of the person trying to get disability to show that he or she has an impairment and how severe that impairment is.  The Social Security Administration will help in getting evidence but don’t leave it up to them.  Your medical evidence should come from “acceptable medical sources”.  Acceptable medical sources include licensed physicians (medical or osteopathic doctors), licensed or certified psychologist, licensed optometrist, licensed podiatrist, and qualified speech language pathologists.  Additional evidence not from an acceptable medical source such as a Chiropractor will be considered, but it is given considerably less weight.  In other words, if for example, you have a back problem.  If you are seeing a chiropractor, make sure you are also seeing a medical doctor and preferably an orthopedist.  Both will be considered, however, the orthopedist will be given considerable more weight than the chiropractor.  Social Security will also want hospital, clinic and other health facility records.  Your most important medical evidence will come from your treating sources.  If you want to win your disability benefits make sure you have evidence from your treating sources.  Social Security places special emphasis on evidence from treating sources.  A well written report detailing your condition and treatment along with your treating sources treatment notes and an RFC from him or her will go a long way to improving your chances of winning your Social Security Disability or SSI benefits.

If you want to win your disability benefits continue to read this site and Social Security’s website and become as knowledgeable as possible about winning Social Security Disability benefits.