Can You Win a Social Security Benefits Claim Without the Help of a Supportive Physician?

Q: Can it hurt your case, if your treating physician does not support your decision to apply for social security benefits?

A: You need a physician who is supportive of your decision to file for disability. He or she will be asked to write a statement that explains your injury, your prognosis and your resulting employment outlook. The disability examiner will be influenced heavily by the supporting materials from your doctor. A cooperative doctor will also be more likely to assist in obtaining medical records on time. It is vital that you seek out a new physician, if your current one does not believe you should be applying for social security benefits. If your doctor becomes unresponsive after you have already submitted your application, find a new one. It will be worth the time you will have to invest to find a new one. There is too much at stake to not have a doctor on your side. You will have an extremely difficult time being awarded social security benefits without the support of a doctor.

Q: Can forgetting to respond to a letter or notice affect your chances of being awarded social security benefits?

A: Yes, missing deadlines or ignoring notices can adversely affect your social security disability case. A claimant who has filed for social security benefits should be sure to immediately open any notices he receives from Social Security. You will receive a letter in the mail when your court date is scheduled for a hearing, for instance. Missing a court date can put your claim in jeopardy. Social security may also mail you a request to schedule a consultative exam. Just like not appearing for a hearing, ignoring a consultative exam letter will only stall the review of your social security benefits claim and may even mean you lose your case. Respond promptly to all correspondence regarding your case. And be mindful of all deadline for appeals, as well.

Q: Does Social Security deny every claim when it is initially reviewed?

A: No, not every application is denied when it is reviewed the first time. A great number of cases, however, will need to be reconsidered or heard before an administrative judge before they are granted benefits. There are many causes for this. Some claimants do not apply correctly or do not have supporting documentation to bolster their cases. Others apply over and over again, instead of filing an appeal. There are claimants who are awarded benefits after the initial review process. There are even more who win benefits after they are heard before an administrative judge. If you have any concerns about providing supporting documentation for your application or meeting deadlines, you may wish to contact a social security attorney.


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