Don’t Suffer in Silence: How your medical record can make or break your claim

We are fortunate in this country that our government provides assistance to those members of society who are no longer able to work due to a disability. The federal government’s Social Security Disability program acts as a safety net for those individuals by providing:

• Monthly stipends for the disabled person;
• Monthly stipends for qualifying family members;
• Medical coverage under Medicare.

Getting approved for Social Security Disability benefits is a long and complex process, rarely taking less than a year, and often more than 2 years.

Unfortunately, it is a process often frustrated by the fact that many claimants do not get medical treatment. Perhaps they have given up or they’ve simply accepted their diminished physical capacity, but once a person stops going in for medical treatment no more medical records will be produced. No medical records means it is very difficult to prove the case to Social Security Administration.

For example, someone might have a disabling back condition for which they have gone to the doctor many times. When it turns out that nothing can be done except medication, they stop going to their doctor. They simply refill their prescriptions and go on like that for months, sometimes years - and there are no medical records  documenting that disability for that time period. Although they may be suffering, the person is suffering in silence because it’s not being documented in a doctor’s medical chart.

Social Security wants to see that a claimant is continuing his or her medical treatment because they want to see that he or she is at least trying to get better.

Often, in addition to physical disabilities, there is the added obstacle of a mental impairment. For instance, someone who is in excruciating pain every day may eventually fall into a severe depression. Depression, too, can be a disability under Social Security regulations - but there has to be a medical record of it. Sadly, the stigma associated with mental illness causes many people to forgo treatment. We encourage them to do so not only because it will help them get better, but it will also strengthen their case.

Our firm brings the extensive legal and medical expertise required to evaluate your claim. We have the litigation and courtroom experience necessary to pursue your claim successfully on your behalf. For more information, click here or call 888-743-1606.

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133