One factor that determines whether you are eligible to receive social security disability insurance (SSDI) benefits is that you will be unable to work for at least one year while you recover. It's important that your application and all supporting documentation is clear that you'll be off of work for a year of more. This is one reason why it's a good idea to have one of your local disability lawyers help you with your initial application for benefits. Here are some of the ways an attorney will help make your case to receive benefits.
Your Diagnostic Tests Must Support the Expected Duration of Your Disability
The tests that the doctors do to determine the precise health problem must show that you have a long-term issue that will keep you from working for at least a year. Your lawyer will make sure that the results clearly document your disability. When there is ambiguity in the diagnostic test notes, your attorney can ask the doctors to clarify their findings. When tests are repeated, they must also be documented as to why the tests were redone and the final diagnosis based on all of the available information.
Your Doctor's Treatment Notes Must Also Support Your Claim
When your doctor recommends a treatment, they must note that it will require time to reverse your disability, if it will at all. Doctor's notes in your medical records to the effect that treatment could have you on your feet and back to work in less than a year will get your application denied. If it's unlikely that you'll be back to work in less than a year, your lawyer will work with your doctors to make sure your medical records reflect that in the physician's notes.
You Must Show Compliance With Treatment Recommendations or Document Clearly Why You Haven't
The SSDI reviewers want to know that you have done everything you can to be treated for the medical condition and get back to work. If you were unable to receive some form of treatment, your attorney will make sure the reasons are documented clearly. For example, your doctor may recommend a treatment available only at a facility in the next state. This treatment may get you back to work sooner than a year. But the cost of the treatment is not covered by your insurance and you don't have transportation to get you there, so it is not possible for you. This scenario or others like it need to be documented thoroughly so the reviewers believe that you are doing the best you can to have your condition treated.
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