Why a Diagnosis is Not Enough - Your Medical Records Must Say More

Рет қаралды 25,720

Күн бұрын

If you hope to win Social Security disability benefits, your medical records must include more than a diagnosis. You can have multiple herniated discs, insulin dependent diabetes, congestive heart failure and chronic depression but you won’t win if your doctor says nothing about how your capacity to function has been impaired.
As I discuss in this video, you can greatly improve your chances at winning if you ask your doctor to include comments in your medical record about problems you are having with daily activities due to your medical condition, medications and other prescribed treatment.
Your doctor may not think about including statements about your limitations sitting, standing, walking, lifting, carrying, pushing, or pulling. If you don’t say anything your doctor won’t know about your need for lying down rest breaks during the day, or your pain at a level that makes it impossible to focus and concentrate.
These practical problems that you live with on a day to day basis are critically important to Social Security since SSA defines disability in terms of how your medical issues impact your capacity for work.
Your doctor will not be thinking about your SSDI claim but you must keep SSA’s requirements in mind whenever you visit your doctor. #residualfunctionalcapacity #howtowinsocialsecuritydisability #socialsecuritydisabilityhearing
===============FREE SURVIVAL KIT====================
Don’t know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
www.ssdanswers.com/Survival
==============================================
==============FREE CASE EVALUATION=================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
www.ssdAnswers.com/Contact
===============================================
=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: www.ssdAnswers.com
Facebook: / ginsberglaw
Telephone: 800-890-2262
www.ssdAnswers.com/Contact
=================================================
**Click Below to SUBSCRIBE for More Videos**
kzfaq.info_...

Пікірлер: 94

@ILbodine 5 жыл бұрын

I want to thank you. I have spinal stenosis. I watched every one of your videos before applying for SSD. Of course, I was rejected the first time. So I hired a local attorney, he told me it would take at least 18 months. But since I had all of my documentation, medical and MRI and all of my doctor's records, I was approved. I was shocked to get a check in the mail last month. I called the attorney and he said I owed him nothing. If you follow the rules, and you have a good case it can happen. I do appreciate your guidance through the process. I feel I may owe you something for that.

@Traceyi1000 5 жыл бұрын

Congrats! Did you file an appeal on your own then? Can you please tell us what you did when you were denied and then told by the attorney that it would take 18 months. I'm so glad you didn't have to give any attorney any of YOUR money. I have spinal stenosis, DDD , osteoarthritis of the spine and other things that are on the list. Congrats and so happy to hear. Please let me know if you can.

@Martha-km1of 4 жыл бұрын

@Jeffrey Lenhardt. Do you mind if I ask a few questions? Did u get a functional capacity long form u had to fill out? If so, what happened next? Did they then send u to see a doctor of their choice or what exactly was your process? See a judge or never had to? How long did it take? I hope you can pls explain your process, I have no idea what to expect.

@danielsantana540 5 жыл бұрын

Yeah mr Ginsberg. The diagnosis alone is not enough to guarantee a victory . They have to have explanations on how it all affects your ability to work .this video was very informative

@ssdattorney 5 жыл бұрын

Exactly - you are correct.

@onmilo 5 жыл бұрын

You are absolutely correct. At my positive outcome hearing functional capacity was definitely reviewed. I had provided medical records through my attorney from inception of injury to a Physical Therapist evaluation six months after my injury as well as Doctor reassessments at one year and again at 19 months after my injury occurred documenting no major improvements. This also helped the judge to decide favorably concerning my back pay which he allowed all the way back to the date of my injury. HTH

@B-bop_1027 4 жыл бұрын

My doctor filled out my rfc forms and they exsplain how my anxiety and depression keeps me from working.just waiting on a court date now.

@scooter5480 5 жыл бұрын

I worked at a VA medical center for 8 years. I can tell you exactly why there's so much duplication in the VA records. In one word, accountability. Everyone in the place is so worried about being held accountable to the point of going overboard with everything. They also constantly worry about liability for everything. There's a saying at the VA. The right way, the wrong way, and the VA way. That's exactly what the issue is.

@ssdattorney 5 жыл бұрын

That makes sense to me.

@gasparvillicana1058 4 жыл бұрын

Thank you for all you help and so much advice! God bless you! I have my 2nd hearing coming up...I believe I should win my disability case this time and start getting my disability cash benefits!

@sarahsmile6581 4 жыл бұрын

Your videos and explanations are great. Your time is so greatly appreciated.

@thaumaturge47 4 жыл бұрын

My attorney made me give a functional capacity report and a Statement on the Listing to my specialist EVERY YEAR!! Attorney told me these completed forms are absolutely ESSENTIAL!

@ssdattorney 4 жыл бұрын

I would agree. You are fortunate to have such a helpful doctor.

@Von57 5 жыл бұрын

Your videos were very helpful in winning my ssdi at the hearing level. Thank you

@ssdattorney 5 жыл бұрын

You are very welcome.

@bamamoondog9039 5 жыл бұрын

Excellent information...

@ssdattorney 5 жыл бұрын

Thank you.

@danielsantana540 5 жыл бұрын

Mr Ginsberg I have watched your videos for a while now and I have learned a whole lot

@ssdattorney 5 жыл бұрын

I'm glad you have found them helpful.

@MrJking065 3 жыл бұрын

When I told my Family Doctor and told him I was applying for Disability. He said get him the form and he will fill it out.

@ssdattorney 3 жыл бұрын

Forms from family doctors won't hurt but you are much better off with treatment and forms from a specialist.

@redgozilla6698 5 жыл бұрын

It makes me cry every time u talk about the va and how they keep records.

@ssdattorney 5 жыл бұрын

Yes it is very frustrating and I'm sure it is equally frustrating for the hardworking doctors, nurses and other staff at the VA who have to follow their outdated rules.

@kristysokoloski9089 5 жыл бұрын

The Functional Capacity Exam can get tossed out as well. I have heard from some others that had Functional Capacity Exams and Social Security (Judges included) they won't accept it. Not sure how common that is but was very surprised to hear that.

@ssdattorney 5 жыл бұрын

I have never had that happen to me. SSA uses a FCE form internally so I don't know how or why a judge would not accept one. A judge might not accept the findings but I have never heard of a judge refusing to accept an FCE form into evidence.

@kristysokoloski9089 5 жыл бұрын

@@ssdattorney exactly. I could not understand it either. One girl said that SSA staff in the Determination section when they got her file threw the FCE ordered by her doctor away. With my Case they only got two pages so when I sent my Case back up to the ODAR Office this round they sent me a very short summarized list and that is how I found out that they only got two Pages of it. As for these people telling what I said above I don't know if they just do not like all the Rules and such that goes with the process but they show yet again they have no clue how this works.

@mrriley8251 5 жыл бұрын

Seeing how SS denies 60% of disable claims. How can you not see that happening.

@michellewoods7299 4 жыл бұрын

Hi, Thank you so much for all your informative video's. I have a question. I've had a lawyer working on my SSI for 2 and a half year's now, i have a hearing in July. Up until now i haven't heard or known about this work capacity statement. Will my lawyer make sure i have this before the hearing? I have many mental issue's, hence the reason i applied, should i print out one myself and take it to my doctor and have him fill it out? If so is there one for mental AND physical or is there just one? Also, is there any work capacity statement i can get from my psychiatrist due to my mental issue's, that would be a benefit at all? Thanks so much. Keep up the great work

@cfoster6804 5 жыл бұрын

This is off topic but you have nice hair Mr. Ginsberg🙂

@ssdattorney 5 жыл бұрын

Thank you. I have a haircut scheduled for this Friday and I'll let my stylist know that against all odds he has made me look presentable!

@eloise7600 4 жыл бұрын

Social Security Disability videos I truly appreciate your sense of humor. Wonderful and funny guy to be an attorney!🤣

@deniselopez7655 5 жыл бұрын

My daughter is 18 yrs old , they just denied her case for second time, the denial stated the it was proper under the law. She has 4 bulging discs, depression, anxiety and IBS. She is not able to keep a job due to conditions. Am looking for a lawyer now to help us with an appeal. Should I ask her doctor for a functional capacity evaluation?

@yeseniaward1319 5 жыл бұрын

I applead the jugde's decision with the applea consule. My case was remanded back to the judge. My doctor fill out a form saying that I was permanently disabled. Is that consider a function capacity evaluation? I'm a nervous reck. My hearing is in 2 weeks, with the same judge.

@ssdattorney 5 жыл бұрын

THe form from your doctor needs to say more than "Yesenia is disabled." It needs to identify specific activity limitations that arise from your medical condition. Most FCE forms are 6 or 7 pages of questions.

@lmarvel4431 3 жыл бұрын

Waiting on my Dr's narrative report now to give to DOL. I had functional capacity exam saying after 17yrs I'm unable to perform my job. I was approved for carpal tunnel syndrome in both limbs. EMG x2 states not that although but 2 physicians said possibly tendonitis, bone, and musle damage.😬 Workers comp federal still have me working with braces and sleeping with too. Barely functional at home depend on kids and coworkers cover for me at work. I got through a co-worker attack on job herniating couple discs in my neck 16 yrs ago and suffering ptsd. I said I would work until i couldn't anymore. I guess nows the time. Should i use the narrative report from dr to apply for SSDI on job at VA? Or will they continue my pay? I have short term and long term disability plans after that attack on job.

@jflsdknf 3 жыл бұрын

I don't understand why we should be kept from benefits just because our doctors might not include every single thing we've reported to them in their notes. The only thing my dr noted about work ability is "She is looking to cut back her work as this exacerbates her symptoms." The rest is about my diagnosis and treatment. Do you think this is enough or should I be literally telling her what I need her to note down?

@gracie100404 5 жыл бұрын

How do Functional Capacity Evaluation? Which doctor? Does it cost money? Also what is the difference between a statement in your medical records vs FCE?

@pickpac1 5 жыл бұрын

FCE is one way to win your disability case but what if one of your medical problems meet a listing or you meet over 50 Grid rules? Will the judge still apply work capacity?

@ssdattorney 5 жыл бұрын

Good question. My experience has been that judges like to approve based on the grid rules if they can. They will approve using a listing theory if the medical supports it. BOth the grid rules and the listing theory would require less explanation by the judge so they will use these 2 if they can.

@billthompson5644 3 жыл бұрын

I have saved quite a few of your videos to my library, but I have a question, why do I hardly get any of your videos anymore?

@ssdattorney 3 жыл бұрын

Bill I post just about every week. Click the bell to get notified of new videos.

@chrislong2204 3 жыл бұрын

VA medical records are notorious for being inaccurate and VA doctors absolutely shy away from diagnosing veterans, as they could inadvertently help a veteran's disability claim by doing so. I would recommend joining a medical or drug study (free medical care and sometimes mileage or compensation), signing up for a low cost health clinic out in town (a local one we have lets you pay $35 a month with $12 co-pay visits), or applying/qualifying for state Medicaid FIRST with your disability (same rules of medical evidence AND low income will apply as for SSDI/SSI) and using that coverage to seek additional health care away from the VA and in addition to your VA health care. Layering a VA doctor's care with several other providers will ensure a more accurate picture of any veteran's diagnosis and true limitations. Health care is not exactly out of reach if you have limited income.

@bernardlittle2220 3 жыл бұрын

How can I get help with getting disability for blood clots in the lungs

@user-sn3ek4vj2j 5 жыл бұрын

What can you do when you have a list of problems with you , for example I have osteoporosis, etc, have been through excessive tests, xrays, mri's, the doctors acknowledge I'm in excessive pain, have done nerve testing, epidural injection and still nothing helps my pain and the doctors cant figure it out either and have ruled out psychological pain as well. How can someone in my position prove that I am unable to work if the doctors cant figure out the main cause of my pain in addition to the other physical issues I have. This is starting to feel impossible. 😔.

@ssdattorney 5 жыл бұрын

Idiopathic pain can be disabling - see kzfaq.info/get/bejne/e5xhmpOHq-DNm3U.html and your doctor can discuss functional capacity limitations arising from idiopathic pain.

@thomasjensen6243 5 жыл бұрын

Subjective evidence is not good for your case in today's environment.....The SSA wants objective evidence.

@kristysokoloski9089 5 жыл бұрын

@@thomasjensen6243 agreed, and unfortunately that is not always possible.

@rujiabegum9681 5 жыл бұрын

I will disabled how many times I will say no help somebody on my reconsiderattion iam helpless

@dogsareme100 5 жыл бұрын

What about if someone literally has a doctor ( especially a specialist) who literally says this person is terminal there is NOTHING that can be done treatment wise. I mean clearly if the doctor says this person is on various strong pain medications there is nothing else we can do but him or her comfortable in his or her final days weeks or months would it not be clear enough that with statements in the record like that this is basically a TERI case that either was not a TERI case at the time of application or was not flagged as such as crazy as it is that it needs to be). Why on Earth would funcational things needed to be listed in the record? ( particularly if the person had a life expectecy of less than six months or a year.

@laweritadesinaloa3487 5 жыл бұрын

I'd suppose this person would be approved immediately based on what happened with a friend of my family. She was diagnosed with terminal colon cancer. Doctor said she would only live a few months and unfortunately she did. She was soon approved for social security when she took a sealed doctor's letter to the SSA. She told us she was told she was approved right there. Little did she knew she wasn't going to live for long, her kids never told her what her doctor said...

@GodFirst701 5 жыл бұрын

Can you do a video on federal Appeal for Ssi

@ssdattorney 5 жыл бұрын

Check out my podcast on that topic - www.ssdradio.com/2019/04/04/federal-court-appeal-ssdi/

@Living_EDventures 5 жыл бұрын

I got screwed on my federal appeal. Went back and fourth with a lawyer to take my case which my advocate thought I should truly fight. The lawyer I talked with wanted a Cd of my case which I had to go back and fourth to get and ran out of time. They kept saying I will call you back but would not say if they would take my case or not and did not return my last call or answer the day before my deadline. My Advocate said she never had someone request a Cd before for an appeal. My Advocate is currently filing a new claim, but what a huge waste of time when I had numerous diagnosis with evidence and notes about very limited capacity concerning my heart and legs blockages. Sure has me highly depressed. My heart doctor is the one who suggested I apply in the first place.

@joerankin5064 5 жыл бұрын

Do the judges look at facebook?

@ssdattorney 5 жыл бұрын

Ann, respectfully, I don't know if I agree with your point. What if your FB has an old photo that someone at SSA might take out of context? Is it reasonable to rely on anyone's FB page for an accurate picture of their capacity to function at a job?

@shawnavis687 5 жыл бұрын

My hearing went quick maybe 30 min tops the alj asked 2 questions she said yes both times then both times he changes the limitation from frequently to occasionally reaching. I know you hate this because you wernt there but how do you think my chances are.

@ssdattorney 5 жыл бұрын

Shawn, I don't mind you asking but I just don't know. The more times the VE says "no jobs," the better.

@amycuaresma 3 жыл бұрын

What about physical and occupational therapy records

@ssdattorney 3 жыл бұрын

Those are relevant and should be part of your medical record/case file.

@shawnavis687 5 жыл бұрын

Afyer he changed the limitation she said no jobs both times

@ssdattorney 5 жыл бұрын

That is a positive for your case.

@silkcustoms520 5 жыл бұрын

Hello John. Can I contact you.

@ssdattorney 5 жыл бұрын

Sure - ginsberg@gmail.com

@flippingforreal109 5 жыл бұрын

I am coming up on my SSI & SSD review soon and I will be 53 or 54 depending on if they review me before Dec 2020 or after, so all in all what do I need to continue to get benefits.

@eloise7600 4 жыл бұрын

forrealgirl 42 How did it go? Hope it all went well.

@shamusyasharahla8116 5 жыл бұрын

For some reason i can't like your videos. Weather you know it or not you are my ssi lawyer. I've watched all your videos, and hired a lawyer based on your advice. I wish i could have hired you, but thank you for what you do

@ssdattorney 5 жыл бұрын

You are very welcome.

@bluesdirt5889 5 жыл бұрын

What would happen if after 10 yrs. of seeing a doctor you change doctors because of no support . Just received first denial .

@ssdattorney 5 жыл бұрын

Doc #1's records are part of your file and Doc #2 can certainly reference them when offering an opinion about your medical history and prognosis. With the way health insurance works, SSD judges frequently see claimants who have had to change doctors so it is not a huge deal.

@mrriley8251 5 жыл бұрын

When it comes to a work compacity functionality is this something that Social Security will ask for? If they do then is it not by law the doctor has to provide them? I am a disabled veteran and have seen that the VA doctors do not like getting into the middle of this. If this is something that Social security truly needs to make a disition. Then why do they not just pass another law within all their laws. That demand all doctors to give information in the form they want. As an example. Someone who has a mental disorder. Instead of getting the 3 to 18 months of treatment records. The doctor just sends one page in that says gets violent when triggered. One sentence easy said and done. Someone in a wheelchair. Is unable to use their arms in anyway shape or form. One sentence. Once again. I know SS has many laws that they follow. If this is the big issue how do we as a population of more then 10 million. Get SS to make the law understandable to all doctors. Obviously doctors do not understand what Social Security is looking for. So nearly 60% of people who are disabled are left to defend for themselves. What would your suggestion be to those 60% of people to help change the law so doctors have to answer the question the way Social Security makes a decision?

@ssdattorney 5 жыл бұрын

You make a very good point - SSA judges need specific evidence from doctors but there is no way to compel doctors to provide it. In many ways, lawyers like me try to solve this problem, which is why it is so difficult to win without a lawyer. The problem is that I don't think SSA has any way to force doctors to cooperate and you, the claimant, have to pay a lawyer to try to get the needed evidence.

@masonamaitiswritten5305 5 жыл бұрын

My arthritis specialist will not put in my records anything about limitations. She keep saying I have to get a functional compassity evaluation which cost $1,446 out of pocket and insurance do not cover. I dont have that kind of out of pocket money. I had a crying spell at trial but it did not help my case nor the fact that I have degenerative join disease, Spinal Senosis, bulging disk and Hypertension that is elevated and uncontrolable. elevated

@BipolarCorner 3 жыл бұрын

Judges needed this information in 2007 so ???

@philippineparadisechronicl411 5 жыл бұрын

What’s the difference between SSI and SSDI ?

@ssdattorney 5 жыл бұрын

See www.georgiasocialsecuritydisabilityattorney.com/general-info/ssdi-ssi-difference/

@thomasjensen6243 5 жыл бұрын

SSI is a welfare program for individuals with limited assets and income. SSDI is insurance that you purchase via your income to help support you if you should become severely I'll or severely injured before retirement age.

@thomasjensen6243 5 жыл бұрын

Torn patella...??? A patella is a bone.

@ssdattorney 5 жыл бұрын

Good point - I should have said the soft tissue under the patella.

@thomasjensen6243 5 жыл бұрын

@@ssdattorney just giving you a hard time. I cracked my patella right down the middle playing football my junior year of high school.

@jenniferlea7878 5 жыл бұрын

What kinda advice can u offer for those of us who have been targeted unfairly, and are having to defend our disabled status after being sent to a rigged evaluation from the state? Here in Kansas the DCF is also tied into the ss administration. They will deny it but I've seen it in the legislative post audits that DCF was handling the DDS. Now recently I wrote a letter and attached it to an update on my medical condition that they needed. In that letter I accused the state DCF of taking over $8,000 of my backpay for services I never once received bc I was exempt from the vocational rehab stuff since I was so messed up. They had even denied helping me w school....no housing help either the whole time. Anyways, right after I turned that stuff in, the DCF and SS tell me that I need to basically start the whole process over and sent me to two docs. Idk what the docs said but knew before I even went that they were gonna say I was fine. Now.....what should I do

@SLBVeteran 5 жыл бұрын

Glad that SSA is doing this because it cuts down on fraud. Even tho you deny there is fraud, but it does happen. VA does do C&P Exams on TDIU entitlement which does cover work restrictions of service-connected conditions. That can help in SSA hearings. Better to have a IME exam or Voc Rehab exam done at the VA that can be helpful for SSA hearings. Just my 2 cents for today.

@thomasjensen6243 5 жыл бұрын

Yeah, Mr. Ginsberg does believe that SSDI fraud is not much of an issue.....but I have watched so MANY youtube videos of clear cut SSDI fraud and people going to jail. The fraud is probably lessening now because it takes a lot to prove a true disabling condition in 2019 and beyond.

@ssdattorney 5 жыл бұрын

Given the size of the program, fraud is statistically not a huge issue but I don't disagree that fraud does exist.