Answering Common Social Security Disability Questions

Welcome to Season 1, Episode 16 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Answering Common Social Security Disability Questions."

Join host Nancy L. Cavey, an experienced disability attorney, as we tackle one of the most common - and confusing - aspects of the Social Security Disability process: getting answers to your most pressing questions. Whether you’re just starting to consider filing a disability claim or are already knee-deep in paperwork and doctor visits, you’re not alone in feeling overwhelmed. In this episode, we’re answering some of the most frequent questions people ask when applying for Social Security Disability benefits. Do you really have to tell Social Security about every medical issue? Which doctors’ opinions carry weight? How far back do your records need to go - and do things like school transcripts, pharmacy records, or information from Short- or Long-Term Disability plans really matter? We’ll break it all down, helping you understand what the Social Security Administration is actually looking for, what your attorney should be submitting on your behalf, and how to use the right documentation to build the strongest possible case. If you’ve been spinning your wheels wondering what matters most in your application - or you just want to make sure you’re on the right track - this episode is packed with practical, straightforward guidance. Let’s get into it - because informed claimants make stronger cases.

In this episode, we'll cover the following topics:

1 -  Do I Have to Tell Social Security About All of My Medical Problems if I Am Claiming Social Security Disability Benefits?

2 - Records and Social Security Disability Claims - What Records Am I Expected to Submit, and What Records Are or Are Not Useful

3 - I Am Seeing a Lot of Doctors! Will Social Security Accept Records and Opinions in My Social Security Case From Physicians, Osteopaths, Podiatrists, Optometrists, Psychologists, Physical Therapists, or Occupational Therapists?

4 - Short- Or Long-Term Disability Information When Applying for Social Security Disability Benefits

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


Need Help Today?:

Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:14]:
 Welcome back to Winning Isn't Easy. Social Security Disability Benefits. I'm your host, Nancy Cavey. Before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I've got to say this. And now that I've said it, nothing will ever prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that can be played during this process, and what you need to know to get the disability benefits you deserve. So off we go.
 
 Nancy Cavey [00:00:45]:
 Now. In the last episode I discussed filing for a hearing, and in today's episode, I'm going to be answering some of the most common questions people have about applying for Social Security disability benefits. Whether you're just sort of thinking about filing a claim or you're ready to do a deep dive into the process, I know that it's normal to feel confused about what's required and how it all works. You may have heard stories from your neighbor about the process. You may know somebody who's getting disability benefits that you can't imagine why those benefits would be paid when you're more disabled than they are. So let's sort of step back from all of this and, and answer some basic questions. One of the questions that I get all the time is do you have to tell Social Security about every medical issue you have? What doctor's opinions really count? How far back do my medical records have to go? What about school records, pharmacy records, or information from a short or long term disability plan? I'm going to walk you through these questions and I'm going to break down what the Social Security Administration is looking for, what you and your attorney should be submitting, and how different types of records can support your claim. And what we're doing here is trying to figure out how to put together a strong disability case.
 
 Nancy Cavey [00:02:02]:
 So here's a great place to start and I'm going to talk about four things today. Number one, do I have to tell Social Security about all my medical problems if I'm claiming Social Security benefits? Number two, records and Social Security disability claims. What records am I expected to submit and what records are or not useful? Number three, I'm seeing lots of doctors and will Social Security accept the records and opinions in my Social Security case from physicians, osteopaths, podiatrist, optometrists, psychologists, physical therapists or occupational therapists? And then lastly, we're going to talk about short and long term disability information when you're applying for Social Security disability benefits. Got it. Now I'm back with a paper and a pencil or a pen to take notes. Okay, so let's take a quick break.
 
 Speaker B [00:02:53]:
 Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:31]:
 Welcome back to Winning Isn't Easy. You ready to get started? Do I have to tell Social Security about all of my medical problems if I'm claiming Social Security benefits? Now look, Social Security uses a five step sequential evaluation. They want to know if you have a severe medical condition that keeps you out of work for at least a year or would result in your death, or whether you've been out of work for a year. They want to know whether potentially you meet a listing at step three. They want to know, based on your restrictions, can you go back to your past work? And they want to know if there's other work that you can do in the mythical, not real world national economy. All of this is based on your medical records because ultimately Social Security is making a determination in part of what your restrictions limitations are both from a physical, cognitive and psychological standpoint. And then they're going to address those vocational issues. So as a matter of course, I recommend my clients to tell the Social Security administration about all of their medical problems, regardless of whether those problems may individually be disabling or not.
 
 Nancy Cavey [00:04:32]:
 Now, you may not think all these conditions are important. I think more is better than less. So if you, for example, you have a heart condition and diabetes, but your diabetes is under control, you may not be thinking about disclosing to Social Security that you're a diabetic or that you've gotten treatment. I think that's a mistake. Because while the diabetes in and of itself may not be disabling for Social Security purposes, the combination of your heart could very well qualify you for your Social Security benefits. That's why I think it's better to disclose everything. Now, Social Security regulations require that you inform them and submit all known evidence that relates to whether you meet the five step sequential evaluation. So you have an affirmative obligation to be honest and complete when you're disclosing this kind of information and the failure to do so and result in a claims denial and it would be difficult potentially to overcome.
 
 Nancy Cavey [00:05:31]:
 So what is your attorney's obligation or representative's obligation to submit evidence? Even your Social Security attorney, even myself, I'm required to obtain and submit all the evidence, including information, medical source opinions, or medical evidence that relates to the question of whether you meet the five step sequential evaluation. And we all can get in big trouble if we don't do that. There is no hiding the ball. I'm going to ask and your attorney or representative is going to ask for a complete list of your medical providers so that you can so that they can obtain your medical records. And once your attorney or representative has access to the Social Security file, they're going to cross check what medical records are in your file as compared to what Social Security has or what you may have told your attorney. Obviously, we want to make sure that this record is ultimately complete as quickly as possible. So it takes four to six weeks sometimes to get medical records. We don't want to be on the short end of this.
 
 Nancy Cavey [00:06:29]:
 We want to be getting these medical records as you're getting treatment. So you can see that gathering medical evidence is the key to getting your benefits. Got it. Let's take a break. Foreign welcome back to Winning Isn't Easy Records and Social Security Disability Claims. So what records am I expected to submit and what are not helpful or useful in my claim? And by the way, how far back does Social Security want to see these records? There's a lot of questions here that we need to get answered. So when you apply for Social Security benefits, you're going to be asked to provide a list of physicians who have seen you so that Social Security can get those medical records. And you're going to be asked to tell them the date on which you believe you became disabled.
 
 Nancy Cavey [00:07:26]:
 That's called the onset date. So you are required to provide Social Security administration with records that relate to your disability. Sounds simple, but it can be hard in practice. So as a starting point, I find that records generally that are a year prior to the date or more than a year prior to the date of onset are not particularly helpful because what we're working from is the date of the onset, the date that we think that you are disabled. Now if you have a chronic long standing medical condition, I want as many records as I can get to show the longevity of this disease process or medical condition and how it's progressed over time. But what I'm really concentrating on is the records for the year prior to the date we're claiming that you are disabled. So in those instances, if you've got conditions like fibromyalgia, chronic fatigue, Ms. migraines, chronic back problems, I generally want it all because we want to show this story about the nature of your symptoms, how your symptoms have changed over time, and how those symptoms have impacted your functionality.
 
 Nancy Cavey [00:08:27]:
 It might be that you've had to change jobs, change job duties, or you've been terminated. And it's the combination of the medical and employment history that will help Social Security make that decision. We want them to understand the progression of your symptoms and medical condition, particularly if there's not a lot of objective findings or an actual diagnosis prior to the onset date. This strategy is obviously different for those who have chronic or undiagnosed medical conditions. And I think if you've got that sort of situation, you definitely need an experienced Social Security disability attorney to help develop this. Now, I'm asked, do I have to submit my hospital records? And the answer to that is, I think that you do. And particularly the Social Security regulations require that you inform them and submit all known evidence that relates to whether or not you meet the five step sequential evaluation, and that includes hospital records. So I'm often asked, well, what's my attorney's obligation to submit these kinds of records? Now, look, hospital records can be hundreds of pages long, and not all of them are relevant.
 
 Nancy Cavey [00:09:28]:
 As a matter of course, I will submit emergency room records, admission histories, fiscals reports of medical consultants, operative reports, path reports, lab works, discharge summaries, and consultive reports. I've got a legal obligation to submit all of this as it relates to your condition, including unfavorable information. I can't withhold documentation. You have to submit pharmacy records, and that's particularly important because if you're having side effects of medication, it's important that Social Security see what's been going on. Now, if you're generally just getting records or treatment with medication, I don't necessarily submit those records, the pharmacy records, but I do if there's an issue of side effects of medication or compliance issues. So that's important because Social Security requires that you get appropriate medical treatment and be compliant with treatment. We want you to be cooperative. We want to make sure that everybody understands the nature of your symptoms and your functionality.
 
 Nancy Cavey [00:10:32]:
 How about school records? They can be important, too. Social Security wants to understand whether you have issues with your ability to read or write, if you have IQ issues. And those kinds of things can be important because if you have a limited education or difficulty reading or writing, that can impact your ability to do other work in the national economy. So we get those kinds of records if we think that's important. So we've covered this. Let's take a break, and we'll be back in a minute.
 
 Speaker B [00:11:07]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security Disability case. Discover how to find and excel experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:11:49]:
 Welcome back to Winning Isn't Easy. I'm seeing a lot of doctors. Will Social Security accept my the records and opinions of my doctors, including osteopaths, podiatrist, optometrist, psychologists, physical therapists or occupational therapists? That's a big laundry list, isn't it? Now I know that winning your Social Security claim involves a lot of medical proof. Social Security is really fussy about what medical opinions they'll accept and what they're going to ignore. The Social Security regulations say that physicians, osteopaths, podiatrists and optometrists are recognized as acceptable medical sources. That means that the Social Security Administration will recognize their opinions in evaluating whether you meet the five step sequential evaluation test to determine if you're entitled to your benefits. So what they won't accept are the opinions of chiropractors, physical therapists, occupational therapists, acupuncturists, herbalists or naturopaths. It's really crucial that you see the right type of physician if you want to win your claim.
 
 Nancy Cavey [00:12:56]:
 Now, that doesn't mean that I don't submit those records. I do because it shows the nature of your symptoms, the impact on functionality, what your complaints were, what testing was done. But they're not going to accept the opinions of the physicians or providers that don't meet the laundry list of who's an acceptable source. So I use it for history, consistency and just part of the story of your treatment. Well, what about the opinions of psychologists, psychologists, including school psychologists sources? And remember, you are required under the Social Security rules and regulations to disclose whether you're getting treatment by a psychologist or a therapist or you're getting any kind of counseling. You know, it might be that you have a back condition and you've had treatment, you're in pain and you're depressed. Social Security is going to want to see not only the medical treatment records you've got for your back condition, but for any psychological or health mental health treatment that you've gotten regarding your depression. So it's important because you could be disabled as a result of your back issues, your psychological issues, or a combination of both.
 
 Nancy Cavey [00:14:12]:
 And I Always want to develop every medical condition, even though you may think it's not disabling. The combination of conditions can make you disabled. And remember, of course, under the Social Security rules and regulations, medical evidence that relates to the question of whether you're disabled under the five step sequential evaluation must be produced. It's important, of course, that if there's been any testing by your psychologist or mental health counselor, that that information be submitted, including the results, to Social Security. Sometimes I get the argument, but my psychological records are private. Many of my clients don't want to disclose that. That might be acceptable if you're only claiming a physical impairment as the basis of your claim, and you wouldn't be required to submit them under the all evidence rule. But if those records are even tangentially related to your claim, you should notify Social Security about your objection to disclosing that information and get their opinion about whether they want that information.
 
 Nancy Cavey [00:15:19]:
 And remember, as an attorney, we have an obligation to provide that information to the Social Security Administration and a judge. If you're at the hearing stage, you can expect a discussion with your attorney or representative about their legal obligation to provide that information to Social Security and the judge if you're objecting. So it doesn't really matter if it's at the initial application stage, the recon stage, the hearing stage. If that information is tangentially related, then it's going to have to be produced unless Social Security says otherwise. I'm often asked, well, what about the opinions of a physical therapist or an occupational therapist? Neither are acceptable medical sources, but that doesn't mean that their summaries, evaluation and treatment notes are irrelevant. Your physical therapist is going to measure, for example, the range of motion of your various joints, and those measurements can help establish that you have a certain loss of range of motion that could qualify you for a listing level award. It's step three. So that can really help.
 
 Nancy Cavey [00:16:20]:
 I find that these records can document your symptoms and your ability to do your past work and your ability to do other work based on what they are observing about your functional limitations. So please give them a history of your symptoms. Give them a history of your functionality. Give them a history of the problems that you might have had performing your past work and your current functionality. I can't stand at the kitchen sink for more than 15 minutes. I can't lift more than a gallon of milk. I have trouble sitting in the car driving to your office. Now, the other thing you need to understand is that the therapist is going to report whether you've been compliant with therapy and whether there's been any improvement.
 
 Nancy Cavey [00:16:59]:
 So follow the physical therapist's instructions and report the nature of any improvement, even if it's temporary. Now, while the opinion of the therapist isn't going to be accepted, the notes of treatment can prove that you have a significant medical determinable impairment that entitles you to your benefits. Got it? Let's take a break. Welcome back to Winning Isn't Easy. Short or Long Term Disability Information with Security Disability Benefits I'm going to talk about this from two perspectives. First, many short and long term disability policies require that you apply for Social Security disability benefits. Why they get the right to reduce your short or long term disability benefits by the receipt of Social Security. Now it doesn't work the other way.
 
 Nancy Cavey [00:17:54]:
 Social Security isn't going to reduce your benefits by the receipt of the short or long term disability benefits. But under Social Security regulations, you're required to submit under the All Evidence rule records from the long term disability carrier plan. These records can relate to whether you meet the five step sequential evaluation. Even though short and long term disability carriers or plans use a different definition of disability. So that would include medical records, vocational specialist reports, peer review, IME reports, FCE reports, forms that your doctors have completed called attending Physician statement forms, you're still required to submit that information, including whether your benefits have been denied or terminated by the long term disability carrier of the plan. Now you also need to understand that the short long term disability carrier or plan is entitled under the terms of that policy or plan to get a copy of your Social Security file. That's why I think it's important that the material and both claims are consistent. Remember, Social Security doesn't have to explain why they accepted or rejected the long term disability carrier or plan's finding of disability.
 
 Nancy Cavey [00:19:00]:
 They're only required to use the five step sequential evaluation. Now the another reason why this is important is that many times your employer or the insurance company or plan is reporting to the IRS and Social Security what benefits you've gotten. And many times we'll start out a hearing by the judge looking at the earnings records and say, well, Mr. Mr. Claimant, I see earnings in quotes after the date you claim that you're disabled. What are they? And more often than not they can be short term disability benefits, long term disability benefits, vacation pay, you know, that sort of stuff. You need to be prepared to explain that because you're going to be asked a question about that. Sometimes we even actually have to support send in as supporting documentation the payment ledgers or copies of checks for short and long term disability benefits.
 
 Nancy Cavey [00:19:48]:
 So understand that this works both ways. Got it. Now, we've answered a lot of common questions that we get. I hope that you have found this helpful. If you have any questions about the questions or the Social Security disability claims process, you can give us a call at 727 89-43188. Every case is unique and different. You need to understand that there is not necessarily one size fits all. Got it.
 
 Nancy Cavey [00:20:12]:
 So if you found this episode helpful, please take a moment to like our page, leave a review, share it with your family and friends. And don't forget to subscribe to this podcast so you'll be notified whenever a new episode drops. I'd love to hear from you. How can you do that? Well, at the beginning of each episode description, you're going to find a link to where you can send us your questions or comments. We might even feature them in a future episode. So join us please next week for another insightful discussion about Social Security benefits. I'm going to be talking about what the Social Security Administration does with your initial application, that masterpiece piece of work form that you have completed that seems to have taken forever, which is essential to getting your Social Security disability benefits. Got it.
 
 Nancy Cavey [00:20:56]:
 Thanks for listening.