Wrong Medical Information: Can I Reapply For SSDI?

The best response to this question must be defined by the method by which the SSDI came to have false medical information concerning the diagnosis of the applicant’s claimed disabling condition.

Wrong Medical Information by Applicant

If an applicant intentionally provides a Social Security administration program with false or known to be wrong medical report and evidence to support a claim for disability benefits that individual could be prosecuted for fraud if Social Security discovers that false statements were intentionally and knowingly submitted for review to receive benefits.  If that applicant were to re-apply for benefits he may need to establish that the first submitted medical documentation was submitted with a very supportable good faith belief that the prior medical diagnosis was valid and correct when it was submitted or risk doing no more than fifteen years of jail time in federal correctional facility.

Negligent Medical Diagnosis and Care by Physician

The best step to take if you somehow received a false or improper diagnosis concerning your disabling condition depends on where in the application process, what stage in the application process that you were in when you became aware that false medical information had been unintentionally provided to the Social Security with an application for disability benefits.  If received formal, written notice from Social Security that your application for disability benefits was denied and the sixty day period within which a request for reconsideration may be submitted has not passed then it would be important to make the written request for reconsideration and to submit new and correct medical documentation of the disabling condition with the document.  If the sixty days has passed it may be possible to re-apply for disability benefits with new and correct medical documentation of the disabling condition.  If a personal injury lawsuit has been filed due to the negligent diagnosis of your condition has been filed to recover for related medical malpractice caused injury it would be wise to let Social Security know about the difficulties you have experienced.

Getting Legal Help

If you applied for Social Security Disability Insurance benefits and false or improper medical documentation was supplied with the application for benefits it would be prudent to contact a disability lawyer to discuss the circumstance of the improper or false medical information in terms of applicant fraud or medical malpractice or negligence by a health care provider.  Social Security was already been given one explanation for your disabling condition.  There will likely need to be some kind of explanation when a second and different diagnosis is submitted to them with a request for a re-review of the claim for benefits and an attorney could be of invaluable assistance in properly and safely providing that explanation.