Filing For Disability Without Doctor's Approval

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The Social Security Administration can pay disability benefits under two different programs. Both programs have the same disability requirements, but they are different in other ways:

  • Supplemental Security Income (SSI) pays benefits to low income disabled people, the blind, and people over 65.
  • Social Security Disability Insurance (SSDI) pays benefits to disabled workers who have paid Social Security taxes for a long enough period of time based on their age.

The Doctor's Role

Disability is defined as a medical condition severe enough to prevent you from working and that is expected to last at least 12 months or result in death. Your doctor plays an important role in your diagnosis and ongoing treatment. When you are disabled, your doctor will also provide Social Security with important information that will be used to evaluate whether or not your condition meets their definition of a disability.

The Initial Application

When you first apply for Social Security disability, you will fill out many different forms and provide a great deal of information to Social Security. This information will include:

  • The names and full contact information for all of your doctors, and the dates of your treatment. You will also be asked to provide this same information about any clinics or hospitals that provided treatment.
  • Copies of any medical records that you may already have in your possession
  • Forms that give Social Security permission to request additional medical records and information about your condition from hospitals, clinics and your doctor

Disability Determination

Your file is sent to a state agency called Disability Determination Services (DDS) where your case is evaluated from a medical perspective. DDS employs doctors and other disability specialists to make this determination using the evidence from your file. Your doctors will be asked to provide information that is relevant to the claim:

  • What your diagnosis is
  • When this medical condition began
  • How it limits your ability to work and other participate in other activities
  • Are you able to walk, sit, lift objects, remember instructions?
  • What tests were administered and their results
  • Describe all of the treatment you have received and will need in the future

Your own doctors will not decide if you are disabled; this is done by DDS. Sometimes DDS may find the need for additional medical examinations and you may be asked to visit one of their doctors for an in person evaluation. It is important to keep the appointment that has been made for you if at all possible. If you are asked to see one of their doctors, the cost for the doctor visit will be paid for by Social Security.

Get Legal Help

You do not need permission from or the approval of your doctor to file a disability claim. However, you can see that they are an integral part of the process providing providing necessary evidence and testimony. If you feel that your doctor might not support your claim, talk to a disability attorney about your concerns. It is advisable to use an attorney to assist you with the entire disability application process; they can help you evaluate if your claim is likely to be considered valid by Social Security.

This article is provided for informational purposes only. If you need legal advice or representation,
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