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Disability Claim: Doctors
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If you qualify nonmedically, your claim will be sent to a DDS or Disability Determination Services office. This office will make the determination of disability. One of the main factors this office will use to decide if you are disabled or not is your medical records. It is difficult to refute several doctors claiming disability for a long period of time. If there is only one doctor seen very infrequently, or no doctor, it will be a difficult case to win. If you have not seen any doctors, the Social Security office will many times schedule a consultative exam at their expense for you to be able to see a doctor.
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Mistake #8: Assuming your doctor will support your claim for disability benefits. He may not. Some doctors [R]efuse to help patients with their disability claims. Many doctors do not know SSA’s definition of disability and believe that one has to be bed ridden to qualify. In general, doctors are very conservative in their opinion about a patient’s ability to work. Because SSA and a judge will want to know if your doctor supports your claim, it is critical you know the same information!
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On January 24, 2003, a California jury awarded $31.7 million verdict against Unum Provident for wrongfully denying a disability claim. Unum denied a claim for a doctor who was diagnosed with parkinson’s disease and could no longer perform eye surgeries. Unum Provident was more concerned with profits than its customers, therefor denying the doctors claim for disability insurance.
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Insurers are required to undertake a full and unbiased claims review of all disability benefit applications. Many insurers make little or no effort to evaluate disability benefit claims. Often, they fail to obtain critical medical records or job duty information before denying a disability insurance claim. In addition, many insurers require claimants to fill out complicated forms, provide unreasonable documentation, and require multiple examinations by insurance company doctors who seem to attempt to support the insurer’s predetermined denial of benefits. Long delays in review are extremely common, making claimants wait months without income assistance before receiving a disability claim denial.
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Advice: As soon as practicable, you should learn whether your doctor supports your disability claim. If not, consider finding a more compassionate doctor who will. One place to find a referral is to attend a local support group for individuals who share your diagnosis.
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