Social Security Disability and Medical Records

I often tell my clients that the most important part of each of their cases is medical records. I like to see no more than a 90 day (3 month) gap between doctor visits. This is because less frequent treatment may indicate that the claimant’s conditions are just not that severe. In some of my denials in the past, Judges have said something to the effect of: “The claimant’s testimony is not credible [or believable] as to the severity of the claimant’s impairments. An individual experiencing the intensity of pain described by the claimant would have sought more regular medical treatment, or at least presented to the emergency room for treatment.”

In short, claimants should present to a doctor at least every 90 days. Otherwise, the claim is at risk for denial based on lack of sufficient evidence to prove the disability.

Be the first to comment!
Post a Comment