We do not request reimbursement of costs
(such as repayment for obtaining medical records)
from veterans nor from people who suffer from multiple sclerosis.
Problems with medical evidence are one of the most common reasons for Social Security Disability Insurance (SSDI) claims to be denied.
Medical records issues such as insufficient detail about functional limitations, inconsistencies between different providers’ notes, or a lack of objective findings are all common issues. Claims can also fail if the Social Security Administration (SSA) relies on a consultative examiner’s brief evaluation instead of your treatment providers’ longitudinal records.
The good news is, medical evidence problems are often the most fixable reasons for failed SSDI claims. In fact, the difference between a claim that’s denied and one that’s approved often comes down to whether someone with the right legal knowledge identified and resolved these evidence issues before the decision was made.
You don't just hire a lawyer in an SSDI case to have someone fill out forms or come to your hearing with you. The primary function of an experienced disability attorney is to build and present a medical evidence case that stands the best chance of satisfying the SSA's requirements.
Your attorney will not only identify details in your record that support your claim but will also identify gaps in the record, including:
Your records may not specifically describe how your condition limits your ability to sit, stand, walk, lift, concentrate, or complete daily tasks — which is exactly what the SSA needs to see.
Without opinions from the right specialists, your claim may lack the medical authority needed to overcome SSA’s own consultative evaluations.
Testing from years ago may not reflect your current condition. Your attorney can identify where updated testing or evaluations would strengthen your claim.
Mental health evidence is often underdeveloped in SSDI files. Cognitive limitations, anxiety, depression, and social functioning issues all need to be thoroughly documented.
These are all problems that you may be able to solve before your claim is denied, or before an appeals hearing, if someone identifies them early enough.
Your attorney can also help you understand the difference between medical evidence that's persuasive to a doctor and medical evidence that's persuasive to the SSA. Your physician may be completely convinced that you're disabled, but if their notes don't document the specific criteria the SSA uses to evaluate claims, their conviction alone isn't enough.
Working with your treating providers to develop medical source statements is one of the most helpful things your SSDI attorney can do for you.
Medical source statements are detailed opinions, typically in the form of questionnaires or narrative letters, in which your doctors describe your specific functional limitations, the medical basis for those limitations, and their opinion about your ability to sustain competitive employment.
A well-crafted medical source statement connects your diagnosis to your functional limitations using the specific language and framework SSA understands.
For example, rather than simply stating that you have back pain, an effective statement describes how your spinal condition limits your ability to sit for a specific duration, stand for a specific duration, lift a specific weight, and maintain a predictable work schedule. It also ties those limitations to clinical findings, imaging results, and treatment history.
Attorneys who handle SSDI cases regularly are familiar with what judges look for in these statements. We know which functional limitations carry the most weight at the hearing level, which questions judges are likely to ask, and how to ensure that your doctors’ opinions are well-supported and credible.
This knowledge can help you maximize the chances that your doctor’s opinion will help your claim succeed.
SSDI claims sometimes involve conflicts between different medical sources. For example:
Your treating physician may say you can’t work, while the SSA’s consultative examiner says your limitations are mild.
Your psychiatrist may document severe anxiety, while your primary care notes describe you as pleasant and cooperative.
Your physical therapist’s records may show limited range of motion, while a radiologist’s report describes only moderate findings.
An experienced attorney understands how to best navigate these conflicts. This involves understanding the hierarchy of medical evidence that SSA uses, knowing when and how to challenge opinions from non-treating sources, and presenting your treating providers' opinions in a way that can help to overcome contradictory evidence.
It may also involve obtaining additional opinions from specialists who can help to resolve ambiguities in the record.
At the hearing level, your attorney presents these evidence conflicts to the judge with a clear argument for why the most favorable medical opinions should be given the greatest weight. This requires preparation, knowledge of SSA's regulations governing medical evidence, and the ability to cross-examine vocational and medical experts whose testimony conflicts with your claim.
An experienced disability attorney can take all of the medical evidence, vocational evidence, and testimonial evidence in your case and weave it into a persuasive story that maximizes the chances the judge will decide you can’t sustain competitive employment because of your medical conditions.
This narrative:
It’s the kind of organized, strategic presentation that is difficult for an unrepresented claimant to produce, and it can make a big impact on your chances of getting a favorable decision.
At Chermol & Fishman, building this kind of evidence-based narrative is what we do for every client. We don’t just collect records and show up at hearings. We analyze, develop, and present medical evidence cases designed to give you the best chance of a successful claim.
Our attorneys have decades of combined experience identifying and resolving the specific evidence issues that cause denials, and we bring that experience to bear on every case we handle.
Ready to Get Help? If you’ve been denied SSDI benefits or need help building a stronger case, contact Chermol & Fishman, LLC for a free consultation. Call us at (888) 774-7243 or visit myphiladelphiadisabilitylawyer.com.