August 20, 2009
Are Claimants Required to Submit Unhelpful Medical Records
There is no such thing as the "perfect" case. Even the most deserving claimants may end up with a doctor who they don't like or with whom they do not get along. This is especially true in "pain" cases when narcotic medicines may be prescribed. There are also doctors out there who do not believe in the concept of disability – as far as they are concerned no one is fully disabled and these doctors will not cooperate with a Social Security claimant at all (needless to say, it is helpful if you discover this trait in your treating doctors early enough in your case to find another doctor!).
What about unhelpful medical records? I see this frequently in cases where there was a workers' compensation case. "Company doctors" often minimize symptoms and generate records indicating that a claimant has the capacity to return to work. Other times I see unhelpful records in cases where my client just did not "click" with his or her physician or psychiatrist.
One of my blog readers wrote me to ask about his obligation to submit unhelpful records in the context of a continuing disability review:
I have been on SSI for 8 years for mental illness. One recently former psychologist would say I was never disabled while my psychiatrist, and my new psychiatrist (the present one is moving) say I am disabled. Read more on Are Claimants Required to Submit Unhelpful Medical Records…
Jonathan Ginsberg

