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A series of articles emphasizing practical
knowledge you can't find in practice guides
and interviews with experts who share
their techniques for effective and efficient
case management
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Articles emphasizing practical knowledge you
can't find in practice guides
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Profiles of people who changed workers’
compensation law.
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• Warren
Schneider
• Marjory Harris
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HARRIS: What type of records do you find
useful to obtain and review in Social Security cases?
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CRAW:
The most useful are medical records from
treating sources that address the claimant’s
allegations of medical impairments that create
disability. If a claim is made about orthopedic issues,
you would want to have records from a treating
physician, hospital or clinic that show these issues
were diagnosed and treated medically. Similarly, if a
claimant alleges depression, anxiety, agoraphobia,
etc., you would want evidence from a treating
psychiatrist, psychologist, LCSW, therapist, etc., that
demonstrate that the claimant has sought help for
these problems.
Most important for a claim is to secure records from
sources that corroborate the nature and severity of
the claimant’s allegations. Records that show a
longitudinal history of examinations, diagnoses,
treatment attempts, medication attempts, surgeries,
in-patient care, hospitalizations and opinions as to
prognoses are all important.
Medical records used in workers’ compensation
cases are very helpful, even though such records are usually
restricted to work-related injuries and factors of disability
and generally do not address illnesses or injuries that are
not related to the claimant’s employment.
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Obtain
records from sources that corroborate the nature and
severity of the claimant’s allegations.
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It is important to remember that
Social Security claims address all of the individual’s
functional capacities. Each element of diminution in capacity
– whether mental or physical - is important to consider.
An employer’s statements about accommodations,
records that reflect an individual’s attempts at
physical therapy, need for home health care, or
failing at employment attempts – all such records are
helpful in proving the claimant’s functional limitations.
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It
is important to remember that Social Security claims
address all of the
individual’s functional
capacities.
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HARRIS:
Do you have a special method for
reviewing or analyzing records?
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CRAW:
Yes. First, I review the records to determine
the exact nature and severity of the claimant’s verified
medical condition.
Second, I compare the injuries or illnesses against
the Social Security “Listings” of disabling medical
conditions to determine if the medical evidence
shows that the claimant’s condition Meets or Equals
a Listing. (These Listings are available from many
sources -- NOSSCR, West, James Publishing or the
SSA itself)
Once I complete this second step, I determine what,
if any, medical evidence supplementation is
necessary to put forth the claimant’s case.
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