WILL SOCIAL SECURITY OBTAIN MY MEDICAL RECORDS?

If you have an initial application for disability benefits pending (have not been denied yet), Social Security will attempt to get your medical records.  Once you are denied and file an appeal, it is up to you or your representative to obtain medical records.

While Social Security attempts to obtain records during the initial application process, we find that they do not always get all the records.  It is a good idea for the claimant's representative to check and be sure all the records that were requested have been received.  Sometimes, it is necessary for the representative to contact medical providers to obtain records that otherwise would be missed.

The old adage among Social Security disability attorneys and advocates is very much true:  "If it isn't in the medical records, it did not happen."

A fundamental principle of Social Security disability is that an impairment must be demonstrated (proved) by objective medical evidence.  Claiming that you have severe symptoms will not be enough to win benefits.  The medical evidence must support the claim or you will not be successful.


Information about Social Security advocates 

SEE A MEDICAL SPECIALIST

When you are trying to get Social Security disability benefits, it is to your advantage to be treated by a doctor who is a specialist in your area of impairment.  For instance, if you are disabled by heart disease, you want to be treated by a cardiologist, if possible.  If you have joint or back problems, you want to be seen by an orthopedic specialist.  For depression or mental impairments, you need to see a psychiatrist or clinical psychologist.

Everything about Social Security disability decisions are regulated.  According to 20 CFR 404.1527, the opinions of doctors who treat you are usually given more weight if they are specialists, treating an illness or injury within their area of specialty.  Thus, a cardiologist is given more weight for a diagnosis or opinion about chest pain than an ear nose and throat (ENT) doctor would be accorded.

Specialized treatment is not always available because of no insurance and limited ability to pay doctor's bills.  Many claimants have to see doctors at community clinics for this reason. 

Also, keep in mind that not all practitioners are "acceptable medical sources" with Social Security decision makers.  Nurse practitioners, chiropractors and counselors are examples of medical professionals who are not "acceptable medical sources" when it comes to providing evidence about disability matters.  Social Security will not generally accept a diagnosis about an impairment from these practitioners unless it is also supported by an "acceptable medical source," such as an medical doctor (MD), doctor of osteopath (DO), etc.