March 7, 2014
It’s already fairly difficult to get approved for Social Security Disability benefits, considering more than 60 percent of initial claims are denied. Now though, the Social Security Administration (SSA) is considering passing measures that would tighten the regulations and policies that govern the filing of a Social Security Disability Appeal.
Under the current rules that govern appeals, claimants do not have to submit all of their medical history. Instead, some choose to only submit what they see as relevant to the case, which some argue omits vital information a judge could see as showing the claimant is still able to work.
One reason omissions from medical documents are so easy to make is because in many cases, judges are the ones responsible for examining the evidence. They are under immense pressure to process large numbers of cases, which is only compounded by difficulty in determining who to subpoena in order to receive the needed documents. This often forces judges to make decisions in cases where full medical records were not disclosed.
According to an article from The Wall Street Journal, the discovery of the problem has prompted officials to consider reforms that would require a patient to submit their full medical history without omissions during the Social Security Disability appeals process.
The SSA is currently examining feedback on the proposal and a decision in the matter is expected in the coming months.
The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin understand the complexities of the laws surrounding Social Security disability and encourage those with questions to speak with a reputable attorney immediately.