If you’ve suffered an injury that will keep you out of work for at least 12 months – potentially much longer – you may qualify for social security disability (SSDI). The SSDI benefits you could receive are based on how much you have paid into the system through the years. The more extensive your work history is, the greater sum you could qualify for.
But getting approved for disability benefits isn’t exactly a slam dunk. You need to prove that you are in need of benefits and unable to engage in substantial gainful activity.
There are several factors that can greatly increase your chances of being approved for disability benefits. And if you’ve already been denied, the same factors come into play for appealing your case.
First, having a disability attorney in your corner greatly improves your chances of being approved for benefits. But in addition to that, having the medical records align with your application claims is essential. The right documentation from your doctor can go a long way to getting you approved.
Do Doctors Have to Fill Out Disability Paperwork?
For many, having their doctor fill out their disability paperwork is no issue. But for some, they may not have a rapport with their doctor or may never have had a primary care physician. In these cases, having them sign off on disability paperwork can be difficult. And of course, doctors can be of different opinions on the severity of a particular injury.
In short, doctors are not required to fill out disability paperwork. When this happens, your chances for approval of your SSDI case go down significantly. However, it’s not the end of the road. A piece of what an experienced attorney can help you with is connecting you with a doctor that understands your condition and is more likely to sign off on your disability paperwork.
Why Would a Doctor Not Fill out Disability Forms?
Your doctor may refuse to fill out your disability forms for a variety of reasons. Given there is no requirement for them to do so, they also don’t have to explain their reasoning.
- The doctor doesn’t feel your injury warrants going on disability. These disagreements between doctors and patients are more common than you may realize. If this happens, getting a second opinion, or having an attorney point you in the right direction, can really help.
- The doctor doesn’t want to get involved in legal proceedings. If your doctor is aware that you have already been denied benefits, or that you are involved in a legal matter, they may decline to get involved.
- The doctor may not do this or not have time. Unfortunately, there are scenarios where doctors simply don’t have the time to dedicate to your paperwork, causing you to lose out on receiving benefits. In this scenario, your case may be legitimate, but you haven’t gotten a fair chance. An SSDI attorney can help you.
- You didn’t pay the service fees. For some doctors, there are service fees associated with filling out medical records. If you fail to fill them out, you will not get the doctor to sign off on them.
My Doctor Won’t Fill Out My Disability Forms. What Should I Do Next?
In the case your doctor won’t fill out the forms you are able to send with your disability application, you shouldn’t stop there.
- Go to a new doctor. As stated, if you have a legitimate case and your doctor is refusing to fill out your paperwork for any reason, you should go to another doctor. A disability attorney in Milwaukee or your area can help you with selecting the right doctor for your situation.
- Take a test. You can offer to take a test that evaluates your medical condition. A Functional Capacity Evaluation is common and involves another party that can evaluate and document your condition.
- Get a report from your doctor. In some cases, you may be able to ask the doctor for a documented report of your visits or visits, which can help in the application process. It may not be the same as the signed paperwork, but it can be an option.
Get with a Milwaukee and National Disability Attorney
Tabak Law, headquartered in Milwaukee, has served the needs of thousands of individuals seeking disability benefits. Whether you are applying for the first time, or have been denied benefits and are looking to appeal, we can help you out. Give us a call today at 800-245-1430 or fill out an online form today.