There has been a lot of debate over whether or not Social Security Administration disability awards becoming “too easy” to get. The Wall Street Journal reported that the SSA is under increasing pressure from Congress to form new rules which would force disability benefit applicants to present the government with all relevant medical information, even records that go against their case.
“There have been allegations that when some representatives submit evidence to us, they deliberately withhold evidence they deem unfavorable to the claimant,” the SSA proposal said. “We also know, based on our program experience, that we do not always receive complete evidence.”
If these rules were to be passed, those applying for disability benefits would need to give the SSA all evidence that applies to them, whether it be good or bad for their case. In this case, the Wall Street Journal said it would be on the applicant to submit their medical records, not their representative, thus avoiding attorney-client privilege challenges.
This is not the first requested rule change for the SSA in recent months, as the issue of applying for disability has become politicized due to a perception that many are attempting to rip off the system. However, there has not been much in the way of proof or statistics that showcase applicants gaming the SSA.
Notwithstanding any new rules that may be introduced, SSA judges have always expected that the claimants submit all relevant medical and other evidence. This touches upon the primary issue in a disability case which is whether or not the claimant is capable of performing competitive and gainful work activities. It only serves the claimant’s case to supply as much evidence that is available to them on this critical issue. The SSA is obligated by law to assist the claimant in obtaining relevant medical evidence as well.
The Law Offices of Harold W. Conick and Associates are experts in not only obtaining such evidence, but also persuasively presenting it to SSA judges in order to obtain a fully favorable decision in a claimant’s case.