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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11743
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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for Stepanie or Alexia. I am under CDR and SSA started to collect

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for Stepanie or Alexia. I am under CDR and SSA started to collect statements from my doctors. Before a claim analyst would make a decsion whether I can continue to stay on disability or not - can I request SSA to provide me with the material showing what the doctors have submitted to SSA. And if I see inconsisitincies in the doctor's reporting -- how can I request a doctor and/or SSA to correct the record. I also see multiple doctors -- and it might be difficult for SSA to decide who my TREATING doctor is (as I understand that SSA pays special attention to the opinion of your treating doctor). How can I steer SSA towards selcting the doctor who is my primary and not the other doctor who submitted the forms? After I have already submitted SSA-454-BK - I also saw another doctor -- how can I ask SSA to request medical information on me from this doctor?
Submitted: 1 year ago.
Category: Social Security
Expert:  Rachel-Mod replied 1 year ago.
Hello,
I'm Rachel, and I’m a moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online. 
If I can help further, please let me know. Thank you for your continued patience.
Best,
Rachel 
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Good morning! And thank you for requesting me specifically, AND your patience. This is my 'funeral' week :( combined with my mom's 70th birthday celebration, so I am not steadily at work here. But this morning, I am, before I leave for the neighboring state and my mom's suprise luncheon. Which happens to be in the same town as the funeral... lots of law enforcement, since my friend who passed was a detective (Sgt.)... If you respond back to me and I am not responding for a few hours, it is only because I am there and not here in the office, OK?

OK, so here is your post:

for Stepanie or Alexia. I am under CDR and SSA started to collect statements from my doctors. Updated medical records is generally requested, and sometimes a form where the Dr. can answer specific work task capacity questions.

Before a claim analyst would make a decsion whether I can continue to stay on disability or not - can I request SSA to provide me with the material showing what the doctors have submitted to SSA. You can, but they will ignore you. YOU CAN do a medical request right from your doctor, for you records. Also, if you get denied and appeal, you can demand (nicely, lol) a copy of your SSA file on CD. That is the "Free" way to get these records, whereas your Dr. may charge you.

And if I see inconsisitincies in the doctor's reporting -- how can I request a doctor and/or SSA to correct the record. If your doctor has errors in the record, you can ask him to correct. Put it in writing and speak to the office manager about getting that request to him. You won't be able to effectively change his opinion statements - only erroneous false facts.

I also see multiple doctors -- and it might be difficult for SSA to decide who my TREATING doctor is Not, because you will be telling them who you treated with.

(as I understand that SSA pays special attention to the opinion of your treating doctor). Treating doctor, if his opinion is well supported by treatment records and not "inconsistent" with other medical evidence, can hold far more weight, even be BINDING on the SSA on those issues. (Opinion as to your remaining capacities to perform certain work related tasks, mentally physically.)

How can I steer SSA towards selcting the doctor who is my primary and not the other doctor who submitted the forms? Simply tell them who your main treating doctor is. I had a recent situation where when reviewing the CD of a new client who came to me after a denial, I noted that the ONLY Medical Opinion on RFC they SSA got was from a gynocologist surgeon who removed an ovarian cyst! Of course, he had no idea how long she could sit, stand, walk, lift, etc. It was rather shocking. Like, um, why didn't they ask her neurologist who treats her for her myasthenia gravis? Well, I will be communicating with that neuro to get my OWN Medical Source statement opinion on limitations, and submitting it on appeal......

After I have already submitted SSA-454-BK - I also saw another doctor -- how can I ask SSA to request medical information on me from this doctor?
Just write the and tell them. I'd also call and leave the full contact info, dates of treatment and what he treated you for. Use the phone and follow up in writing. Try to get a FAX number and a BAR CODE page, so you can fax things like that up in a moment's notice and not have to deal with the delay caused by snail mail.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

thank you for your answer and please take time to deal with all your issues -- you can answer me when you are available. Just so I understannd -- I can only ask for the CD disk from SSA when and if I have to appeal -- but not any sooner -- right? But I can presume that I can call my SSA analyst and ask her whose doctors they got forms from. Is it SSA responsibility to get all the doctor's responses -- or it is my responsibility? Can SSA proceed if they did not get ALL pertinent doctor's responses or if I think that the doctors's respomse whose I feel is benefitial -- I can request SSA that I will contact this doctor myself to make sure that they have a response? I have bar code to submit things to London, KY - is it the place to send all follow-up information on new doctor visits? I have a fax number -- but it is the claim analyst fax # XXXXX in a different location -- I think claim analysts do not like to receive faxes -- they want everything to go to London right? If I have to appeal and the appeal takes say 1 year -- and I start working at substantial salary level dafter the appeal is filed -- does it mean that I would be automaticly denied the benefits on appeal because I am working above SGA salary?

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Happy Sunday!

thank you for your answer and please take time to deal with all your issues -- you can answer me when you are available. Can you see my answer above/?

Just so I understannd -- I can only ask for the CD disk from SSA when and if I have to appeal -- but not any sooner -- right? No, you can ask for it sooner, but if you ask for it sooner and before SSA has received all the records from all of your providers that it will be requesting of them, then you are stuck without a complete file... They can charge you for the next CD.

But I can presume that I can call my SSA analyst and ask her whose doctors they got forms from. Sure, you can ask her if she has gotten ALL your doctor's records, and if any have not complied with the request, so you can call that doctor's office and ask them to send them to the SSA as soon as possible.

Is it SSA responsibility to get all the doctor's responses -- or it is my responsibility? Yours, except they DO request them also, and typically they ask twice. But if a doctor doesn't comply, they make the decision lacking those records. That is why when some (but not all) adjudicators let us know when they are having troubles, it is good because we can urge the doctors to please comply.

Can SSA proceed if they did not get ALL pertinent doctor's responsesYep, totally.

or if I think that the doctors's respomse whose I feel is benefitial -- I can request SSA that I will contact this doctor myself to make sure that they have a response? You don't even have to tell SSA - just do it - you can ask the SSA to send them to you and then you can send copy to SSA if you want. Or, just ask doctor's office to send straight to SSA.

I have bar code to submit things to London, KY - is it the place to send all follow-up information on new doctor visits? Sure, but consider calling the adjudicator also fi you that contact info, to give her a heads up OR, after you've faxed, to make sure it got to her.

I have a fax number -- but it is the claim analyst fax # XXXXX in a different location -- I think claim analysts do not like to receive faxesThat is untrue - however, when it goes to London with that bar code page on the front, as I understand it, it seamlessly gets into your electronic file, so let's mistakes of human nature

-- they want everything to go to London right? If that is what they have told you, yes. You need to follow their directions as best you can.

If I have to appeal and the appeal takes say 1 year -- and I start working at substantial salary level dafter the appeal is filed -- does it mean that I would be automaticly denied the benefits on appeal because I am working above SGA salary? Yes, generally, unless it is a failed work attempt. Because if you are able to work substantially/gainfully on a sustained basis than you are, in reality, no longer disabled from working right?


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

thank you. How much do they charge for extra CD? do I request CD from the local office, London or the claim analyst? If I only work for 6 months (not 9 months as to end work trial period) while the appeal is pending -- can they still automaticly decline my appeal. And If SSA declines my appeal because I am working -- would they at least pay for my disability for the time when the appeal was pending but before I started to work?

Expert:  Stephanie O Joy, Esq replied 1 year ago.


thank you. How much do they charge for extra CD?
I don't know. You'd have to ask that office.

do I request CD from the local office, Yes. London or the claim analyst? No.

If I only work for 6 months (not 9 months as to end work trial period) while the appeal is pending -- can they still automaticly decline my appeal. Yes, and actually, typically they MUST, since that is no longer a 'failed' work attempt. And, it also has to be clear that you STOPPED working because of your disability, that you could do it no longer - so you better documents the grave difficulties, if they exist.

And If SSA declines my appeal because I am working -- would they at least pay for my disability for the time when the appeal was pending but before I started to work? They could ask for a reimbursement of overpayment, as I understand it.

Customer: replied 1 year ago.

thank you. how much does SSA typicaly waits between asking the doctor the second time and how long do they wait after the second time before they give up and make a decsion on what they have? If I already received the doctors file myself through HIPPA from my doctors - can I submit these doctor's files myself to SSA or would SSA only accept doctor files submitted DIRECTLY by the doctors to SSA?

Expert:  Stephanie O Joy, Esq replied 1 year ago.
I always seem to here 2 weeks or 20 days. But I have not seen a firm rule of any kind. yes, you can always submit medical records and no, they do not have to come directly from Doctor.
Customer: replied 1 year ago.

thank you. Just for me to understand SSA waits two weeks to 20 days to send the second reminder and then SSA waits for another two weeks to 20 to proceed with what they have if not receiving the doctor's response after the second reminder. Is there a specific SSA form to fill out to obtain record on CD?

Expert:  Stephanie O Joy, Esq replied 1 year ago.

thank you. Just for me to understand SSA waits two weeks to 20 days to send the second reminder and then SSA waits for another two weeks to 20 to proceed with what they have if not receiving the doctor's response after the second reminder. I can't speak for all of the SSA. I can only speak to my general experience. And it is NOT all of the time, as it can vary. And sometimes they don't make a second request.

Is there a specific SSA form to fill out to obtain record on CD? No, just request it. It can take a while. If they don't respond, consider going to your local office in person.
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11743
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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