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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11837
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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For Alexia or Stephane. I filled and sent out SSA-454-BK form

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For Alexia or Stephane. I filled and sent out SSA-454-BK form to SSA about 7 weeks ago. In this form I listed the name of doctors whom I am seeing for my disability. One of the doctors is my primary physician (and he is the key for disability determination). I know that SSA sent request to my psychatriast to fill out the required form about 3 weeks ago. However I called my primary physician and he did not receive anything from SSA to fill out. Is it aa omission on SSA part in not sending my primary the form to fill out? Or SSA did not do it becasue I attached all his notes (including my most recent visit to him) to SSA-454-BK that I sent to SSA? How long does it take for SSA to "close" receiving filled out forms from the doctors and start evaluating me for CDR? I just want to know whether I need to call SSA and ask them why they did not send forms to my doctor (I actualy tried to call my adjuducater -- but she is out for 10 days -- and in her recorded message she said that I can contact her supervisior). Would you advise to contact the supervisor on this matter -- or by doing this I can alienate the adjuducater.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hello! Thank you fo requesting me.

For Alexia or Stephane. I filled and sent out SSA-454-BK form to SSA about 7 weeks ago. In this form I listed the name of doctors whom I am seeing for my disability. One of the doctors is my primary physician (and he is the key for disability determination). I know that SSA sent request to my psychatriast to fill out the required form about 3 weeks ago. Which required form?

However I called my primary physician and he did not receive anything from SSA to fill out. Is it aa omission on SSA part in not sending my primary the form to fill out? No, if they don't feel they need any additional info from him because his records, in the SSA's mind, make clear one way or another, then they need not ask him to fill out anything.

Or SSA did not do it becasue I attached all his notes (including my most recent visit to him) to SSA-454-BK that I sent to SSA? Could be, but that may be a reason for them not to request ALL/ANY of his records, if they are under the impression that you provided a complete set. However, whether they ask him for an opinion on your function capacity to engage in certain work related tasks, would depend on how thorough they think his provided records are.

How long does it take for SSA to "close" receiving filled out forms from the doctors and start evaluating me for CDR? No set time per se, as far as I know. If they have all the records, then they definitely start the review. Or, if no more are arriving and they are done requesting or rerequesting info, they will likely move to that next step.

I just want to know whether I need to call SSA and ask them why they did not send forms to my doctor You haven't mentioned which form you think they should be asking for?

(I actualy tried to call my adjuducater -- but she is out for 10 days -- and in her recorded message she said that I can contact her supervisior).

Would you advise to contact the supervisor on this matter -- or by doing this I can alienate the adjuducater.
That depends on what you say and if she is sensitive.

Remember, you can also ask your doctor to fill out a form of your own design, if you think it will provide the SSA with opinion evidence on your limits / symptoms that will help your case.

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. I am suffering from depression and anxiety -- and my primary physician prescribes me medications for that. I also see psychologist. SSA sent some forms to fill out to my psychologist. I would have thought that SSA wanted to know the opinion of my primary physician on whether I can work, how bad my condition is, etc -- are you saying that there is no form that SSA would normaly send to your primary physician under these circumstances in order for them to establish my situation? I thought form SSA-3380-BK serves this purpose (third party prvider of the function report)


I am in the process of filling out function report for SSA-3373-BK - and I am getting a bit nervous that I might be late in submitting it -- as my psychologist send his stuff to SSA about 2 weeks ago -- would SSA supplement their file with what I have filled out on my function report 3373 -- even though I might be a week or so late in my submiital and they already started processing it? What is YOUR judgment call on whether I should contact the supervisor while my adjuducator is away?

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

thank you. I am suffering from depression and anxiety -- and my primary physician prescribes me medications for that. I also see psychologist. SSA sent some forms to fill out to my psychologist. OK, if it concerns a mental health disorder such as that which you describe, they would ask the specialist for the opinion, yes, not the PCP, who is not an acceptable medical source for a mental health disorder. Good thing you do have that specialist!

 

I would have thought that SSA wanted to know the opinion of my primary physician on whether I can work, how bad my condition is, etc -- Not so much since he is not qualified on the mental health limitations. That is generally a psychologist or a psychiatrist.

 

are you saying that there is no form that SSA would normaly send to your primary physician under these circumstances in order for them to establish my situation? Not for mental health. They do have variously created "RFC"s for mental health, but they don't ask it of your non-mental health expert.

 

I thought form SSA-3380-BK serves this purpose (third party prvider of the function report) No, that is for a non-medical person, like a family member or friend that has personal knowledge of the person's limitations but are not giving an expert opinion on "capacities" - just what he has personal knowledge of by observation, etc. Here is a sample of an SSA form for a psych. dr. that some SSA offices choose to use - although I have seen others as well. What is nice is when our therapist and our psych doctor BOTH sign it, if their unified answers are the one's that the SSA law says equates with 'unable to do any job out there.'


I am in the process of filling out function report for SSA-3373-BK - and I am getting a bit nervous that I might be late in submitting it -- as my psychologist send his stuff to SSA about 2 weeks ago -- Usually they give you a time frame that they would like it back - if she didn't, you can call the supervisor and tell her you are still getting it done. And/or send a letter just telling them you are working on it.

 

would SSA supplement their file with what I have filled out on my function report 3373 -- even though I might be a week or so late in my submiital and they already started processing it? That is likely, IF it is not yet "decided" - but it doesn't effect the medical evidence (it is not medical evidence).

 

What is YOUR judgment call on whether I should contact the supervisor while my adjuducator is away? I think if you are running late on a deadline, you will be best served by letting them know it is getting done, you are just a little slow with it, and you will have it in by XX date. Never hurts to communicate that something is on its way, just in case the decision is about to come down the pike.

 

 

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,

Stephanie
Customer: replied 1 year ago.


thank you. I stil try to go to school and it is important that my fellow students and professors are not aware of my condition. As part of evaluation for CDR can SSA adjuducater request feedback from my fellow students and/or professors and/or college adminstration? If there is a hearing in front of the judge -- can they request any of these people to apper in front of the judge? Can someone subpoena my disability Social Security records (what I have filled out, what my doctors filled out, etc) for some unrelated civil court proceedings in the future?

Expert:  Stephanie O Joy, Esq replied 1 year ago.
You have a right to privacy of your medical condition, generally, so that is up to you. Yes, SSA can ask witnesses what they see. However, you are not obligated to give them the names of these people if you prefer to not - but if that information would have been helpful, you could be hurting your case. Usually the presumption may be if you don't want SSA talking to someone, it may be because you have something to hide. I realize that is not always the case, particularly when it comes to private issues like a mental health issue. At an ALJ hearing, I have never ever heard of an ALJ requesting ANY witness, much less school mates, so I would not worry about that. People can try to subpoena whatever they want, but SSA will not give out your info just because someone subpoena'd it. If your medical history is pertinent to some future legal issue, the opponent would subpoena it right from your doctors, not the SSA. If you didn't want them to get it, you would file a motion to "quash" that supoena, in that court - and the judge of that later case will decide if your medical history is a pertinent issue such that is can be subpoenaed.

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,

Stephanie

Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11837
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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