Medical records are an extremely important source of evidence in your disability claim. The records provide proof of the symptoms that disable you; they provide evidence of your treating provider’s opinion about your condition, and they provide proof of the period of time for which you have been disabled.
Medical records can also be a trap for the unwary. Doctors tend to record most of what you say to them during a visit. Let's take a simple statement like “ I am feeling much better.” To you, that may simply mean your pain level has gone from an 8 to a 6. However, that kind of statement can be used by the insurance carrier to argue you are much improved and thus, no longer disabled.
Another statement by your doctor that seems harmless: “Here for disability claim, needs certification of disability.” To you, this is a straightforward fact, but to the carrier, that same statement can be twisted into a request for a slanted opinion.
Lastly, having your doctor note that you are taking a vacation can lead to problems with your claim. Remember, insurance carriers read notes scrupulously when they are looking for a reason to terminate benefits.
Having carefully considered, honest, accurate medical records is a critical piece of your disability claim.
If you or someone you know has a disability claim, it is a good idea to work with an experienced attorney to get and/or keep you on the claim. Please call Kantor & Kantor for a free consultation or use our online contact form. We understand, and we can help.