WHO GATHERS MEDICAL RECORDS FOR A DISABILITY CLAIM?

Objective medical records are of utmost importance to your Social Security disability claim. Without objective medical evidence, Social Security must deny your claim. But who gathers the medical records?

• Social Security can gather medical records for you. On your application or appeal, you must list each doctor, clinic, hospital or other medical provider--along with their name, address, telephone number, and approximate dates of service. Social Security only contacts the medical providers you tell them about. Also, some providers may not send in their records at all and then the claimant or some other party must get them.

• An attorney or representative may gather your medical records. If you are represented by legal counsel, the attorney will be in charge of gathering the medical evidence required. This may go beyond getting routine medical records. Your attorney may also obtain special questionnaires or functional capacity estimates from doctors.

• You, the claimant, may gather your own medical records and submit them to Social Security. Caution: This is usually time consuming and can be difficult. You may spend hours on hold with doctor's offices which are too busy to answer their phones. You may have to go to doctors' offices to pick up records. And you may request records two or three times before they are sent to you. Most claimants find this to be terribly frustrating.

What are the chances of being awarded Social Security disability benefits without objective medical evidence? Just about zero.

Federal regulations require proof of a disability that will last for at least 12 straight months. The burden of obtaining this evidence falls upon the claimant. If Social Security doesn't receive the evidence it needs, it is justified in denying your claim.

When we talk about "medical evidence" we also mean mental health evidence: records from treating psychiatrists, psychologists, therapists or counselors. Mental impairments also require medical evidence.