Developing the evidence Archives - Ginsberg Law Social Security Disability

Many of the clients I represent take narcotic pain medications like hydrocodone, oxycontin, percocet and even methodone as a way to control pain. I think that most people who consume narcotic pain meds to control chronic pain over months or years would agree that these medications reduce their suffering but in no way restore a true quality of life. Narcotic pain meds usually will not control “breakthrough” pain, and all of these prescriptions produce bothersome side effects, such as lethargy, fatigue, constipation and cognitive loss (i.e., poor concentration and focus).

Unfortunately if you are not a surgical candidate for whatever reason or if you do not have the insurance coverage or finances to pursue curative therapies, long term pain management may be your only option, at least for the near term.

Now, patients who are receiving pain management have another issue to worry about. Pharmacies, in coordination with the federal Drug Enforcement Agency (DEA) and local police departments are using computerized verification systems to cross reference prescriptions at drug stores with the DEA number assigned to physicians.

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Today’s Wall Street Journal reports that in-house doctors at Social Security offices all over the country are resigning in protest over pay cuts, overly stressful working conditions and demands that they issue reports in practice areas outside their specialties.

Social Security uses in-house medical advisers to review your medical records and to advise SSA claims adjustors if your medical or mental health condition can support an approval. In the past, SSA would send medical files to specialists for review – sometimes using two or three doctors on a single file.

Now, because of a growing backlog, Social Security administrators are demanding that in-house physicians review more files faster. Further, some of the in-house doctors are resigning when Social Security personnel demand that they issue opinions outside their areas of knowledge – in one instance noted in the story a pediatrician (baby doctor) was asked to review a file of an adult with neuropathy.

As a practical matter, Social Security’s problems finding and retaining qualified in-house doctors will only impact your case in that you are less likely to get a favorable decision earlier on in the process. My experience has been at hearings, judges usually pay little attention to the findings of the State Agency in house physicians – and now that I am aware of the credibility issues discussed in the WSJ article, I will look a little more carefully at the qualifications of these physicians and object where appropriate.

These internal problems at Social Security highlight the need for every claimant to submit complete and properly identified medical records to Social Security along with opinion evidence from treating physicians that identify specific activity limitations which impact your capacity to work.