1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Conditions/medical records and marriage status

Discussion in 'Social Security, Disability & Health' started by AnonProx, Sep 29, 2016.

Thread Status:
Not open for further replies.
  1. AnonProx

    AnonProx Law Topic Starter Guest

    Jurisdiction:
    Virginia
    First thing off, I want to greatly appreciate all of the information you can provide.

    My current stance

    My SSA evaluation and medical records from my hospital stay in 2015 are only being considered because my doctors records office submitted my records too late and the SSA said they can't wait any longer to process my application. So I will most likely be denied.

    When the doctors office finally submitted the records, they copied my entire chart including session notes which I was assured would not happen. I am concerned about the session notes because it notes my use of marijuana in it but when asked by the evaluator when he asked if I did it I said a flat out no with no elaboration. See I had quit smoking the stuff by the time he asked and my current status was no.

    Secondly, I have civil union with my partner and since I was dealing with all my doctors in DC they considered us married where it wasn't recognized in VA. My session notes also indicates that we are married but legally we are not. When we introduced ourselves to the evaluator I introduced her as my ad agent and domestic partner, leaving out the civil union part.

    Now I know that first of all with the limited medical information they will basing their decision on because they will not be considering my medical charts (maybe for my own good) that were submitted late I am sure I will be denied.

    I am working with my doctor to get an abbreviated diagnosis packet from my records which I intend to submit for my appeal, but my fear is that the SSA, once they receive the delayed records will use the notes against me. Of course I will tell my attorney everything but don't know where I stand. Am I in trouble or not?
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,663
    Likes Received:
    1,459
    Trophy Points:
    113

    I have no idea.

    You haven't said what benefits you are applying for.

    I might assume SSDI but I don't like to spend a lot of time without confirmation.

    And if it is SSDI, what is the nature of your disability and have you quit working completely because of it?
     
  3. army judge

    army judge Super Moderator

    Messages:
    30,427
    Likes Received:
    4,138
    Trophy Points:
    113


    In my experience when a client asks me THAT, he or she already knows the answer.
     
  4. AnonFlux

    AnonFlux New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Is a decision made strictly by what the medical chart says that may be self incriminating and a person has abstained from the substance right before and says "no" as of the evaluation as in not partaking in it currently, how can the evaluator or the SSA know that? Would that be a problem? How worried should one be that they appeared to be lying if they weren't?
     
  5. army judge

    army judge Super Moderator

    Messages:
    30,427
    Likes Received:
    4,138
    Trophy Points:
    113

    I am not a fortune teller.
    I am not a soothsayer, although I'd love to have that ability.
    Alas, I'm just a poor Texas, Hill Country, lawyer and judge.
    All anyone can do if summoned to appear before any judicial proceeding is tell the truth.
    If telling the truth would incriminate you in a criminal sense, you can plead the fifth.
    Otherwise, just tell the truth as best you can recall.
    If you can't recall accurately, you are free to say, "I am unable to recall."
     
  6. Kit Cat

    Kit Cat New Member

    Messages:
    6
    Likes Received:
    1
    Trophy Points:
    3
    I am new here. Just want to say.... I love everything about this post.
     

Share This Page

Thread Status:
Not open for further replies.