Albuquerque Social Security disability attorney, Donald D. Vigil, offers advice on simple things you can do to help your case
I ask my Albuquerque disability clients to take the following simple steps to strengthen their case and reduce the frustration that often accompanies a Social Security disability benefits appeal:
1. Take early control of your records
The Social Security Administration requires an enormous amount of documentation in support of your claim for disability benefits. At a minimum, you will need to produce medical records from the doctors, hospitals and clinics that have treated you; and employment records for the past five years. Get control of these records as early as possible in your case. Create a filing system that works for you, and use it diligently.
2. Regularly update your records.
The Social Security disability appeals process moves slowly. Update your records regularly (e.g., to reflect doctor visits; a new doctor; a change in treatment), so that you will be able to provide the decision-maker with current information.
3. Do not throw away empty prescription bottles.
Keep all your empty medication bottles. This is the easiest way to track your medication history.
4. Comply with your doctor’s orders.
The Social Security Administration expects you to take care of your health and make an effort to return to work. To meet this expectation, you need to visit your doctor regularly and follow your doctor’s orders. With limited exceptions, failure to comply with a reasonable treatment plan will hurt your appeal.
5. Keep a symptom diary.
A symptom diary is any means of routinely recording the nature and severity of your symptoms (e.g., pain, fatigue, nausea). A symptom diary will help you give detailed testimony about the impact of your symptoms on your daily activities, regardless of how long you have to wait for a hearing date.
6. Expect that you will have to pursue your claim to an administrative hearing
Nationally, as in New Mexico, most first appeals (written Requests for Reconsideration) are denied. Consequently, you should expect that you will have to pursue your claim to a hearing before an administrative law judge (or to a higher level of appeal) in order to be awarded benefits. It is never too early to start preparing for this hearing. Educate yourself about the hearing process. Make a list of friends, family members and others who might be willing and able to testify on your behalf. Be mindful of how your disability limits your daily activities; take note of how your routine has changed and the activities you are no longer able to do because of your impairment.
Contact Albuquerque Social Security disability attorney, Donald D. Vigil
I work closely with my Albuquerque disability clients to present a strong and persuasive case to the Social Security decision-maker. To see some of the ways I can help with your Social Security disability appeal, please read How I help. If you would like to discuss your case, please submit the Free Claim Evaluation form on this page, or call or email me. I will respond promptly.
Donald D. Vigil
Albuquerque disability lawyer
100 Fourteenth St. S.W.
Albuquerque, NM 87102-2822
