Ask Larry

How Will My Doctor's Misdiagnosis Affect My Disability Outcome?

What if my Dr., who I have been seeing for years, has been misdiagnosing and prescribing me the wrong meds, making my condition worse, and me even more disabled. How will this affect my disability outcome? I have done a lot of research and I know it is based on your functional capacity to work at that point in time, which I do not have, but what if the judge thinks my condition might get better if I am no longer on that medication? Because schizophrenia is a condition that may get better but will never truly go away.

Hi,

Whether or not a person is considered disabled by for Social Security purposes is initially based on a joint determination by a disability examiner and consulting doctor paid by Social Security. However, their decisions can be subject to the appeals process (https://www.ssa.gov/pubs/EN-05-10041.pdf).

I don't have any training or background in medical determinations for Social Security disability claims, so I'm unable to answer your question. If you're unable to work due to your condition, the only thing I can suggest is to file for benefits and to strongly consider filing an appeal if Social Security's decision in your case is unfavorable.

Best, Jerry

Category: 
Posted: 
Jun 18 2018 - 7:38am
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