Legal Question in Social Security Law in Alabama

Social Security law winning a case without going to doctor

If you have migraines but have not been to a doctor because you cannot afford a doctor and you have bad nerves and cannot handle stress don't like being around a lot of people cannot stnad loud noises and racket and have never worked anywhere what is your chances of winning a disablility case? I have been to the doctor for bad nerves only because where I go only charges a little according to income and I don't have any income as they go by my father who is on Social Security retirement and does not get very much? What are chances of winning a disability case at a hearing? I am 48.

Asked on 4/18/08, 11:39 am

2 Answers from Attorneys

Dennis Harmon Dennis Harmon

Re: Social Security law winning a case without going to doctor

Short answer: you cannot win without medical evidence of some kind. Social Security regulations say a person's reports of problems is not enough unless a doctor confirms them and diagnoses them. Medical evidence is required.

Sometime Social Security will send you to one of their doctors for a report...mixed bag there of folks who will hurt and help. The rules say your treating doctors carry more weight. And, many judges figure if you really do have a problem that you will find some kind of doctor. So, they figure if you're not treating, you're not hurting.

Go ahead and apply. That at least gets the ball rolling on possible consultive exams by Social Security. Try to go to a mental health clinic like Mr. McNair suggested and look for clinics that help people with no money in some nearby counties if you don't have any in yours.

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Answered on 4/19/08, 12:39 pm

Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Social Security law winning a case without going to doctor

You can try going to your county health department/and or county mental health provider and see what they can do for you. then go ahead and file again with social security. if you are turned down, then get with an attorney that handles that immediately.

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Answered on 4/18/08, 1:37 pm

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