SSDI denial and new documentation

[pennstater]

Hi Rich,

If I get denied SSDI, can I present additional docentation on appeal? I don't have really old medical records from pre-diagnosis days. The records won't indicate MS but but neuro thinks episode back in 1993 may have been flare. I've complained of cognitive changes since that flare. So these records could help with symptoms and potential length of illness but I won't have for initial filing. Neuro doesn't think I need them but I want to understand if they could be introduced later if needed.

Thanks for the input.

[pennstater]

I know Rich has been extra busy due to his move. Does anyone else have any insight?

Appreciate it.

[MSer102]

SSA doesn't care how long a person has had symptoms. They are concerned only with how long a person has been disabled and that their disability can be reasonably expected to last at least one year.

No matter what your date of disability is determined to be, retroactive pay goes back only 12 months prior to your filing date. So I can't imagine why you would need medical records going back 20 years, especially if they don't show that you were disabled at the time.

If you aren't claiming that the flare you had back in 1993 was the one that disabled you, and not claiming that 1993 is your date of disability, SSA isn't going to have any use for those records and they won't help your case. They want to see the proof that you are disabled NOW.

Of course, you should verify all of this on the SSA website and get legal advice from your own attorney.

[pennstater]

Thanks MSer.

Since my main issue is fatigue and impact it has on cognition, this old history has documentation related to onset of fatigue and inability to focus dating back to 1993 relapse. I thought with fatigue, SSA considers onset and progression. I thought with MS, history of symptoms are considered, especially if not straight case where legally blind, severe mental impairment, etc....

Do they not look at history of disease and progression? It also demonstrates that I have worked with intermittent problems and it is now finally too much.

[MSer102]

This certainly isn't a legal opinion, but I had a similar conversation with my neuro-ophthalmologist. My visual impairments go back so far that I don't have records for the onset. He said that, as long as there is documentation in a recent medical record that a person has a history of something, that should be good enough documentation for the medico-legal record.

For instance, I don't have my ophthalmology records going back to 1993, but in 2007 I gave my current ophthalmologist my history saying that my first episode of optic neuritis was in 1993. He said that my documented history in 2007 establishes my prior ophthalmology history so I don't actually need the records from 1993. I don't know how that applies to Social Security, but my doc said that anything in a medical record has legal significance. It probably applies more to a malpractice case, but medical records are legal documents that even Social Security should pay attention to.

This is just my opinion, but I'm thinking that Social Security is used to claimants with MS having symptoms that go back 20 years. So I'm thinking that that's not anything that's going to help a disability claim.

I get the impression that when they say they look at how long someone has had MS, they're more interested in weeding out the people who had a bad first episode that led to their diagnosis of MS and are filing for disability only 4 months after diagnosis. There's no way from that a doctor or an MS evaluator can establish that the disability is expected to last at least 1 year.

But someone who has medical records going back say, 5 years, with a doctor's statement that the person has had MS for say, 20 years, has probably taken care of concerns that their condition is longstanding and is likely to result in disability that can be expected to last at least 1 year. Assuming, of course, that the claim is supported by current documentation that the person is currently disabled.

Again, this is just my take on things. But since benefits are limited to the 12 month period prior to the date of application for disability, it makes sense that documentation that covers the "length of illness" should cover that amount of time. I can see why Social Security wants to know if "length of illness" of only 6 months in a disease that is expected to relapse and remit and persist for a lifetime. But I can't see why they would need records going back 20 years if current records already attest to the condition being longstanding to the point that the disability can be reasonably expected to last more than 1 year.

[pennstater]

Thanks again mser. I think one difference is that your neuroopthalmologist could tell on exam and with tests you had prior damage. My neuro could tell numerous lesions, some old, some current due to gladolium enhancement, but can't tie it to specific symptom.

At this point, I am going to proceed with 2006 forward. His medical records do indicate our discussion and likelihood 1993 was MS. We will see how it goes.

Thanks again and I hope they do look at the way you described. I should be OK that way.

[tspaulding]

I applied for SSDI about 3 yrs ago and found that hospitals often destroyed med records after 7 yrs. I was asked for 15 year work and medical history, and I do not think SS was able to go back that far med wise.


I was denied 3x then I was approved by a judge.

Good luck to you and let us know how you are doing

[MSer102]

That's a good point! Medical records are often destroyed after 7 years (for adults). The SSA surely has to know that and take that into account. I think that's another good reason to be sure that new doctors have documented at least your account of your history in recent records so there's at least some kind of current paper trail that points back farther than that.

[pennstater]

Thanks Tspaulding and MSer. I contacted the neuro group as well as my PCP from back in 1993. They both said they have my history and can retrieve it from their archives. Of course all paper and hand written. So I will get them, but won't hold up process waiting for them.