Testifying about your Medical History at an Administrative Hearing
Evidence of your medical history is crucial during a Social Security disability hearing. However, most of the medical evidence, like a complete copy of your medical record, is available to the Administrative Law Judge (ALJ) prior to the hearing. Therefore, most ALJs have already read your complete medical record before the Administrative Hearing. However, the ALJ or your Ocala disability lawyer may still have a few questions for you at the disability hearing regarding your medical history.
The Social Security Administration, or SSA, requires that an applicant suffer from a disability for at least 12 months prior to receiving disability benefits. Therefore, the ALJ may ask you questions regarding any dramatic changes in your condition during that time. For example, if your condition improved for a month, the ALJ may ask you specific questions about that time period.
The amount of time spent questioning you regarding your medical history will vary by case and depend largely on your medical condition. For example, if your condition involves an unusual impairment or treatment for your impairment, the ALJ is likely to ask you several questions regarding your medical history so the ALJ can develop a better understanding of the condition.
The ALJ and your Ocala disability lawyer will ask you questions regarding the current treatment you are receiving for your condition. For example, the ALJ will want to know the name of your treating doctor and the treating doctor’s specialty. In addition, questions may address how long you have been a patient with the treating doctor and the type of treatment you are currently undergoing under the supervision of your treating doctor. You should be prepared to describe whether the current treatment you are undergoing is helping your condition or making the condition worse. In addition, if you are not seeking any medical treatment for your condition, you must explain why you have made the decision to refuse treatment.
During the questioning, your Ocala disability lawyer will be present if you have any concerns or you need clarification on a question posed by the ALJ. However, you will be under oath during the disability hearing and must answer all questions completely and truthfully.
If you have been denied Social Security disability benefits and would like help with your appeal, contact Ocala Social Security lawyer CJ Henry for a free consultation.