tag:blogger.com,1999:blog-19246708.post3883365217405371713..comments2024-03-29T02:05:50.350-04:00Comments on Social Security News: All Relevant Evidence From Any Source In Its EntiretyUnknownnoreply@blogger.comBlogger13125tag:blogger.com,1999:blog-19246708.post-29894474191442987342013-11-17T20:33:14.898-05:002013-11-17T20:33:14.898-05:00"Anything and everything" is unnecessary..."Anything and everything" is unnecessary. When I ask my female clients what doctors they see they often give me the name of their gynecologist. I ask them if there is anything abnormal or anything that could potentially impair the ability to work..... painful fibroids, excessive bleeding, etc. I am not going to waste my time or SSA's time getting a record of a routine pap smear. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-15491444159976332222013-11-16T08:23:46.087-05:002013-11-16T08:23:46.087-05:00What is relevant all depends on the particulars of...What is relevant all depends on the particulars of the case. And I often find seemingly benign treatments notes - dicta, as it were - of a non-severe impairment that cast light on the alleged severe impairmentsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-7201693835764905972013-11-16T08:06:56.329-05:002013-11-16T08:06:56.329-05:00Doesn't this seem most likely related to the s...Doesn't this seem most likely related to the statements from former employees of the biggest rep firm - who said the company's policy is to hide or ignore anything that might not be totally favorable to the claimant?<br /><br />Me thinks so!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-38680757080754880192013-11-16T06:39:00.537-05:002013-11-16T06:39:00.537-05:00If I leave some irrelevant garbage out, I always s...If I leave some irrelevant garbage out, I always send in a cover letter saying what I am leaving out and that I would be glad to submit it upon request. Typically, that's stuff like patient consent forms, copies of authorizations for release of records, my own letter requesting the records, etc.<br /><br />Every so often I get a 1,000+ page production from a hospital. I typically ask the ALJ what he or she wants. Some are pragmatic enough to limit it (usually admit and discharge summaries, test and examination results, operative reports). If no response they get it all. <br /><br />There's a tension here between using limited resources (SSA staff time) versus making sure all the records are considered. Everyone agrees that reps should not intentionally leave out relevant evidence that they obtain, and the rules should reflect that. <br /><br />However, if they go overboard with the rule and require mass production of obviously irrelevant records, then they will add some big bales of straw on an already overburdened camel's back.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-32205024258521422502013-11-15T19:52:49.366-05:002013-11-15T19:52:49.366-05:00Max:
The proposal says the claimant will have to ...Max:<br /><br />The proposal says the claimant will have to inform about or submit evidence. So if there is an IME that is not in the claimant's possession, claimant's duty is simply to inform SSA that it exists. You don't have to provide something you don't have but you cannot hide its existence. At least that is the way I read it now.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-59097451036314090372013-11-15T19:07:28.391-05:002013-11-15T19:07:28.391-05:00I can remember an ALJ springing an ah hah! moment ...I can remember an ALJ springing an ah hah! moment on me because I had not furnished the second page of records that were faxed to me. Thuis was an ALJ who actually counted pills. The page I didn't bother sending along was my client's authorization to release the records. What a tool! I send everything relevant -- broadly interpreted. I don't fill the record with garbage, although I did make an exception with that particular ALJ. He got it ALL. I also draw the line at chasing after stuff like an insurance co IME report for a comp claim. If I have it, I send it in and make argument about why it's trash, but I'm not wasting time looking for it. Max Abilifyhttps://www.blogger.com/profile/10309109493227438820noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-37066841904454530532013-11-15T17:29:12.619-05:002013-11-15T17:29:12.619-05:00As an attorney, I'm happy that we will finally...As an attorney, I'm happy that we will finally have clarity on this issue. I have no problem with a duty to disclose all relevant evidence. On the other hand, as recent events have shown, there is a big difference between a general idea and the implementation of that idea. I will be paying close attention to the exact wording of these regulations.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-38539399426142062432013-11-15T16:26:57.266-05:002013-11-15T16:26:57.266-05:00All good points.
As an attorney and former journa...All good points.<br /><br />As an attorney and former journalist, I always side with disclosing everything. Let the chips fall where they may if medical records are unfavorable.<br /><br />I am torn when it comes to our own RFC forms filled out by doctors. If an RFC is totally unfavorable, not sure why the duty to advocate zealously represent your client's interest does not dictate withholding that evidence. I see that as my own attorney produced evidence not medical records. But I can see both sides.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-21760183186377372162013-11-15T14:12:20.728-05:002013-11-15T14:12:20.728-05:00I have no problem with a general duty to submit al...I have no problem with a general duty to submit all evidence known, favorable or unfavorable. But when the Feds decide to do a formal rulemaking, bad things can happen. So here's another hypo: Cl's ex-wife calls your office. She rants at you that your client is a "bum." He is a "lazy slob." He was physically abusive. There is "nothing wrong with him."<br /><br />Are these statements "evidence?" Indisputably yes. Are they "privileged", or work product? Probably not. Are they material? Therein lies the rub. Ranging from allegation #1, to allegation #4, the materiality test goes up. <br /><br />So assume it's evidence, assume it's not exempt because of work product or privilege, and assume it's material. It's in an oral form. Is the rep obligated to make notes and send them to ODAR? Is the rep obligated to obtain a written statement from the ex-wife and submit that?<br /><br />Any written rule that goes as far as SSA apparently wants this rule to go is a prescription for trouble. The current duty not to redact is objective. This proposed rule would be too subjective to be practically enforceable. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-76483301045126606342013-11-15T12:54:09.986-05:002013-11-15T12:54:09.986-05:00I'm a claims rep. I see claims approved for th...I'm a claims rep. I see claims approved for thing other than what the claimant claims their condition is regularly. Someone may claim they have a bad back but get approved for depression. I would tend to believe it's good practice to provide all medical docs to broaden the scope of the findings. Maybe I'm wrong, but I see it quite a bit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-37036878890487508552013-11-15T12:40:53.526-05:002013-11-15T12:40:53.526-05:00all are relevant.
You may not like it, but they M...all are relevant.<br /><br />You may not like it, but they MIGHT all possibly include evidence that goes to credibility. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-38946603603339781552013-11-15T12:24:50.058-05:002013-11-15T12:24:50.058-05:00In our office--I can attest from slogging through ...In our office--I can attest from slogging through volumes of unhelpful tomes--many reps are consistent about submitting everything. And despite having the arduous task of analyzing all of these records, I'm glad they send them all in. I'd rather KNOW what is and isn't relevant than have to wonder. One of our sharper judges recently asked an attorney if there were any additional records available that hadn't been submitted, and he brilliantly (cough) said something to the effect of, "Oh, I didn't think I had to submit anything that wasn't helpful to my client's case." That kind of crap is probably more common than any of us care to realize, and despite the arguably unworkable nature of SSA's proposal in its current form, at least it would seem to help clarify things for the nimrods among us. That's not to say that I support it, but at least it wouldn't be without *some* benefit...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-76186137758696494832013-11-15T12:07:02.080-05:002013-11-15T12:07:02.080-05:00My two cents. An attorney has an obligation of &q...My two cents. An attorney has an obligation of "candor toward the tribunal". Withholding any records could be construed as violating that rule.<br /><br />A second approach that I (an attorney) take is this. While SSA may not be able to file an ethics complaint, there is no restriction on the client to do so. If the client is denied, they may begin looking for a reason why. <br /><br />When they find out evidence was withheld, and IF a ethics complaint is filed, I would find myself in the unenviable position of proving a negative with the Bar. That is, the evidence withheld would not have led to a favorable decision.<br /><br />Finally, I am always concerned that if I get a reputation as an attorney that withholds evidence, the ALJ's will always be wondering what is missing from the medical record. As a rule, I send in everything. Anonymousnoreply@blogger.com