GETTING DISABILITY BENEFITS WITHOUT MEDICAL EVIDENCE

Getting disability benefits without medical evidence is impossible.

20 CFR 404.1520(4)(iii) states that a disability must be based on "medically determinable" impairment which has lasted or is expected to last for at least 12 consecutive months, or to end in death.

Whether or not there is a medically determinable impairment occurs at Step 2 of the five-step sequential process.  Decision makers will look for laboratory tests, examinations, X-rays or other imaging studies, to explain the cause of pain or loss of normal body function.

This is why medical records are so important in a Social Security disability case.  Even if a judge believes that you have severe pain and you are not able to work, the law doesn't permit a finding of disability without objective medical proof.

Many individuals don't have medical insurance and can't afford to get medical treatment.  However, they must find options before they apply for disability benefits.  

One option might be treatment from a community free clinic.  Most towns and communities have one or more clinics that treat individuals who don't have insurance coverage and can't afford to pay.  My office keeps an updated list of these clinics in north Alabama and provide it free to anyone who requests it.

Another option might be your local county health department, sometimes called the "public health unit."  Most county health departments have a doctor or nurse practitioner on staff who can provide basic medical care and prescriptions.

Sometimes, a social worker at a hospital may be able to refer patients to doctors or clinics that will provide free or reduced cost healthcare. 

If the impairment is mental (psychological) in nature, consider contacting one of the mental health centers in your area.  These centers are partially tax funded and may offer treatment at greatly reduced cost.   

Some persons choose to file a claim without any (or much) medical evidence, hoping that Social Security will provide a free examination to prove their disability.  This usually doesn't work out well.  A free consultative examination (CE) may indeed be provided; however, it will usually not be sufficient to get disability benefits approved.

Social Security really doesn't give consultative exams so they can approve claims.  They give CEs so they can close claims.  This typically results in the denial of the claim.  The case worker gets the claim off his or her desk and closes the file but the claimant gets nothing.

The best option for the claimant is to get medical treatment before filing a disability claim.  Again, try a free or reduced cost clinic--or the county health department. 
_____
THE FORSYTHE FIRM
HUNTSVILLE, AL
(256) 799-0297