Some claimants believe that once they file their appeal, all they need to do is wait until the hearing date arrives. Actually, there is a lot more that must be done.
A claimant who is seeing a doctor or other healthcare provider on a regular basis is accumulating medical evidence constantly. Each time you see a doctor, you have created new medical evidence. This evidence needs to be submitted to the Social Security decision maker.
New evidence can and should be submitted right up until the hearing date to keep the file up to date. Failure to do so may result in a denied claim or a postponed hearing while the judge waits to get the new evidence.
If You Are Represented
If you are represented, your attorney or representative is responsible for updating your medical evidence. Notify your representative each time you see a new or different doctor/provider, have a major diagnostic test, such as MRI--have surgery or are hospitalized. Your representative can only order records you make him aware of.
If You Are Unrepresented
If you are unrepresented, you must keep your medical file updated yourself. Don't depend on Social Security to do so. You should take the following steps:
- Notify the Office of Hearings Operations (OHO) of each new doctor or provider, along with dates of consultation.
- Notify the OHO of any hospitalization, surgery, or major diagnostic testing, such as X-rays, MRI or CT scans.
- Tell the OHO if you are diagnosed with any new conditions after you filed your last update.
In short, you must keep Social Security advised of how your medical condition and treatment is changing so they can keep your medical records updated. They order records only from the doctors/providers you tell them about. They have no way to "automatically" update your medical records.
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The Forsythe Firm
Representing Social Security Claimants in Alabama
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Email me: forsythefirm@gmail.com
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