Navigating Social Security Disability claims has become more challenging due to recent changes in evaluating medical opinions. The new standard poses greater difficulties for claimants. However, hiring an experienced attorney can help you overcome these challenges and improve your chances of a successful outcome.
Unfavorable Presumption: Impact on Treating Physician’s Opinion Under the new standard, the once-favorable presumption in favor of your treating physician’s opinion no longer exists. This change means that claimants must now face increased scrutiny and present more compelling evidence to support their claims.
Increased Judicial Discretion: A Greater Hurdle to Overcome Judges now have more freedom to exercise their discretion when evaluating medical opinions. This discretion can work against claimants, as judges may prioritize the opinions of the agency’s own physicians who initially denied the claim. Overcoming this hurdle requires a well-presented case and persuasive evidence.
Complex Evaluation Criteria: Navigating the New Standards The new standard introduces complex evaluation criteria that judges must consider when evaluating medical opinions. These criteria include factors such as supportability, consistency, specialization, and the treatment relationship. Navigating these intricacies requires a deep understanding of the standards and expertise in presenting the evidence effectively.
The Importance of Experienced Legal Representation: Expert Knowledge of the New Standard: Your attorney will possess in-depth knowledge of the new standard and understand its implications for your case. They can craft a strategy to address the challenges posed by the new standard and present your case persuasively.
Comprehensive Gathering and Presentation of Evidence: Attorneys have the experience to gather and present compelling evidence that meets the complex evaluation criteria. They will work closely with you to ensure all relevant evidence is included, strengthening your case.
Skillful Legal Strategy: Experienced attorneys will develop a tailored legal strategy to counteract the increased challenges of the new standard. They will anticipate potential hurdles and biases, presenting your case in the most persuasive manner.
Conclusion: The new Social Security Disability standard, implemented after March 27, 2017, has made the claims process more difficult for applicants. However, by enlisting the help of an experienced attorney, you can navigate these challenges with greater confidence. Attorneys equipped with expert knowledge, comprehensive evidence gathering, and skillful legal strategies can help you overcome the hurdles posed by the new standard and increase your chances of securing the benefits you deserve.