Wednesday, May 17, 2017

RSD Journal

The Social Security Administration (“SSA”) has a special rule that covers Reflex Sympathetic Dystrophy (“RSD”) claims. In a previous blog, I discussed how Social Security Disability claimants with RSD can use that rule to help win their case by submitting third party information. That rule also discusses the value of a claimant’s journal. 

Typical RSD symptoms include severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling, and extreme sensitivity to touch. Evidence supporting the severity of those symptoms usually comes from the medical records, and is corroborated by third party information, such as hearing witnesses or affidavits. However, the RSD rule specifically adds that a claimant’s own records can establish the functional impact of RSD. 

Most of the time, the SSA disregards a journal or diary as either redundant of testimony or self-serving. However, the RSD specifies that such evidence would be documentary validation of a claimant’s subjective allegations. Therefore, the SSA’s failure to credit that evidence would be error, and provides the claimant with additional evidence that is consistent with the claims. 

I just had another RSD claimant’s application approved. In the past I have been told that I submit cumulative evidence. The SSA has effectively replaced the test of a claimant’s credibility with a test of the consistency of the evidence. It is more important now than ever to submit as much evidence from multiple sources, including evidence that is not from physicians, to show that any adverse evidence, usually limited to SSA doctors, is the inconsistent evidence.

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