“Accentuate The Positive, Eliminate The Negative”

Bing Crosby’s lyrics are applicable to securing Social Security Disability (“SSD”) benefits without having to go to a hearing. I represent a 31 year old skilled laborer whose SSD application was approved on-the-record (“OTR”) without a hearing because the positive medical evidence was accentuated and the negative medical evidence was eliminated.

The claimant had a bad back, and had undergone multiple surgeries. Even though I had submitted supportive reports from the treating neurologist and family doctor, the claimant’s application was denied after he went for an “orthopedic” examination by a Social Security doctor. On appeal I accentuated the positive and eliminated the negative.

In addition to updated reports from the neurologist and family doctors, I obtained reports from the claimant’s neurosurgeon. All three doctors’ reports were consistent and corroborated the claimant’s extremely limited functional capacity, which was supported by their clinical records and diagnostic tests.

I dealt with the Social Security doctor’s report, which the claimant stated was replete was false findings, by sending him to an orthopedist for an independent medical exam (“IME”). Not surprisingly, the IME contradicted the findings of the Social Security doctor’s report, and confirmed the conclusions of the treating specialists.