I just returned from a Social Security disability hearing. The medical records were excellent. They were neatly typewritten from the doctor's transcription, so they were easy to read. They were complete, thorough, very detailed. They were actually the kind of medical records most disability advocates only dream about. Rarely do we get such good and complete records from doctors.
The hearing judge had obviously looked over the file before the hearing began. He asked the claimant a few questions, then allowed me to question the claimant without interruption for about 20 minutes. I used that time to make the evidence of record personal to the individual I was representing. The claimant's testimony was convincing and consistent with what the medical records said.
The problem came, as it usually does, with the vocational expert. When the judge asked the VE if there was any work that the claimant could perform, the VE found examples of 3 or 4 jobs at the sedentary level. OK, there goes the case! Except for one thing..
I had obtained an additional Medical Source Statement from the claimant's treating physician, a specialist. When the hearing began, the judge asked if I had any objection or additions to the evidence that was being admitted. I made it a point to tell him that I had submitted recent evidence, including updated medical records and a Medical Source Statement that should be considered.
So now the judge asks the vocational expert a final question. "When you consider the limitations on the Medical Source Statement from Dr. ----------------, do you find that the claimant can still perform any of these jobs?"
The whole case, I felt, was now riding on that one piece of paper. In spite of 200 pages of excellent medical records, the case would probably have been lost, except for that one little piece of paper. The claimant had turned pale with disbelief. I held my breath and waited. The vocational expert said, "Give me just a moment to review this document."
Finally, the vocational expert's answer came. "No, Your Honor, with the restrictions specified in this document by Dr. ------------------, there would not be any work that the claimant could perform."
200 pages of excellent medical records failed to win the day. Excellent testimony from the claimant failed to hold the case together, in my judgment. The hearing had been won a couple of weeks ago when I finally convinced the doctor to complete and sign that piece of paper called a "Medical Source Statement of Ability to Do Work-Related Activity."
Why do Medical Source Statements (MSSs) often work when medical records do not? Here are my theories:
Written by a senior partner in the Forsythe Firm, Social Security Advocates in Huntsville, AL. Connect with Mr. Forsythe at www.forsythefirm.com
National Organization of Social
Security Claimants Representatives
www.NOSCAR.org
The hearing judge had obviously looked over the file before the hearing began. He asked the claimant a few questions, then allowed me to question the claimant without interruption for about 20 minutes. I used that time to make the evidence of record personal to the individual I was representing. The claimant's testimony was convincing and consistent with what the medical records said.
The problem came, as it usually does, with the vocational expert. When the judge asked the VE if there was any work that the claimant could perform, the VE found examples of 3 or 4 jobs at the sedentary level. OK, there goes the case! Except for one thing..
I had obtained an additional Medical Source Statement from the claimant's treating physician, a specialist. When the hearing began, the judge asked if I had any objection or additions to the evidence that was being admitted. I made it a point to tell him that I had submitted recent evidence, including updated medical records and a Medical Source Statement that should be considered.
So now the judge asks the vocational expert a final question. "When you consider the limitations on the Medical Source Statement from Dr. ----------------, do you find that the claimant can still perform any of these jobs?"
The whole case, I felt, was now riding on that one piece of paper. In spite of 200 pages of excellent medical records, the case would probably have been lost, except for that one little piece of paper. The claimant had turned pale with disbelief. I held my breath and waited. The vocational expert said, "Give me just a moment to review this document."
Finally, the vocational expert's answer came. "No, Your Honor, with the restrictions specified in this document by Dr. ------------------, there would not be any work that the claimant could perform."
200 pages of excellent medical records failed to win the day. Excellent testimony from the claimant failed to hold the case together, in my judgment. The hearing had been won a couple of weeks ago when I finally convinced the doctor to complete and sign that piece of paper called a "Medical Source Statement of Ability to Do Work-Related Activity."
Why do Medical Source Statements (MSSs) often work when medical records do not? Here are my theories:
- MSSs address medical conditions in vocational language - what are the limitations in function and how do they affect the ability to work?
- MSSs state the severity level of functional restrictions. Are they moderate, marked, or severe?
- This document requires the doctor to give a medical opinion - not just a diagnosis or treatment history.
- It is specific and goes to the very core of what Social Security wants to know.
- This MSS is a document familiar to Social Security Judges; they see it every day.
- Finally, the MSS is a brief and concise document that can be read in about 30 seconds.
Written by a senior partner in the Forsythe Firm, Social Security Advocates in Huntsville, AL. Connect with Mr. Forsythe at www.forsythefirm.com
Security Claimants Representatives
www.NOSCAR.org
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