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MEDICAL EVIDENCE - THE KEY TO GETTING DISABILITY BENEFITS

"Sometimes, judges deny benefits even when they believe the claimant is truly disabled...  because the case is not technically proven according to Social Security's rules."

Medical evidence is the key to being approved for Social Security disability benefits.

There are 2 types of medical evidence, both important.

The first type is OBJECTIVE EVIDENCE.  This includes such things as lab tests, X-ray, MRI or other imaging.  The goal is to document with medical fact that you have certain conditions which could reasonably cause a decrease in your ability to function.

The second type of OPINION EVIDENCE.  Its purpose is to prove a reduced ability to function.  Opinion evidence is the professional opinion of your treating doctor, stating specifically and in exact detail how your functions are impaired. Key areas that must be addressed include your abilities to sit, stand, walk, lift, reach, bend, use your hands, concentrate,remember, stay on task, etc.

The following is an unacceptable form of opinion evidence from a doctor that Social Security will disregard:
  
UNACCEPTABLE:  Mr. Doe has been a patient of mine for 25 years.  It is my opinion that he is not able to perform any type of work and he is totally and completely disabled. Dr. William Q. Feelgood, MD.

 What's wrong with Dr. Feelgood's letter?  Several things.

1)  It reaches a conclusion that is reserved solely and exclusively to the Commissioner of Social Security.  Only the Commissioner may decide who is disabled.  Dr. Feelgood is not entitled to offer an opinion on that matter under the federal regulations.  The doctor may only offer an opinion concerning work related functions (sitting, standing, walking, lifting, bending...etc.).

2)  The letter fails to describe WHY Mr. Doe cannot work.  It gives no specific limitations or restriction in functions.  It does not explain Mr. Doe's specific ability to sit, stand, walk, bend, crouch, crawl, lift...or any of the other functions required of work. A special form (6 pages in length) called a Medical Source Statement will supply those necessary details.

Disability must be proven according to Social Security's rules.   

I believe many times administrative law judges deny benefits, even though they believe the claimant is disabled.  The reason is that the claimant fails to prove disability according to the 20 Code of Federal Regulations.

 As a famous lawyer once said:  "There is truth, then there is truth you can prove."

If you are disabled but without medical insurance, seeing a doctor may be a financial challenge.  Contact us to see if we can direct you to a low cost or free medical clinic in the area.

THE FORSYTHE FIRM
Huntsville, AL
Phone:  (256) 799-0297 or (256) 431-1599



 

 

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