Skip to main content

HOW SOCIAL SECURITY CONSIDERS CLAIMS UNDER RULE 16-3P

Social Security Rule 16-3P (SSR 16-3P) provides guidance to judges when evaluating medical signs, laboratory diagnostic findings and symptoms.  Administrative law judges (ALJs) hold hearings on claims that have been denied at the application level and again at the "reconsideration" level.  

The following are 3 very specific things the judge will consider:

  1. Medical signs: These are observations made by a doctor during a medical examination. They could include visible signs of a condition, such as swelling or redness, or other indicators like abnormal heart or lung sounds.
  2. Laboratory diagnostic findings: These are the results of medical tests, such as blood tests, imaging studies (like X-rays or MRIs), or other diagnostic procedures. These findings provide objective evidence of a medical condition.
  3. Symptoms: These are complaints reported by the claimant. Symptoms can include pain, fatigue, shortness of breath, or any other subjective experience related to the claimant’s condition.

It may surprise you to learn that Social Security will consider your symptoms--the way you experience a medical condition.  

However, Social Security cannot award benefits strictly on the basis of a claimant's complaints or symptoms.  There must be medical signs and/or laboratory diagnostic findings which make the symptoms medically reasonable.  In other words, symptoms must be consistent with medical tests and/or doctors' observations during examinations.

For example, a claimant has symptoms of severe shortness of breath, fatigue and chest pain - but there is no medical explanation for what's causing these symptoms.  Merely having these complaints will not move the case toward an approval if there is no supporting evidence.

On the other hand, a claimant complaining of shortness of breath, fatigue and chest pain has an echocardiogram and laboratory tests which diagnose ischemic heart disease.  Now, the claimant's complaints are supported by objective medical tests which explain and give credibility to the symptoms. These objective findings may move the claim toward approval.

Objective medical evidence that explains your complaints or symptoms is an absolute necessity.  I recently had a claimant who complained of severe debilitating migraine headaches.  These headaches were frequent and so severe that the claimant had missed work three or four days a month.  But the mere symptoms of headache will never get a disability award.

However, my client had actually been examined by his doctor during a migraine attack.  The doctor witnessed the results of the migraine, examined the claimant during the migraine attack and ran certain laboratory tests to rule out other causes.  Now, we not only had symptoms, we had medical findings and laboratory studies to explain the severe head pain.  

I advised my client to keep a journal or diary logging the date of each headache, how log it lasted and the specific symptoms.  The doctor's medical record also documented some of these same details.

By the time we got before a judge we had sufficient medical findings and laboratory diagnostic tests to satisfy Social Security that the claimant could not work due to the chronic and severe migraine headaches.

 


Comments

Popular posts from this blog

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...