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WHAT YOUR DOCTOR CAN & CANNOT DO IN A DISABILITY CASE

Your doctor is a very important part of your Social Security disability application.

However, it's important to understand what doctors can and cannot do.

Your doctor cannot make the following conclusions:

  • You are disabled.
  • You are not able to work.

Both of those conclusions are reserved to the Commissioner of Social Security (20 CFR § 404.1527).

Only the Commissioner may say that a person is disabled or that (s)he cannot work.  

HERE ARE SOME THINGS YOUR DOCTOR MAY STATE (AS EXAMPLES)

1.  My patient can lift/carry no more than 10 pounds.

2.  He can sit no longer than 30 minutes at a time.

3.  She could stand no longer than 45 minutes at a time and not more than 3 hours in an 8-hr. workday.

4.  This patient requires the use of a cane to walk.

5.  I estimate that this patient would be absent more than 3 days per month due to medical symptoms.

 In other words, your doctor may provide his/her opinion about specific limits on your functions:  lifting, carrying, walking, bending, kneeling, crouching, crawling, remembering, understanding, etc.  Your attorney may then use these limitations to convince Social Security that you are disabled under their own rules.  But the decision belongs to Social Security, not to your doctor(s).

Getting the Commissioner of Social Security to find you disabled (through his representative) is a skilled undertaking by someone who knows the rules and regulations of the Social Security Administration.  Your lawyer/advocate is best equipped to do this.  Your lawyer also knows what questions to ask your doctor and can help in gathering medical opinions are that legally admissible.

Here's an example of a doctor's letter that would do you no good in a Social Security case:

Mr. John Claimant has been my patient for 24 years.  I have examined him about once every 6 months during that entire time.  Mr. Claimant suffers from severe arthritis, polyneuropathy and depression.  He  is not able to work at any job.  Mr. Claimant is totally disabled.  Sincerely, Dr. Wonderful

 Why is this letter useless?  Because it draws conclusions that are reserved for the Commissioner of Social Security under the 20 Code of Federal Regulations  §404.1527.  

Better idea:  Get your lawyer to send the doctor a form with questions that will be acceptable and admissible.

 

  

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