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WHY SOCIAL SECURITY WILL NOT TAKE YOUR DOCTOR'S WORD FOR DISABILITY

 

It is frustrating when your doctor says you are disabled but the Social Security Administration won't take that as evidence in your disability claim.

Under the law, some issues are "reserved to the Commissioner of Social Security." This means that Social Security must make these decisions for itself. They cannot be made by doctors, other authorities or even other federal agencies.

To better understand this I encourage reading 20 Code of Federal Regulations (CFR) §404.1520(b)(3). Here is what the regulations say:

Section (3) of 20 C.F.R. 404.1520b(c) gives a list of statements on issues that are reserved to the Commissioner:

(i) Statements that you are or are not disabled, blind, able to work, or able to perform regular or continuing work;

(ii) Statements about whether or not you have a severe impairment(s);

(iii) Statements about whether or not your impairment(s) meets the duration requirement (see § 404.1509);

(iv) Statements about whether or not your impairment(s) meets or medically equals any listing in the Listing of Impairments in Part 404, Subpart P, Appendix 1;

(v) Statements about what your residual functional capacity is using our programmatic terms about the functional exertional levels in Part 404, Subpart P, Appendix 2, Rule 200.00 instead of descriptions about your functional abilities and limitations (see § 404.1545);

(vi) Statements about whether or not your residual functional capacity prevents you from doing past relevant work (see § 404.1560);

(vii) Statements that you do or do not meet the requirements of a medical-vocational rule in Part 404, Subpart P, Appendix 2; and

(viii) Statements about whether or not your disability continues or ends when we conduct a continuing disability review (see § 404.1594).

These statements, if adopted, would tend to direct the determination of disability, and must therefore be made by the SSA [the Social Security Administration].

Yes, it is very frustrating when your doctor, the person who knows the most about your medical impairments, cannot determine if you are able to work or if you are disabled for purposes of a Social Security disability claim.

The way around this is to have your doctor provide very SPECIFIC information about your impairment and how it would restrict certain workplace activities. A doctor may not say that you "are disabled" or that you "cannot work." The doctor can provide specific restrictions on specific functional abilities. For instance: Your doctor may state you are able to sit or stand/walk for only a specified amount of time. (S)he may say that you are able to lift/carry on ____ pounds occasionally, frequently, continually, or never. Your doctor may state that you would likely be absent from your work about ____ days per month due to your medical condition and/or treatment. In short, the doctor is now drawing any conclusion about your ability to work or whether you are disabled under Social Security rules. (S)he is providing specific restrictions of function caused by your medical or mental conditions. Social Security will consider those specific statements.

For help being approved for Social Security disability, please contact The Forsythe Firm in Huntsville, AL at (256) 799-0297.

Free consultation and never a fee unless you win. Personalized service to meet YOUR needs.

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