A DISTURBING TREND IN DISABILITY CASES

In my Social Security disability practice, one of the disturbing trends I am seeing is refusal of doctors to "get involved" to furnish opinion medical evidence for claims.

Most doctors will provide routine medical records but many won't do anything further, such as completing a form.  Unfortunately, medical records alone often do not support a disability award--even when the claimant is really disabled.

Many Social Security disability claimants have very limited access to medical treatment.  Some have to go to community free clinics.  These individuals often have more limited medical resources than most.

The reason that routine doctor's records are insufficient in disability claims lies in the nature of the claim itself.  Social Security requires that you prove an inability to perform work activities--such as lifting, bending, stooping, crouching, or even sitting, standing or walking.  Doctor's records do not usually delve into those areas of function at all.

In a mental claim, we need to prove the inability to concentrate, understand and follow simple instructions, make judgments on work related matters, respond appropriately to supervision and co-workers and adapt to changes in work routines and environment. we need to assess whether a person can persist for 8 hours a day, 5 days a week or a similar work schedule.  Again, doctor's records do not typically address those issues at all.

What is often needed is a "Medical Source Statement" that details specific limitations, as outlined above.  This form does not require a special examination or measurement of function.  It only asks for the treating physician's professional opinion--based on treatment, history and symptoms observed. The only downside for the doctor is the few minutes it takes to complete the form.  The upside for both doctor and patient is the patient's potential for improved medical care with Medicare and money to pay for treatment.

 

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