USING MEDICAL OPINION EVIDENCE TO WIN DISABILITY

There are 2 types of medical evidence:  objective medical evidence and opinion medical evidence.

Objective medical evidence consists of things like X-rays, laboratory tests, MRIs or CAT scans.  These are found in your doctor's records.

Opinion evidence is quite different and is generally not found in doctor's records.  (You must go after it separately, sometimes at great effort). Opinion evidence is where your doctor renders an opinion on how your medical condition affects your ability to perform certain functions or activities. 

For example, an MRI may show that you have 2 herniated discs in your lumbar spine.  This is objective evidence.  It is what it is.  The doctor may then give an opinion as to how the herniated discs affect your ability to lift, sit,stand or walk. That is opinion evidence.  If your doctor states:  "The patient would be limited to lifting no more than 10 pounds occasionally, sitting no longer than 30 minutes, standing no longer than 15 minutes at a time, or walking no more than 300 feet," that is opinion evidence.  It can be valuable.

Opinion evidence is used to form "residual functional capacities," that is--What is the most work like activity that an individual can perform on a sustained basis?  This will be used by decision makers to determine what type of jobs, if any, the claimant would be able to perform.  That, in turn, will determine whether the claimant meets the rules for Social Security disability benefits.

We should note here that broad, general conclusions by doctors are not useful.  For example, the statement, "It is my opinion that this patient is not able to perform any type of work and is totally disabled," is not useful.  This conclusion is reserved solely to the Commissioner of Social Security under the federal regulations (20 CFR 404.1527(d); SSR 06-03(p); SSR 96-6(p), etc.).  Doctors may not determine who is and who is not disabled.

A doctor's statement that addresses the patient's ability to sit,stand, walk, lift, carry, push, pull, concentrate, make decisions or perform other specific work related functions can be very useful opinion evidence.

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