HOW YOUR DOCTOR MAY HELP YOU GET DISABILITY
My doctor wrote a letter stating that I am totally disabled and unable to work at any job. Social Security denied my benefits, anyway. What gives?
Your doctor is trying to make a determination on a matter which is "reserved solely to the Commissioner of Social Security" under such regulations as SSR 96-5p, 20 CFR 404.1527, etc. In short, only the Commissioner of Social Security or her designated representative may find you to be disabled. The doctor may not.
That being said, your doctor's medical opinion may be very helpful in getting your benefits approved, especially at the appeal level. The doctor's opinion, however, should not merely be a general statement that he/she feels that you are disabled or that you cannot work. It must be more detailed and address specific job functions, such as lifting, bending, standing, sitting, kneeling, climbing stairs or ramps, concentration, memory, etc.
USELESS STATEMENT: "I have examined this individual and found that she is not able to work. She is totally disabled." (Useless because it does not explain why she is disabled).
VERY HELPFUL STATEMENT: Ms. ____ has been a patient of mine since 9/3/13. She is diagnosed with severe arthritis, degenerative joint disease, major depressive disorder and chronic pain syndrome. Ms. ____ is able to stand/walk for about 15 minutes at a time and no more than 2 hours per 8 hour day. Due to back pain, she can sit for no more than 30 minutes at a time and no longer than 4 hours per 8 hour day. Because of DJD, she is limited to lifting less than 10 pounds occasionally. I find her to experience marked deficits in her concentration and memory, which would interfere with even simple work processes. I estimate that she would be absent from work at least 3 days per month due to her chronic and severe conditions. Sincerely, ____________, MD.
The second example is useful because it is very specific and addresses the reasons why the claimant would not be able to work 5 days a week, 8 hours per day on a sustained basis. I use a form which is a bit more detailed than the above--but this gives the general idea. These forms are usually called "Medical Source Statements." Ideally, they should be completed by a treating physician or clinical psychologist (for mental disorders) who has examined and treated the patient for a sufficient period of time to make the doctor familiar with the patient's symptoms and severity.
A final note, the statement by the doctor should be consistent with the medical record. Otherwise, it will probably be given little weight.
Your doctor is trying to make a determination on a matter which is "reserved solely to the Commissioner of Social Security" under such regulations as SSR 96-5p, 20 CFR 404.1527, etc. In short, only the Commissioner of Social Security or her designated representative may find you to be disabled. The doctor may not.
That being said, your doctor's medical opinion may be very helpful in getting your benefits approved, especially at the appeal level. The doctor's opinion, however, should not merely be a general statement that he/she feels that you are disabled or that you cannot work. It must be more detailed and address specific job functions, such as lifting, bending, standing, sitting, kneeling, climbing stairs or ramps, concentration, memory, etc.
USELESS STATEMENT: "I have examined this individual and found that she is not able to work. She is totally disabled." (Useless because it does not explain why she is disabled).
VERY HELPFUL STATEMENT: Ms. ____ has been a patient of mine since 9/3/13. She is diagnosed with severe arthritis, degenerative joint disease, major depressive disorder and chronic pain syndrome. Ms. ____ is able to stand/walk for about 15 minutes at a time and no more than 2 hours per 8 hour day. Due to back pain, she can sit for no more than 30 minutes at a time and no longer than 4 hours per 8 hour day. Because of DJD, she is limited to lifting less than 10 pounds occasionally. I find her to experience marked deficits in her concentration and memory, which would interfere with even simple work processes. I estimate that she would be absent from work at least 3 days per month due to her chronic and severe conditions. Sincerely, ____________, MD.
The second example is useful because it is very specific and addresses the reasons why the claimant would not be able to work 5 days a week, 8 hours per day on a sustained basis. I use a form which is a bit more detailed than the above--but this gives the general idea. These forms are usually called "Medical Source Statements." Ideally, they should be completed by a treating physician or clinical psychologist (for mental disorders) who has examined and treated the patient for a sufficient period of time to make the doctor familiar with the patient's symptoms and severity.
A final note, the statement by the doctor should be consistent with the medical record. Otherwise, it will probably be given little weight.
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