MY DOCTOR WROTE A LETTER BUT IT DIDN'T HELP WITH DISABILITY
You have applied for Social Security disability, been denied, appealed and scheduled for a hearing. Your doctor writes a letter saying that he believes you are disabled and cannot work. The judge ignores the letter and again denies your benefits. What went wrong?
You failed to meet your burden of proof. The doctor's letter was not on a form approved by Social Security. It's more than a technicality. Here's why:
Under the law, the decision about whether you can work belongs to the Commissioner of Social Security. No one else can make that decision. Your doctor is not allowed under the law to tell Social Security that you are disabled.
Here is what your doctor should do--and this is an acceptable form of evidence: Outline the specific reasons why you cannot work. Describe your limitations in such functions as sitting, standing, walking, bending, reaching, lifting, concentrating, persisting, etc.
A letter that, "This patient is disabled and cannot work" is much too general - and tries to draw a conclusion that Social Security alone can draw.
Your doctor should state something like this (just as an example): "This patient suffers from 3 herniated discs in the lumbar spine which produces significant and constant pain radiating to the bilateral legs. Because of pain, she is able to sit for about 15 minutes at a time but not more than 2 hours out of an 8-hour day. She can stand for only about 10 minutes at a time but no more than 3 hours out of an 8 hour day. She would be limited to lifting less than 10 pounds occasionally and she can never stoop or twist. It is my opinion that her pain and the medication required to control the pain would cause her to be off task more than 20 percent of an 8-hour workday. She would probably need to be absent 3 or more days per month because of treatment or symptoms."
There's enough specific detail in that letter to potentially meet your burden of proof and allow Social Security to determine that you are disabled according to their definition.
There is a form that I like to use (better than a letter). It is called a Treating Source Statement or Medical Source Statement. The form guides the doctor in giving specific information needed to support your disability claim. My office provides these forms free to our clients, even to non-clients who call and request them. Since we use these forms regularly in hearings, we know what information the judge needs in order to consider your disability claim. And that information is included on our forms.
PHONE US (256) 799-0927 for a free consultation.
SOCIAL SECURITY JUSTICE - OUR WEBSITE
*If we represent you, we will never ask you for money. After your claim has been approved and your backpay issued, Social Security will approve our agreed upon fee and pay us directly (out of your back pay benefit). If you are not approved with back pay, you will never owe us a fee for anything we did on your case, even for money we spent out of our pocket to get evidence or develop the case. You pay only if you are successful.
You failed to meet your burden of proof. The doctor's letter was not on a form approved by Social Security. It's more than a technicality. Here's why:
Under the law, the decision about whether you can work belongs to the Commissioner of Social Security. No one else can make that decision. Your doctor is not allowed under the law to tell Social Security that you are disabled.
Here is what your doctor should do--and this is an acceptable form of evidence: Outline the specific reasons why you cannot work. Describe your limitations in such functions as sitting, standing, walking, bending, reaching, lifting, concentrating, persisting, etc.
A letter that, "This patient is disabled and cannot work" is much too general - and tries to draw a conclusion that Social Security alone can draw.
Your doctor should state something like this (just as an example): "This patient suffers from 3 herniated discs in the lumbar spine which produces significant and constant pain radiating to the bilateral legs. Because of pain, she is able to sit for about 15 minutes at a time but not more than 2 hours out of an 8-hour day. She can stand for only about 10 minutes at a time but no more than 3 hours out of an 8 hour day. She would be limited to lifting less than 10 pounds occasionally and she can never stoop or twist. It is my opinion that her pain and the medication required to control the pain would cause her to be off task more than 20 percent of an 8-hour workday. She would probably need to be absent 3 or more days per month because of treatment or symptoms."
There's enough specific detail in that letter to potentially meet your burden of proof and allow Social Security to determine that you are disabled according to their definition.
There is a form that I like to use (better than a letter). It is called a Treating Source Statement or Medical Source Statement. The form guides the doctor in giving specific information needed to support your disability claim. My office provides these forms free to our clients, even to non-clients who call and request them. Since we use these forms regularly in hearings, we know what information the judge needs in order to consider your disability claim. And that information is included on our forms.
PHONE US (256) 799-0927 for a free consultation.
SOCIAL SECURITY JUSTICE - OUR WEBSITE
*If we represent you, we will never ask you for money. After your claim has been approved and your backpay issued, Social Security will approve our agreed upon fee and pay us directly (out of your back pay benefit). If you are not approved with back pay, you will never owe us a fee for anything we did on your case, even for money we spent out of our pocket to get evidence or develop the case. You pay only if you are successful.
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