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WHY DOCTORS' LETTERS MAY NOT HELP YOUR CASE

 Many times a doctor really believes that his or her patient is disabled and needs Social Security benefits.  The doctor trys to help by writing a letter of support.  Often, these letters are of no value and can't help the claimant.  Here's why.

1.  Doctors don't know the Social Security rules. Their letter fails to tell Social Security what they need to know.

2.  Doctors often think they must conduct special tests in order to give an opinion on restricted function.  This is not true.  The forms we use ask for an OPINION (not measurement) based on the doctor's longitudinal treatment, examinations and observations of the patient.  No special tests are desired.

3.  The doctor draws a conclusion that he or she is not permitted to state under the regulations.  Doctors commonly write, "This patient has congestive heart failure, asthma and COPD and in my opinion is totally disabled and can't do any work."

This opinion is invalid for 2 reasons:  One it draws a conclusion about disability that only the Commissioner of Social Security can draw.  Two, it gives no functional limitations to prove that the patient cannot work.

3.  The doctor fails to give specific reasons why the patient/claimant cannot work.  What we need from the doctor is specific restrictions in the ability to function in a work setting.  Such as.....

  • How long can the patient sit at one time?  How long in an 8-hour day?
  • How many hours can the patient stand at one time?  How long can he/she stand at one time?
  • What is the lifting and carrying limit in pounds?
  • Would pain, fatigue or other symptoms cause off task behavior?  If so, what percentage of the time would the patient be off task in an 8-hour workday?  

What are the patient's abilities to stoop, bend, balance, reach, and kneel?  These should be rated as "No restrictions, rarely, occasionally, frequently," etc.

Because doctor's letters usually don't hone in on specifics, we like to use forms that ask specific (very specific) questions that the doctor answers.   If a doctor insists on writing a letter, instead of using my form--just ask him/her to follow  the specifics in the form.  Key word = specifics.

Some doctors seem to think that they are liable for opinions they give to Social Security:  that somehow it will come back to bite them or cause them trouble.  As long as the doctor is acting in good faith, tells the truth and does not take any unlawful Remuneration (bribe), he or she is under no threat of retaliation from the government.  The doctor is allowed to charge a reasonable fee for filling out forms or paperwork.

The best advice when trying to collect proper evidence for a Social Security claim?  Get your attorney or disability advocate to help you.  They know what forms of evidence work and which forms do not.  My office provides a free Residual Functional Capacity form or Medical Source Statement for our clients' doctors.  They work and ask all the right questions.

 "Doctors know medicine.

Lawyers know the law."

It may take both to win your benefits.

 


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