CAN YOUR DOCTOR HELP YOU GET DISABILITY?

Your doctor can help you get approved for Social Security disability benefits.

However, the doctor's support can backfire if not done properly and hurt your claim.

According to 20 CFR 404.1527, medical sources may provide specific opinions about your medical condition, including diagnosis, prognosis, symptoms and functional restrictions. However, this regulations does NOT allow medical sources to do the following:

1) give an opinion about whether you are able to work, or

2) state that you are disabled

Under the above federal regulation, these 2 opinions are "reserved to the Commissioner of Social Security." Doctors are not allowed to draw these conclusions.

So, exactly how can your doctor support you case?

The doctor should address your RESIDUAL FUNCTIONAL CAPACITY....that is, the most that you are still able to do in spite of your medical impairments. Some examples of specific things your doctor may properly address include:

* Your maximum lifting capability (Example: limited to lifting/carrying 20 pounds)

* How long you can sit, stand or walk at one time

* How many breaks you would need during an 8-hour work day

* How long you ar able to maintain concentration, persistence and pace in a work environment

* How many days you would likely be absent due to your medical conditions.

* What are your abilities to: reach, balance, grasp, handle, crouch, crawl, bend, etc.

You notice that each of the above is very specific and does not draw any conclusion as to whether you are "disabled" or "able to work." However, Social Security decision makers can use the doctor's opinions to draw their own conclusions on whether there are any jobs that you can still perform.

A final note: There are excellent forms that guide the doctor in providing this information. My office has a Medical Source Statement form geared to particular medical conditions. For instance, there is a form for seizures, one for migraines, one for mental disorders, or one for psychological impairments, etc. These forms guide the doctor in providing opinions that Social Security can use, while directing the doctor away from statements that are "reserved for the Commissioner."

Don't expect your doctor to keep a supply of these forms. I've never seen a doctor who has a blank form. They are provided by lawyers and disability consultants. So, ask your lawyer or representative for a form that you can present to your doctor to fill out.