MUST YOUR DOCTOR COMPLETE DISABILITY PAPERWORK?

Every applicant for disability benefits needs a Medical Source Statement from their doctor. Some doctors are willing to cooperate....but many won't. Is your doctor required to complete your disability form? No, there is no law requiring a doctor to complete disability paperwork. When they refuse, your chance of getting benefits diminish.

Why do many doctors refuse to complete disability paperwork? It can be a mystery but the following seems to be top reasons for non-cooperation by doctors.

1. They won't take the time. Since the forms are often long and complicated, it can take a pretty good investment of the doctor's time.

2. There is no fee involved for the doctor. Most doctors don't get paid for filling out a disability form. Even if they do, the pay is far less than they could make seeing patients and billing the insurance company.

3. They misunderstand the nature and purpose of the form. I hear a lot of doctors or staff say, "We don't have the equipment to do a residual functional capacity here." However, the form does not ask for a residual functional capacity examination; It asks the doctor for a professional opinion based on information already in the doctor's file.

4. Doctors fear getting involved in any kind of legal battle. Social Security involves the government and doctors fear the government. Most of them fear or hate lawyers because they've had bad experiences with them, or they know a doctor who has. Simply put, doctors often think "There's nothing in it for me but maybe a lot of aggravation and hassle."

WHAT CAN YOU DO IF YOU DOCTOR REFUSES TO COMPLETE FORMS?

1. Find a new doctor. However, your new doctor probably doesn't know enough about you yet to fill out the form. You are, after all, a new patient.

2. Ask for the doctor to provide a narrative report that specifies your symptoms and possible limitations. Caution: This report must be specific. A letter with only a general statement about disability is worthless. For example: "Mrs. Claimant has been myh patient for 10 years and I don't believe she is able to work. She is unable to perform any gainful work in my opinion." Why? What specific functions can Mrs. Claimant not perform? What are the degrees of her restrictions?

3. Pay for a Residual Functional Capacity by a physical therapist, rehabilitation physician or similar provider. Caution: Your insurance won't pay for it and it will be costly. Also, Social Security may not give it as much weight as a statement from your own treating physician.