WHAT'S A MEDICAL SOURCE STATEMENT?

You may have been asked to get a Medical Source Statement (MSS) from your doctor. What is this and why is it needed?

First, what is a Medical Source Statement? It is a form that asks your doctor to specify how you are limited in performing specific work related functions, like sitting, standing, walking, reaching, stooping, lifting, or handling. It could also ask about mental functions such as memory, understanding directions, working around other people, following instructions, etc.

Why is it needed? Social Security regulations require a claimant to prove how his or her medical condition causes severe loss of function needed to perform certain types of work. Which restrictions make the claimant unable to perform medium or light work? Which restrictions cause him/her to be unable to do sedentary work?

Doctors or psychologists may not declare someone to be disabled or unable to work. According to 20 CFR 404.1527, these decisions are reserved to the Commissioner of Social Security. What we want from a Medical Source Statement is limitations of functions that would cause the Commissioner to conclude that the claimant cannot work.

For example, all full-time work requires that an individual be able to sit, stand or walk, in some combination, for 8 hours per day on a "regular and continuing basis." So, if a doctor states that an individual is restricted to sitting for 3 hours per day, standing 2 hours and walking 1 hour, the Commissioner should conclude that this person cannot work an 8-hour day. Therefore, he or she would be disabled according to the regulations.

Another example: A psychiatrist states that a patient's psychological stress would cause him/her to be off task at least 20 percent of a workday, and to be absent 3 or more days per month. That should mean that the individual could not work 8 hours a day "on a regular and continuing basis," and is therefore disabled.

Or take the case of an individual with herniated lumbar discs. An orthopedic specialist states that this person would be restricted to never lifting more than 5 pounds. Even sedentary work requires a person to be able to lift "up to 10 pounds occasionally." So a 5-pound lifting restriction will not permit any work, even at the sedentary level. So, a finding "disable" should result.

Two final words about Medical Source Statements: (a) Social Security is not obligated to accept opinions contained in the statements. Usually, it depends on whether the person giving the opinion has proper support for the opinion. For instance, there should be X-rays, MRIs or other objective proof that the claimant above has herniated lumbar discs, and that a 5-pound lifting restriction is reasonable. (b) Specific functional restrictions are not usually found within a patient's routine medical records. That's why your attorney will try to get a separate Medical Source Statement from your treating physician. You must ask for them; they don't automatically come with the medical records.