Disability Myths #1

 There are many myths out there about disability and Social Security disability in particular. This is the first in a series of articles that will address these myths and give you the truth.

 

Myth 1: If my doctor writes that I am disabled, Social Security will approve my claim.

 



Of course, it makes sense that your doctor knows you better than I or Social Security do. But Social Security does not follow common logic. If your doctor merely states that you are “disabled” without any further explanation, Social Security will ignore that statement almost completely.

 

Within the Social Security Administration’s disability programs, Social Security believes that the word “disabled” is theirs to define and who meets that definition. That definition has been discussed and clarified by regulations and court cases and can be very confusing, even to Social Security. Social Security’s definition considers your medical impairments, your limitations from those impairments, your age, your education, and your work experience. So you can see, your doctor just saying you are disabled without knowing how he/she defined the word “disabled” easily allows Social Security to disregard your doctor’s opinion. 

 

But, opinions from your doctor(s) can be very helpful. The key is to provide Social Security the information that they need to determine that your condition(s) meets their definition of disabled. This is most effectively done by your doctor clearly explaining and detailing what you can and cannot do, what limitations you have, and why. The doctor needs to explain what in their records and treatment of you led them to those opinions.

 

Our firm handles this as efficiently as possible for our clients by asking doctors fill out a questionnaire regarding your limitations. Some are for certain medical conditions and some are about your condition in general. We ask the doctor to fill out the one that is most pertinent to you and their medical specialty. In these forms the doctors’ opinions and explanation about your limitations and what you can and cannot do will be very persuasive in showing Social Security that you meet their definition of “disabled.”



George C Piemonte

Martin, Jones, & Piemonte

Board Certified Specialist in Social Security Disability Law

Admitted to the US Court of Appeals for Veterans Claims

NOSSCR Vice President

Website: www.mjpdisability.com


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