WHAT HELPS YOU GET DISABILITY BENEFITS

How often you see your doctor is an important factor in your Social Security disability claim.  A judge must evaluate your functional limitations, not just your diagnosis.  Without regular doctor visits, it will be difficult to evaluate your functional limitations.  
Cases can be denied for many reasons; however, the lack of medical treatment is nearly always a factor.  The fact is that medical treatment forms the basis for proof of disability.

I have mentioned functional limitations.  Let me explain what I mean by this.  A function refers to the ability to sit, stand, walk, bend, lift, reach, handle, use your fingers, and other important physical functions.  Mental functions include the ability to understand, remember and carry out instructions; to stay focused and on task, to respond appropriately to supervisors and co-workers, and to complete work in a timely manner.  

In evaluating limitations in these functions, a judge must be able to determine the degree of limitation or severity.  How long can you sit, stand or walk?  If you are limited to standing 15 minutes at a time, that is much different from being able to stand for 1 hour at a time.  

I like to get a client's treating doctor to fill out a form listing functional limitations and how severe they are.  This is called a Residual Functional Capacity statement.  It doesn't require a special examination but is based on what the doctor knows about the patient due to past medical history.  This form can really help a person get approved for disability benefits.

We sometimes see letters from doctors which do not qualify as residual functional capacity statements because they are too general or vague.  Consider a letter that says something like.....

"This patient has severe (disease) and in my opinion is totally disabled.  He cannot perform any gainful employment due to his disability."

This letter is useless for Social Security cases.  

One, it is too vague and does not say why the claimant can't work.  Two, it draws a conclusion that doctors are not allowed to decide under the law.  Doctors cannot say who is disabled or who is not.  That is for Social Security to decide.  

So, what is the best way to approach a statement from your doctor?  Get one of our forms which asks the right questions. It may take the doctor a few minutes longer to complete the form, but it will be admissible evidence.

See your doctor, follow medical advice, and lay the medical ground rules for a disability case.  It's one of the most helpful things you can do before applying for SSDI.