DISABILITY: WHAT YOUR DOCTOR CAN AND CANNOT DO

I see a lot of misinformation about the role of doctors in the disability process.  I just read a post on the internet that said a note from your doctor can help you get disability benefits.  That's not entirely wrong but it is misleading.

A "note" from the doctor indicates a short or simple statement.  This generally is not admitted as evidence by Social Security judges.  Statements like, "This patient cannot work," or "This patient is totally disabled" are totally useless.  Why?  They don't explain in detail WHY the patient is disabled.  Social Security loves, loves detail and hates it when doctors draw conclusions.

What doctors may provide is a very detailed statement of your residual functional capacity (RFC).  The form I use has 6 pages of questions.  It asks the doctor to estimate the patient's function:  things like, sitting, standing, walking, lifting, stooping, kneeling, reaching, handling....etc.

I don't mean this to disparage doctors.  But most doctors don't know how detailed their statements need to be.  Social Security has very particular rules and it needs very precise and detailed functional information.  That's why we use forms and discourage letters or "notes" from doctors.

Of course, doctors will be asked to provide the patient's routine medical records.  But medical records alone are often not sufficient to prove disability.  And no medical record contains a residual functional capacity.

So, a note from your doctor won't do much good unless it uses Social Security's standards for determining disability.  And, again, doctors are not permitted to draw conclusions about who is disabled and who is not.

If a doctor writes:  "Mr. Claimant is limited to lifting no more than 5 pounds occasionally, is limited to sitting no longer than 30 minutes at one time or not more than 3 hours per 8-hour day.  He can stand only about 15 minutes at one time and  is limited to standing no more than 2 hours in an 8-hour workday.  He will be off task more than 20 percent of a workday due to back pain and probably will be absent at least 4 days per month."  Social Security may use this information to conclude that Mr. Claimant cannot work full-time at any exertion level and find him to be disabled. But that conclusion must be made by Social Security, not by the doctor.

One final thought:  Your doctor probably does not have a Residual Functional Capacity (RFC) form in his/her office.  You probably need to obtain this form from your attorney or representative, not from your doctor.  If you go to the doctor's office asking for a Residual Functional Capacity statement, the doctor may not know what you need.  I recommend that you get the form from your attorney, then take the form to your doctor and request that it be filled out.