Thursday, February 27, 2020

3 THINGS TO LOOK AT WHEN FILING FOR DISABILITY

Three things can help you get approved for Social Security disability (SSDI):

1.  The Listings.  These are published guidelines of the impairments that automatically qualify for disability benefits, if your symptoms are as severe as those found in the listings.  While only a small percentage of claimants will meet a listing, this should be considered.

2.  The Medical Vocational Guidelines.  These "grids" often help a claimant who is age 50 or over to be approved.  These are charts which consider the combined factors of age, residual functional capacity, previous work experience, and education to direct a decision.

3.  A Doctor's Evaluation of your Residual Functional Capacity (RFC).  If your doctor will provide a detailed estimate of your functional restrictions, it can help get your claim or appeal approved.  This requires a specific statement of functional ability, not just an opinion that you are disabled or cannot work.  The following doctor's statements are NOT useful:

A.  "This patient, in my opinion, is not able to work.  He should be given full disability benefits."

B.  "In my professional opinion, this patient is totally disabled.  She has severe arthritis which renders her unable to work a full-time, or even a part-time job."

Why are these statements useless?  For two reasons:

  • They draw conclusions which only the Commissioner of Social Security may make.  Doctors cannot say who is disabled and who is not.
  • The statements are much too general or vague.  They do not address specific functional limitations, such as restrictions in the patient's ability to sit, stand, walk, bend, lift, kneel, reach, etc.
Well meaning doctors often tell patients, "You qualify for disability.  Take this letter to Social Security and you will be approved."  

However, if your doctor completes the proper paperwork, it can have a great impact on getting your disability claim approved.

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