The procedure the Social Security Administration uses to determine disability is governed by two important sets of rules. An experienced Chicago Social Security disability lawyer can be an invaluable resource in navigating through these proceedings.
A Chicago Social Security Disability Lawyer Discusses the Listing of Impairments
The first of these sets of regulations is the Listing of Impairments. Your Chicago Social Security disability attorney can explain that this collection of physiological and psychological impairments gives the various medical findings that constitute disability. In this list, the presence of certain findings constitutes disability even if the claimant is able to work.
The Listing of Impairments can be found online at http://www.socialsecurity.gov/disability/professionals/bluebook/index.htm. As your Chicago Social Security disability attorney can explain, a claimant whose impairment is either shown in the Listing or is similar in severity to an impairment given in the Listing can be found disabled.
The Medical-Vocational Guidelines
Your Chicago Social Security disability lawyer can advise you that unlike the Listing of Impairments, the Medical-Vocational Guidelines are primarily applicable to physiological conditions that limit the claimant’s levels of exertion. The Guidelines can, however, serve as a reference for decisions in other types of situations. Residual functional capacity, age, schooling and prior work experience combine to form the basis for a disability determination under these rules.
The Role of the Physician
Your Chicago Social Security disability attorney will inform you that while the SSA appreciates and respects the physician’s opinions, their use of the Listing is not based on that. The SSA looks to the physician to provide information rather than opinion, although if the opinion does not run counter to the Listings, it may be considered, and it is possible that the SSA may concur with it.
The Decision
Despite the fact that the doctor’s opinion is respected, your Chicago Social Security disability lawyer may remind you that the final determination falls within the purview of the Social Security Administration alone. According to the SSA, the decision as to whether or not a patient’s impairment actually meets the Listing is a matter that demands expertise different from that of a treating physician.
The View of the ALJ
As your Chicago Social Security disability lawyer can confirm, the administrative law judge will take into account a physician’s opinion concerning how the claimant’s condition relates to the Listings when the opinion is reinforced by strong supporting data.
Contact a Chicago Social Security Disability Attorney
For additional information, contact your Chicago Social Security disability lawyer by calling us today.
