The opinion of the treating physician has a powerful bearing on disability cases. In this page, Chicago Social Security lawyers address its importance.
Functional Capacity Forms
The SSA (Social Security Administration) considers it necessary to amass a great deal of data in order to thoroughly assess a claimant’s ability to work. If a claimant and his/her Chicago Social Security lawyers are to present their case before an administrative law judge, the data becomes even more vital, so the greater the detail, the better.
Even though all the questions on the form may not seem directly pertinent to your specific situation, conscientious Chicago Social Security attorneys will recommend that nothing be omitted.
Impact of Details on the Hearing
Experienced Chicago Social Security attorneys can tell you that since ALJ hearings involve statements related to the job market from vocational specialists, information from the doctor concerning the types of work the patient can perform has direct bearing on their testimony. The simple fact is that details matter. One tiny scrap of information can become a deciding factor in a case.
It May Take More Than “Yes” Or “No”
When a question on a functional capacity form requires more information than a simple yes or no, Chicago Social Security attorneys may advise the physician to add his/her explanations in the margins on the forms. Again, the more relevant details the doctor can provide, the better. This is important so there can be no doubt of the doctor’s meaning.
Chicago Social Security lawyers can caution you that the SSA looks strongly on the amount and quality of the data provided by the doctor in evaluating his/her opinion. It is important that the doctor’s information be clear and comprehensive. 20 C.F.R. § 404.1527(d)(3).
Possible Biases
Chicago Social Security lawyers sometimes encounter the thought on the part of doctors that unless the patient is completely incapacitated, he or she should be able to work in some manner or other if sufficient accommodations can be made. Doctors often wonder about this bias and if they need to take these ideas into account as they complete the forms.
This thought is not exclusive to physicians. It is one that some attorneys may be in agreement with, along with many SSA judges. This viewpoint, rather than being a bias, can actually be of value. A physician who feels that his/her patient can do limited, part-time or light work should make this evident on the forms. Further, Chicago Social Security lawyers will appreciate the opinion of the physician as to such accommodations that the doctor may feel are appropriate to the patient’s needs and abilities, especially if those accommodations can enable the patient to perform work full-time.
If You Have Questions
Whether you are a physician or a claimant, don’t hesitate to seek such help or information as you may require. Call the Chicago Social Security lawyers today.
