social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Monday, September 14, 2009

Will I get Disability if my Psychiatrist says I can't Work?

Without a doubt, if your treating physician or treating psychiatrist is supportive of your claim for social security disability or claim for SSI disability, that's a good thing.

However, there are several things to keep in mind with a subject like this.

1. Your doctor doesn't make the decision on your disability case. The disability examiner who reviews your claim will attempt to get records from your treatment sources, but how this adjudicator (or the judge if the case is at the hearing level) interprets the records may not be predictable by anyone, including your doctor.

2. Your doctor may tell you that he or she supports your case, but the records obtained from this individual may be fairly spartan. That is, they may make little reference to your functional capacities and functional deficits. Well, the problem there is that...this is how the social security administration makes decisions on claims, by looking at your records and determining what you can and cannot do (mentally and/or physically). By doing this, SSA can attempt to determine if you are able to engage in work activity at the SGA, or substantial gainful activity level. Of course, if your records are lacking in this regard, SSA may send you to a social security medical exam, or CE (consultative exam). However, these examinations are seldom instrumental in actually winning cases. Typically, they are used only to provide recent medical record documentation so a case can be closed.

Will social security attempt to get a letter from your doctor to help your case? Sadly, no. And if you provide a statement form your doctor (see RFC, residual functional capacity form) while your case is pending at the initial claim or reconsideration level, it may not provide much boost since disability examiners often disregard the opinions of treating physicians. However, if you or your representative choose to obtain a statement from a treating source and submit to an administrative law judge at a disability hearing, it can provide quite a boost and may even help win your case.

3. This is the most unpleasant possibility. I've been involved in cases where a treatment source would indicate to their patient that they would be supportive of the claim. Then, when it came time to do this, they refused to fill out an RFC form. On a later phone contact, they would even say they didn't think their patient was disabled. Why mislead their patient? In most cases, they didn't believe they were misleading their patient but, instead, were trying to avoid telling their patient their true opinion: that they did not actually support their claim for disability.

Now, having said all this, if your psychiatrist tells you that, in his or her opinion, you can't work and have a strong case for disability benefits, you can probably take them at their word. Not all situations are like the ones I just described. However, please bear in mind that the decision on your case is made by an adjudicator. Your doctor has no decisional input whatsoever.







Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions


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    Who makes the social security disability or SSI decision?
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    Social Security Disability Prior Posts

    Social Security Disability Secrets Blog
    Eligibility for disability benefits
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    Qualifying for disability on the first application
    Winning your Social Security Disability
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




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