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CJ Henry Law Firm, PLLC

How Your Treating Doctor Determines Your Capacity to Work

  • Published: June 8, 2011

The Social Security Administration’s determination of disability is based not just on objective medical evidence, but also on subjective symptoms that are often very hard to measure. This is because symptoms of pain aren’t readily quantifiable by clinical tests or laboratory diagnostic techniques. In this article, Ocala disability lawyer CJ Henry explains why the Social Security Administration may need to ask your treating doctor for a subjective opinion on your medical condition.

The Social Security Administration may ask your treating doctor for an opinion as to the nature and severity of your symptoms. Social Security will also inquire as to what kinds of activities you’re still able to do in spite of your medical impairments and what your physical or mental restrictions are. In order to assess this, your treating doctor will have to use his professional judgment to determine if: (1) there’s a reasonable connection between your symptoms and the medical diagnosis; and (2) if your claimed symptom-related limitations on activities are consistent with medical findings.

Your treating doctor should not compare you and your particular situation with the “average person” who has the same impairment. This is because the Social Security Administration realizes that the same medical symptoms can affect different people in different ways. Some may be more tolerant of pain, and some are less able to cope with their physical impairment. For example, a person with a lower back disorder may still be able to perform medium work activity, but another person with the very same disorder might not be able to do anything more than sustained light activity.

Your treating doctor’s opinion as to the nature of your impairment and your remaining ability to perform work activities is important. This is why you should get the help of experienced Ocala disability lawyer CJ Henry. I will work with your treating doctor to make sure the he gives an informed and helpful opinion that will facilitate the Social Security Administration’s determination of your disability. Contact me using the form on this page to schedule a free initial consultation.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More