When a disability claimant is not 55 years old, does not meet or a Listing, and cannot qualify under a grid rule--he/she must prove that he cannot work.
This is more difficult than it sounds. Literally, most claimants under age 50 must prove that there are no jobs in the entire US economy that they are able to perform-- 0 jobs.
This requires proving that the claimant's ability to do work related functions do not permit full-time work at any exertion level, especially at Sedentary or Light exertion. If Social Security believes that an individual can perform unskilled minimum wage jobs at the sedentary (sit down) level, they will deny the claim.
Some jobs that will cause denial include: envelope stamper, customer service representative - call center, small product packager, surveillance system monitor, or toll booth ticket taker. A claimant must show very severe functional impairments to be approved.
An MSS or Medical Source Statement from your doctor may be the only way to prove functional restrictions so severe that the claimant cannot perform any type of sedentary or light work. The MSS must be very detailed, very specific, and must be directed at functional restrictions such as sitting, standing, walking, lifting, bending, concentration, following directions, being absent, being off task, etc.
If you have a claim pending with Social Security, you should contact your attorney, get a copy of the Medical Source Statement form and take it to your doctor. Ask the doctor to complete and sign it. Then, get the completed form back to your attorney/representative. Note: doctors do not keep these forms and they may not know what you are talking about if you ask for one. Attorneys have these forms and provide them for free, so that's where you go to get the form.
In a judge's hands, the doctor's evaluation can be a valuable piece of evidence to help you get a favorable decision.
The path to winning a disability claim runs straight through your doctor's office. Knowing what to get in terms of proof helps win your case.
Can Your Doctor Simply Write a Letter?
No. Letters from doctors are generally of no value because the doctor doesn't know exactly what he/she is required to write. Social Security is very specific in what they will accept from a doctor and what they will disregard.
This doctor's statement is totally useless: "This patient has been seeing me for 14 years. She has (list of conditions) and is totally disabled. I do not believe she is able to work at any job."
There are legal reasons why Social Security cannot and will not accept this statement. Simply put, federal laws do not permit doctors to decide who is disabled and who is not, nor can they say who can work and who cannot. What you want is to get specific limitations from the doctor that will help Social Security draw their own conclusion that you are unable to work at certain exertion levels.
The language on the Medical Source Statement is designed to be language that Social Security can accept and give weight to. That's why the form is needed, not a letter.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
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