CAN DOCTORS APPROVE YOU FOR A SOCIAL SECURITY DISABILITY CHECK?

In short, No, doctors cannot approve anyone for a disability benefit.

Under the federal law, only one individual can find that a person is legally disabled  and that is the Commissioner of Social Security.  This decision is one of a handful of decisions "reserved to the Commissioner."  Thus, a doctor's opinion regarding disability is of no use at all and will be ignored by decision makers. Social Security alone can make that decision.

 However, doctors may offer their opinion about a claimant's restrictions of function.  This opinion must be supported by treatment records and must be consistent with the entire body of medical evidence.  A doctor's opinion may be "conjured out of thin air."

The doctor's opinion must be very specific and must be related to function. The following are examples of opinions that doctors may provide and which will be considered by Social Security.  These are only samples:

 It is my opinion that due to severe degenerative disc disease and chronic back pain, this patient will be limited to sitting no more than 30 minutes at one time and not more than 4 hours out of an 8-hour day.  OR...

This individual could stand or walk in combination for about 15 minutes at one time but not more than about 2 hours per 8-hour day.  OR....

This patient will be able to lift and carry no more than 10 pounds frequently and up to 20 pounds occasionally.  OR.....

Based on Major Depressive Disorder, PTSD and Anxiety Disorder, this individual will need a ten minute break every hour, will need to be refocused about once an hour and he/she will be off task about 15 percent of the workday.

It is my opinion that due to chronic pain syndrome caused by herniated discs and sciatica, Mr. _______ would be absent 2 or 3 days of work per month.

Notice that each opinion provides a very specific limitation that explains the cause of the limitation, which function is limited, and exactly how severe the limitation is.

A doctor's letter that says something like this is useless and will not be considered by Social Security:  "I have treated Ms. ______for fifteen years for chronic back pain and depression.  It is my opinion that she is totally and permanently disabled and is not able to work any job. She should receive disability benefits."  Here, the doctor is making a determination reserved to the Commissioner.

Your attorney-advocate can direct you in what evidence your doctor can and should provide to help your disability claim.  Most attorneys have their own form for the doctor to complete, which will be admissible and potentially effective with Social Security decision makers and judges.