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Social Security Disability Definitions

Social Security Disability and SSI Overview

The Requirements for Disability

Social Security Disability and SSI Applications

Tips and Advice for Disability Claims

How long does Disability take?

Common Mistakes after Receiving a Disability Denial

Social Security Disability and SSI Denials

Social Security Disability and SSI Appeals

Social Security Mental Disability Benefits

Disability Benefits offered through Social Security

Benefits through SSI disability

Disability Benefits for Children

Disability Qualifications and How to Qualify

Social Security Disability and Working

Winning your Disability Benefits

Social Security Disability Back Pay Benefits

Social Security Disability SSI Awards and Award Notices

Disability Lawyers and Hiring an Attorney

Social Security Disability SSI List of Conditions

What is considered a Disabling condition by Social Security?

Social Security Disability SSI and Medical Evidence

Filing for Disability Benefits

Eligibility for Disability Benefits


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Will my doctor charge me for a letter for my social security disability claim?




 
Whether or not your doctor charges you for a letter or statement to help your disability claim...depends on the doctor.

There are some doctors who absolutely refuse to become involved in disability cases and others who will supply a statement in support of your claim, but only if you pay a fee. Some doctors charge hundreds of dollars--if you are a patient of one of these doctors, consider changing physicians before filing a disability claim, and certainly well in advance of a hearing before an administrative law judge.

Though no one wants to appear to be a ďdoctor shopper,Ē if your physician appears not to believe you are disabled, this will naturally provide the potential to hurt your chances of winning social security disability or SSI benefits.

Itís important to note that physician statements usually have little affect on your chances of winning a disability claim at the first two levels of consideration, the initial social security application and the reconsideration appeal. This is because the disability examiners in charge of deciding these claims, who are employed by the state disability determination services agency (DDS), typically make their decisions based on medical records and the opinion of the social security doctor assigned to their unit. Thereís a lot of pressure within DDS for examiners to keep the number of approvals down.

However, if you are scheduled for a disability hearing you should do everything in your power to get a statement from your physician in support of your claim, even if it takes several attempts to do so.

The statement should address your residual functional capacity (RFC), spelling out the physical and mental activities or tasks you can or cannot perform due to your impairment. Doctorís notes are usually not enough; they tend to include symptoms, diagnosis, record of medical treatment, and prognosis without going into detail about how the patientís ability to participate in substantial gainful activity (earning a living) is affected.

The physician statement does not have to be lengthy, but should be clear regarding residual functional capacity. In fact, there are boilerplate RFC forms that are nothing more than 5- to 8-page check-off forms. They take very little time to complete (about 15 minutes including the time it takes to pull your chart). If you have a disability attorney, the chances are that your attorney will have RFC forms on hand and he or she will probably attempt to get RFC forms completed by your doctor, or doctors, in preparation for a disability hearing.

ALJs (administrative law judges) usually pay more attention to physician RFC statements that help them to decide if a claimant can perform past work, some ďother work,Ē or is unable to work enough to participate in substantial gainful activity; i.e., eligible for disability benefits.

In all candor, at the hearing level a supportive letter or statement from your physician can mean the difference between winning or losing a claim for SSD or SSI. If you are being represented by a disability attorney at your hearing and he or she has not requested such documentation from your physician, you might want to consider your representative about this. Itís that important.

If you are representing yourself at your disability hearing (a bad idea for so many reasons) do not be like the other 90 percent of those who do not hire a disability lawyer and show up to your hearing without a residual functional capacity statement that bears the weight of your physician's opinion (as well as the weight of their signature as the M.D. who treats you).

There are some physicians who absolutely refuse to supply an RFC, be it on the request of a patient or a disability attorney. You canít know if your physician is one of those unless you ask. Although it may be awkward, if you are filing for SSD or SSI you should ask your physician this question as soon as possible. You have a much better chance of winning benefits if your physician is supportive of your claim, particularly if the physician has been treating you since your symptoms first began.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria