Will You Be Denied For Disability If Your Records Indicate You Can Return To Work?There is no denying that it does not help an individual's disability claim if their medical records state that they can return to work. However, Social Security Disability determinations must be based upon objective medical evidence from acceptable medical sources (physicians, psychologists, etc.). This means that a simple statement that an individual can return to work may not carry that much wait if the medical evidence contained in the records does not support the doctor's opinion (as to the individual's ability to return to work). Very often, individuals who receive treatment for work related injuries go to doctors who are paid by the company they work for. Obviously, it is in the best interest of the company if the doctor indicates that the employee can return to work. There are so many reasons that medical record statements may diminish the degree of limitation that an individual actually has. Sometimes, these statements occur simply because the individual has reached maximum medical improvement and the doctor states that they can go back to work. Of course, the doctor often does not elaborate as to what work the individual might be able to do considering their residual functional capacity (what they are able to do despite the limitations of their condition). So there is no reason to just assume that an individual's disability claim will be denied just because there is a mention that they can return to work in their records. Each disability case is evaluated upon its medical evidence. Additionally, even if an individual's disability claim is denied at the initial disability claim level, they can use the Social Security Disability appeal process to win their benefits. If an individual appeals their disability claim through the administrative law judge hearing they have a very good chance of being approved for disability. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Can you receive short-term disability if you receive SSDI checks? Will my disability pay go back to the day I became disabled? How far back will they go on a disability back payment? If I Get Denied Twice For SSD or SSI Disability, What Do I Do? What Are The Reasons For Social Security Disability Cases Being Denied? What happens if you get denied for Social Security Disability three times? Why Will A Social Security Disability Application Get Denied? How Many Times Will Social Security Disability Deny You before You Get Approved for Disability? Can You Avoid Being Denied on a Social Security Disability or SSI Claim? What happens if a reconsideration for Social Security Disability or SSI is denied? What should be done if your disability is denied? How do you appeal if you are denied for Social Security Disability or SSI? Should you get Help from a Disability Attorney before the Claim has been Denied? How to file a disability appeal in New Jersey If you apply for disability in in New Jersey |
