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Problems in Getting Disability Forms Completed by a Doctor




 
"What do you do when your Dr leaves, moves to another state before he rec'd the forms to fill out. His PCP has been following my husband for over 5yrs & recently dx'd with Sarcoidosis in 2007 he knows everything from the beginning for this terminal mystery disease & I don't think it's fair for another dr who has never treated my husband to fill out the forms."

Related:

1. Medical source statements can be helpful to an individualís disability claim
2. Medical Evidence Used on a Social Security Disability or SSI Claim
3. Which medical treatment sources will Social Security accept for evidence?
4. A statement from a doctor can win a disability claim
5. Letters from doctors for Social Security Disability

This is a tough situation. I am not sure what to tell you with regard to options. There is always a chance that the doctor who replaced your husband's regular physician could complete the form with input from the PCP. If the new doctor is not comfortable with that, then there is not much you can do. You could always find out where your husband's doctor relocated to and express mail him the forms with a return express envelope. Of course, I would contact him to see if he would be willing to do this for your husband.

Barring any of the suggestions above, you may just have to have the new doctor complete the forms. You can always have your attorney review them before having them included in your disability case file. If the statement does not help or support a finding of disability, your attorney may discard them.

A doctor's statement (hopefully captured in the form of a residual functional capacity statement) could certainly help your husband's disability claim, however it may not be that your husband's disability claim will hinge upon such a statement, or that one may be absolutely necessary, particularly if your husband has objective medical evidence which strongly supports his claim for disability.

If this is the case, essentially that his records can allow the disability decision maker to conclude that his functional limitations rule out the ability to engage in his past work or some other form of work at the SGA income level, he will mostly likely be approved with or without a statement from his physician.

Having said that, of course, I don't want to minimize the real value and usefulness of a detailed, objective statement from a physician. These statements can often help to clarify and make plain how impaired and limited a claimant really is. And they can serve to win cases provided the statement is supported (not out of line with) by the rest of the medical record.

The ALJ disability hearing is the best chance an individual, who's been previously denied at the initial claim and reconsideration levels, has of being approved for disability. National averages show that about two thirds of all individuals who attend a disability hearing will be approved for benefits.

You're right, of course. It would be better to have his treating physician of the last five years submit his RFC statement, especially if he's seen your husband in the relatively recent past. I've had situations before where I've had to track down doctors who have relocated and it can be worthwhile.

If this physician has not seen your husband in several months, however, there's no reason why (assuming that you can locate this physician) you can't obtain and submit two residual functional capacity statements---i.e. from the doctor who moved and from whoever the current doctor is...provided this is possible, of course.

Good luck on the situation.















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Related pages:

How to file for disability in Connecticut
When do I get my disability check and back pay check?
SSI disability Application Requirements
What A Social Security disability determination is based on
Social Security Disability SSI denied by examiner
Going to a disability hearing with a lawyer
Do you meet the disability attorney before the hearing?
Are you required to have an attorney at a disability hearing?
Decision by the judge at a disability hearing
How to file for disability in New Mexico
Filing for disability with arthritis, osteoarthritis
Should you get a Disability Lawyer before you File
The SSDI SSI disability application, how to file
Working and getting Disability
Contacting Social Security about the status of your disability claim
How to qualify for disability with depression



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 provide answers to basic questions about pursuing disability benefits

How to check the status of my Social Security disability claim
To qualify for disability, what to prove
Preparation to win a disability hearing
Social Security Disability lawyers FAQ
How Much Income Can you Earn If you draw Social Security Disability?
What does Social Security Disability SSI pay, how much?
Social Security Disability Maximum back pay
Social Security Disability Claims and Medical Exams
What is qualifying for disability benefits based on?
Partial Social Security Disability SSI benefits
Filing for disability and financial help
Getting approved after a Social Security Disability Psychological exam
How long does it take to receive disability benefits after you are approved?
Does Social Security Disability Come With Medicaid Benefits?
Applying for Disability or SSI - How long does it take
Can you work if you get Social Security Disability?
Am I eligible to receive disability benefits?
What medical disabilities, conditions qualify for Disability Benefits?
How to get disability for degenerative disc disease
What mental problems qualify for disability?
Conditions that get approved for disability