 SSDRC What is the Application Process for Social Security Disability and SSI? How do you Win Benefits under Social Security Disability or SSI? If I am determined disabled, how far back will Social Security pay benefits? How do you prove your disability case if you have a mental condition? What Can I Do to Improve My Chances of Winning Disability Benefits Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits How to File for Disability - Tips for Filing If You Get Approved For SSDI Will You Also Get Medicare? How much does a Social Security disability attorney get paid? Social Security Disability SSI Criteria and the Evaluation Process How long does it take to be approved for SSI or Social Security disability? What do you Need to Prove to Qualify for Disability Benefits? Social Security Disability SSI and Fibromyalgia Social Security Disability SSI and Degenerative Disc Disease Can I Qualify For Disability and Receive Benefits based on Depression? Answers to questions about SSD and SSI disability What Disabilities Qualify for SSI and Social Security Disability Benefits? Social Security Disability Status Social Security Disability Tips — how a claim gets worked on Social Security Disability, SSI Disability - Terms, Definitions, Concepts |
Can you be denied for disability even if your doctor recommends that you be approved?How to prove you are disabled and win disability benefits The decision that is made on your social security disability or SSI disability case will be made on the basis of both vocational and medical information. This means A) the information that is in your medical treatment records and B) your job history, including the the titles of the jobs that you have worked and a detailed description of everything that was done on a particular job. For more information regarding your work history, you may wish to read the following pages: 1. Social Security Disability and the Job that You Worked 2. What does social security mean by past work? The medical information will, of course, include whatever records are obtained from your doctor or doctors. The social security administration (SSA) has a term for the doctor that has been responsible for treating your specific condition; for example, your family doctor or endocrinologist for diabetes, a psychiatrist or psychologist for depression or bipolar disorder. That term is "treating physician". Some individuals will have one treating physician and other individuals will have several treating physicians. The treating physician is simply a doctor who has a history of providing treatment to the claimant and is familiar enough with the claimant (with regard to their diagnosis, history of response to treatment, and prognosis) that they can provide a medical opinion as to what the claimant is capable of doing, or not capable of doing, i.e. what their functional limitations are. However, even though SSA considers that the claimant's treating physician is qualified to provide a medical opinion (either directly through a letter or through what their treatment notes have to say), the outcome of a disability claim cannot necessarily be determined on the basis of a doctor's recommendation. This works both ways, of course, meaning that a claimant will not necessarily be denied if a doctor states that, in their opinion, their patient IS NOT DISABLED. By the same token, a claimant will not necessarily be approved if their doctor states that their patient IS DISABLED. How does a person get approved for disability benefits from the social security administration? For a claimant to be approved for disability, the medical evidence must indicate that they have sufficient limitations that make it impossible for them to work (at one of their former jobs or doing some type of other work) and earn a substantial and gainful income. And these limitations are extrapolated from the information contained in A) a claimant's medical records and B) whatever statement a doctor may provide. However, in cases where statements are offered by a claimant's doctor, the opinion reflected in the physician's statement must be consistent with the medical records. In other words, a statement saying the claimant is disabled will not seem valid to SSA if the doctor's own office notes do not reflect this opinion, or do not indicate that the condition is sufficiently severe enough to rule out work activity. Note: SSA does not attempt to get statements from treating physicians; these are usually only obtained by disability lawyers at social security hearings. 
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Topics and Questions SSD and SSI are Federal Programs The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Recent approval and denial statistics for various states can be viewed here: Social Security Disability, SSI Approval and Denial Statistics by state Special Section: Disability Lawyers and unnecessary claim denials |