Saturday, February 15, 2014

WHEN YOUR DOCTOR REFUSES TO HELP WITH YOUR DIABILITY CLAIM

Sadly, more and more doctors are refusing to help their own patients with Social Security disability claims.


   Doctors often misunderstand what they are being asked to do.  They often feel that they are being asked to "sign up" their patient for disability benefits.  This is not true.  Doctors do not make the decision about whether a person is disabled.  Under the law, that decision is reserved only for the Social Security Commissioner.  The doctor is being asked to provide one piece of opinion evidence--one piece of evidence that Social Security can accept or ignore at their own discretion.

The form the doctor completes does not require a special evaluation or examination.  The questions are based on the medical history and the doctor's observations.  The fact is, your own doctor knows more about you, medically speaking, than anyone else, so his/her opinion is valuable in helping to make a fair decision on your claim.

Finally, the doctor's input is not time consuming.  The medical source opinion form consists mostly of boxes to check.  The doctor will never be called upon to appear or to give more information.  I have never had Social Security to subponea a doctor, even if I requested it.  They just won't do it.  The couple of minutes it takes the doctor to complete the form is the only time investment required.

Unless the doctor willfully provides false or misleading information, there is no legal liability on his/her part. 

Talk to your doctor straight.  Tell him or her what is at stake.  If he or she still refuses to help you, consider the possibility that he/she simply doesn't give a darn.  

THE FORSYTHE FIRM
Social Security Disability Specialists
(256) 799-0297