OBJECTIVE EVIDENCE VS. OPINION EVIDENCE
Finding evidence to prove a Social Security disability claim is a challenge. There are two types of medical evidence. Each type has a role in proving that you are disabled according to the law.
Objective Medical Evidence refers to things like imaging studies, laboratory tests, physical examinations and other signs. This would include MRI or CT scans, laboratory results, EKG studies, doctor's examinations, etc. This type of evidence is included in most routine medical files that we get from doctors, hospital, clinics, etc.
Opinion Evidence is quite different. It is the doctor's professional opinion of how your illness, disease and symptoms limit your ability to work. For example, if your doctor states that you are not able to lift more than 10 pounds and cannot stand longer than 15 minutes--that is opinion evidence. This type of evidence is not found in routine medical records. We have to go after it separately and it usually takes great effort to get. It's like pulling teeth, as the old saying goes.
Why Opinion Evidence is Important. Social Security will usually not award benefits based on the fact that the claimant has a certain disease or impairment. If the disease is not catastrophic, Social Security will acknowledge that the claimant has the disease but will argue that he/she can work anyway. Opinion evidence is used to show that the symptoms are so severe that the claimant cannot work on a regular and continuous basis, which is what the regulations require to get a benefit. This is what wins cases.
Also, Social Security will usually have their own medical opinion in the file. This will come from one of two possible sources, maybe both:
1) Social Security will have a doctor sign off on your denial at the time the decision was made. This becomes opinion evidence that says you are not disabled and do not meet the rules for disability payments. You never want this to be the only medical opinion in your file.
2) Social Security may have sent you to one of their doctors for a special "consultative examination." These exams almost never find evidence of disability. These doctors always say that the claimant's impairments are not severe enough to prevent work. Thus, they support a denial of benefits.
So, you have one or two doctors reports already in your file saying you are not disabled. What's wrong with that? First, the doctor who first denied your claim has never met or examined you. Never laid eyes on you. So, his opinion is suspect. The doctor who did your consultative exam did examine you, of course--but it was a one-time exam that lasted 30 minutes or less and I would argue that it was a very superficial exam.
I would argue that the claimant's own doctor has examined him/her multiple times, observed the claimant over a period of months or years--and knows much more about his/her conditions than either of Social Security's doctors. So, we need a third doctor's opinion in your file--and that needs to be from the claimant's doctor. Your doctor needs to give an opinion that will "knock out" the rather limited opinions of Social Security's doctors. That's how you win.
Social Security's Doctors vs. The Claimant's Doctor
You're not disabled. You can work. Your symptoms are severe.
You cannot do full-time work.
Which opinion should be given the most weight? The claimants doctor--because this is the doctor who has known the claimant the longest, examined him/her more often and has the superior knowledge of the claimant's symptoms, limitations, impairments and treatment.
At the Forsythe Firm, we can and do assist our clients with obtaining fair and honest medical evaluations from their own doctors, in addition to the objective medical evidence. When Social Security has all of the professional evidence available to them, they are much more likely to issue a correct decision. And you are much more likely to get paid!
_________
Provided by
THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike NW - Suite 108
"Across From Bridge Street"
Huntsville, AL 35806
PH (256) 799-0297
*A private professional firm not affiliated with the US Social Security Administration or the federal government. We work for our clients, not for Social Security."
Objective Medical Evidence refers to things like imaging studies, laboratory tests, physical examinations and other signs. This would include MRI or CT scans, laboratory results, EKG studies, doctor's examinations, etc. This type of evidence is included in most routine medical files that we get from doctors, hospital, clinics, etc.
Opinion Evidence is quite different. It is the doctor's professional opinion of how your illness, disease and symptoms limit your ability to work. For example, if your doctor states that you are not able to lift more than 10 pounds and cannot stand longer than 15 minutes--that is opinion evidence. This type of evidence is not found in routine medical records. We have to go after it separately and it usually takes great effort to get. It's like pulling teeth, as the old saying goes.
Why Opinion Evidence is Important. Social Security will usually not award benefits based on the fact that the claimant has a certain disease or impairment. If the disease is not catastrophic, Social Security will acknowledge that the claimant has the disease but will argue that he/she can work anyway. Opinion evidence is used to show that the symptoms are so severe that the claimant cannot work on a regular and continuous basis, which is what the regulations require to get a benefit. This is what wins cases.
Also, Social Security will usually have their own medical opinion in the file. This will come from one of two possible sources, maybe both:
1) Social Security will have a doctor sign off on your denial at the time the decision was made. This becomes opinion evidence that says you are not disabled and do not meet the rules for disability payments. You never want this to be the only medical opinion in your file.
2) Social Security may have sent you to one of their doctors for a special "consultative examination." These exams almost never find evidence of disability. These doctors always say that the claimant's impairments are not severe enough to prevent work. Thus, they support a denial of benefits.
So, you have one or two doctors reports already in your file saying you are not disabled. What's wrong with that? First, the doctor who first denied your claim has never met or examined you. Never laid eyes on you. So, his opinion is suspect. The doctor who did your consultative exam did examine you, of course--but it was a one-time exam that lasted 30 minutes or less and I would argue that it was a very superficial exam.
I would argue that the claimant's own doctor has examined him/her multiple times, observed the claimant over a period of months or years--and knows much more about his/her conditions than either of Social Security's doctors. So, we need a third doctor's opinion in your file--and that needs to be from the claimant's doctor. Your doctor needs to give an opinion that will "knock out" the rather limited opinions of Social Security's doctors. That's how you win.
Social Security's Doctors vs. The Claimant's Doctor
You're not disabled. You can work. Your symptoms are severe.
You cannot do full-time work.
Which opinion should be given the most weight? The claimants doctor--because this is the doctor who has known the claimant the longest, examined him/her more often and has the superior knowledge of the claimant's symptoms, limitations, impairments and treatment.
At the Forsythe Firm, we can and do assist our clients with obtaining fair and honest medical evaluations from their own doctors, in addition to the objective medical evidence. When Social Security has all of the professional evidence available to them, they are much more likely to issue a correct decision. And you are much more likely to get paid!
_________
Provided by
THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike NW - Suite 108
"Across From Bridge Street"
Huntsville, AL 35806
PH (256) 799-0297
*A private professional firm not affiliated with the US Social Security Administration or the federal government. We work for our clients, not for Social Security."
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