SOCIAL SECURITY DISABILITY LAW BLOG
November 30, 2011
How does the Social Security decision-maker weigh your treating doctor’s opinion?
In my October 15, 2011 post to this blog, I explained when the Social Security decision-maker must give your treating doctor’s opinion “controlling” weight. What happens, though, if your doctor’s opinion is not given controlling weight? In that situation, the decision-maker determines the significance of your doctor’s opinion by evaluating the following factors:
- The nature of the treatment relationship between you and your doctor.
- The number of times you have treated with the doctor.
- The nature of your treatment, including the types of tests performed and ordered by the doctor and the types of examinations he or she performed.
- Whether the doctor is able to present a detailed, long-term picture of your impairment.
- The doctor’s specialty.
- The quality of the doctor’s opinion. In general, the more information your doctor provides in support of his opinion that you are disabled, the more weight his opinion will be given. By contrast, a plain, unsupported statement of disability (e.g., “It is my opinion that the patient is disabled.”) will be given little weight, if any.
- Whether and to what extent the doctor’s opinion is supported by medically acceptable clinical and laboratory diagnostic techniques.
- Whether and to what extent the doctor’s opinion is consistent with the other evidence in your case.
Given the importance of medical opinion evidence to the success of your Social Security disability claim, you may want to speak with an experienced Detroit disability lawyer about this aspect of your case. If you are not currently represented by a Detroit disability lawyer, please use the Free Case Evaluation form on this page to tell me about your situation, or call or email me directly.
SOCIAL SECURITY DISABILITY LAW BLOG
November 14, 2011
Update: Diabetes and Social Security disability benefits
If you are living with diabetes, you may be entitled to receive Social Security disability benefits if your condition is so severe that it meets or medically equals a Social Security Listing impairment or prevents you from working. This post will discuss a recent change to the Listings relative to diabetes.
Before June 2011, the Social Security Administration evaluated a claim for disability benefits based on diabetes according to three separate listings: neuropathy, ketoacidosis, and retinitis proliferans (Listings 9.08A, 9.08B, and 9.08C, respectively). Post-June 2011, there is no longer a separate Listing for diabetes. Rather, the Social Security Administration will evaluate a claim for disability benefits according to the listing for the body system impacted by the claimant’s diabetes. So, for example, a claim will be evaluated under the mental disorders listing (Listing 12.00) if the claimant’s diabetes has caused diminished cognitive functioning; similarly, a claim will be evaluated under the cardiovascular listing (Listing 4.00) if the claimant’s diabetes has caused heart-related medical issues.
If you have diabetes, and your claim for disability benefits was denied, I can help with your appeal. If you are not currently represented by a Detroit disability lawyer, contact me for a free consultation. I would be happy to talk with you about the Listings and other possible grounds on which you might qualify for benefits.
