Medical reports

Since the claimant has the burden of proving disability in a social security case, it is very important to have medical reports and a Medical Source Statement or Residual Functional Capacity form, that list specific restrictions, that are supported by the medical record.

I often receive notes from treating physicians indicating the claimant "can not work" or is "totally disabled". Unfortunately, such opinions are not binding on the Social Security Administration and do little to help the claimants case.

Social Security is required to give controlling weight to the opinion of a treating phyisician regarding claimant's limitations only if that opinion is supported by "medically acceptable clinical and laboratory diagnostic techniques" and "not inconsistant with the other substantial evidence" in the record. Factors considered incluse the length and frequency of the treatment, the nature and extent of the treatment relationship, the physician's speciality and the consistancy of the opinion to the record.

It is very helpful if the treating physician completes a Medical Source Statement(MSS) or Residual Functional Capacity form (RFC) in addition to providing copies of medical records, and test results. These forms address specific limitations and help the ALJ interpret the medical evidence.