Simply having doctors that agree that you are unable to work is not enough to succeed in obtaining disability benefits. While on vacation, I was introduced to a woman whose disability claim was denied, even though her doctor agreed that she could no longer continue working. However, her doctor did not want to prepare any reports to support her claim.
Many potential clients have asked me what to do when their doctors will not support their claim. I suggest that the patients tell their doctors two things. First, that most long term disability (“LTD”) or Social Security Disability (“SSD”) claims are not like personal injury claims in that treating doctors are rarely required to testify. Second, that as patients they recognize that medical reports take time to complete, and that their doctors will be paid for their time.
For whatever reason, many doctors cannot be persuaded to complete reports in connection with a disability claim. In those cases, I advise the claimant to seek a new doctor. If a doctor agrees that working aggravates a patient’s condition, then the doctor should be willing to do the paper work to help the patient get the disability benefits that would enable him or her to stop working.Previous Next
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