Second Opinions

Saturday, September 2nd, 2023

When seeking Social Security Disability (“SSD”) benefits, Medical source statements (“MSS”) are critical to establishing disability. However, sometimes a claimant’s medical providers do not complete the MSS because they believe it would be more appropriate for another one of the claimant’s doctors to do so. That is incorrect.

The Social Security Administration (“SSA”) wants “a medical opinion from all of the claimant’s medical sources.” It does not matter if another medical provider may be more directly involved in your treatment, or seem to have a more relevant specialty. The SSA is statutorily obligated to seek and consider all evidence.

We represent a 53 year old truck driver from Farmingdale with knee, neck and back problems. In May, we obtained and submitted a report from the doctor treating the claimant’s neck and back. The opinion was supported by treatment records citing objective clinical findings and MRI testing revealing herniated discs compressing nerve roots. However, the SSA was not satisfied, and insisted that the claimant attend a consultative examination (“CE”).

Rather than having the claimant submit to the CE, we secured and filed a report from a second medical source. Shortly thereafter, the SSA approved SSD benefits.

It is important to retain an experienced disability attorney, if you plan on applying for SSD, who knows what medical information should or should not be submitted for your claim to be successful, and who is knowledgeable about all of the SSA’s rules and regulations. We offer a free phone consultation, and have offices located on Long Island, in Nassau and Suffolk counties.

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