Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: firstname.lastname@example.org
The Social Security regulations require a treating doctor’s opinion that a patient cannot work to be given controlling weight if it is supported by clinical and test findings, and is consistent with the record as a whole. When such a treating opinion exists Social Security is supposed to approve an application for Social Security Disability (“SSD”) benefits. However, especially prior to a hearing, having another treating doctor to corroborate the disability opinion is frequently needed.
I represent a 58 year old former security manager with rheumatoid and osteoarthritis whose SSD application was approved today without a hearing. After the claimant’s application was denied, but before a hearing was scheduled, I submitted a report from the claimant’s orthopedist that corroborated the disability opinion of the claimant’s rheumatologist.
The State agency had denied the SSD application on the grounds that a consultative examination (“CE”) was needed because there supposedly was insufficient evidence to support the claimant’s disability. However, the attorney advisor found that it was unnecessary for a CE.
It is not unusual for the State agency, attorney advisors, or Administrative Law Judges to reject an SSD application when there is only one treating opinion. However, when there are two treating opinions that conclude the claimant cannot work it is much more difficult to conclude the disability opinions are not consistent with the record as a whole.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou