- DISABILITY CLAIM FAQ
I represent a 42 year old veteran with back problems and post traumatic stress disorder who worked on subway breaking systems. He retained me after his application for Social Security Disability (“SSD”) was denied, even though his treatment records from the Veterans Administration (the “VA”) were very detailed.
VA clinical notes are created to aid the doctors when treating their patients, and not to serve as evidence in connection with a disability claim. Therefore, the VA records usually do not contain any information about the patient’s ability to work or function. However, VA rules now specify that their doctors should help patients seek SSD benefits, which includes completing functionality assessments.
The claimant was approved for SSD benefits today based upon the functionality report that I obtained from the treating internist, which indicated the claimant lacked a sedentary work capacity. The internist is the doctor at the VA responsible for referring the claimant to specialists, monitoring his medication, and is charged with the overall management of his medical care. Because of the internist’s role, her opinion was given “great weight,” even though she is not a specialist, because of her “familiarity with the claimant’s condition.”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 © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou