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A fairly regular question is how much weight should Social Security give to the opinion of a workers compensation (“WC”) doctor. Federal courts usually hold that reports from WC doctors are not substantial evidence because their conflict of interest may have dictated their contents.
We represent a 49 year old security guard from Levittown with back and cardiovascular vascular problems whose Social Security Disability (“SSD”) application was approved today despite an adverse report from a WC doctor. While we pointed out how federal courts treat WC medical opinions, the administrative law judge (”ALJ”) rejected the WC report on different grounds. The ALJ found that the opinion of the WC doctor was rendered solely for the purpose of determining disability under WC, which used standards and criteria that are different than Social Security.
It is imperative to address any negative evidence in the file at an SSD hearing, if not sooner. The ALJ might have relied on the WC medical opinion if we had not done so.
This is another example of why it is so important to retain an attorney who specializes in Social Security Disability when applying for SSD benefits. If you are considering applying for SSD, please call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.Previous Next
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