Allan A. Bonney
Attorney at Law

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Health Care providers can be very effective in their letters to the Social Security Administration. First, Disability under the Social Security Administration relates to a person’s inability to work for medical or mental and emotional reasons. The Administration evaluates records to identify extant medical conditions and for their relation to work-related impairments. For example, a Claimant might be diagnosed with arthritis in the spine and in a major joint. However, no matter how many times the diagnosis is written in the medical records, the "mere" diagnosis does not inform the Administration about the resulting work-related limitations.

For specific work-related limitations, certain questions are almost always asked at hearings. Those questions are: "How long or how far can an Claimant walk? How long can an Claimant stand? How long can an Claimant sit? How much can a Claimant lift?"

The Administration looks beyond a diagnosis to the effect of the medical condition upon the individual’s ability to work.

Too often I have seen clear letters from physicians describing a patient’s history, course of treatment, diagnosis, and a statement of prognosis. However, that does not answer the question regarding the Claimant’s ability to work. While it may seem obvious to the physician who is writing the letter, it is not obvious to the Administration.

When we become aware of the Administration’s focus, I help my clients understand the importance of speaking to the work-related limitations occasioned by their medical conditions.

The same is true of mental or emotional problems. Many individuals who suffer from pain also suffer from some degree of depression. The depression may be diagnosed; but, as the reader knows many depressed individuals work, with or without medications. So again, the question is, "What are the work-related limitations?"

What to do? The completion of a Physical Capacities Evaluation form based upon a Claimant’s report and supported by objective medical evidence a medical provider’s knowledge of the patient’s abilities and signed by the physician is very important. Consultation with Claimant’s representative before completing the Physical Capacities Evaluation is advisable. Occasionally, when physicians complete Physical Capacities Evaluation forms I notice that they conclude in the remarks section that a Patient-Claimant is unable to work. However, in reviewing the form the patient appears to be able to walk, stand, or sit for more than 8 hours in an 8 hour day and is able to lift more than 10 pounds occasionally. By Social Security Administration definition, this individual is able to work.

For mental and emotional problems, psychologists can be very helpful in offering opinions about the Patient-Claimant’s ability to concentrate upon tasks for extended periods, to work at a competitive pace throughout an 8 hour work day, to reliably appear for work and to work throughout the entire work day without interruption from psychologically based symptoms, to associate with the general public, to get along with co-workers and supervisors, to take instructions and criticism from supervisors, and to adjust to changes in the work place. Each of these categories in which a Patient-Claimant performs poorly should be noted together with the reason based upon Claimant’s history and objective testing to support the psychologist’s conclusion regarding Claimant’s ability perform in a competitive work setting full-time.

Noting work-limitations and the reasons therefore will often help Patients and support their Claims.

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