Where a Nurse Practitioner’s statement is submitted as evidence of disability to a Social Security Judge and the treating doctor countersigns the document, can the judge discount this medical opinion? A recent case held that discounting these opinions because the doctor merely countersigned the nurse practitioner’s statement is inconsistent with the Social Security Administration’s rules.…
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In Social Security Disability cases, the Federal judge will question the disabled worker. To many claimants, it seems as though the judge is wearing two hats – one as prosecutor and one as adjudicator. It hardly seems fair! In a recent Federal Court case, the Administrative Law Judge found the claimant was not credible. As…
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“There’s often a huge difference between a job’s title and how it is actually performed,” notes Loudoun County disability lawyer Doug Landau. Sometimes a Manager or Supervisor is ‘hands on,’ lifting heavy equipment and pitching in to complete manual labor projects. In these instances, the job title does not accurately reflect the physical requirements of…
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Because the “weight of medical evidence” often determines the outcome of a Social Security Disability case, and the Federal judges must make findings justifying their decisions, how much weight they give to each doctor is an important component of any “Fully Favorable” or “Unfavorable” opinion. A recent case out of Washington asks the question, “can…
Continue readingIn order to win a Social Security Disability claim there must be proof of “severe” impairments. These severe impairments must disable the claimant from work that is found in both the local and the national economy. A recent case from the 4th Circuit found the claimant had “severe” impairments of severe Lyme disease and fibromyalgia.…
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