Which Doctor Knows Best?

No, it isn't the title of a TV reality show; it's a serious question for disability judges.  In disability cases, there are often several doctors who give medical opinions.  Often, there is at least some disagreement in those opinions. In many cases, Social Security's consultative doctor will find very little medical evidence supporting disability. A primary care doctor may document more serious problems in the medical history.  Which doctor has more influence with Social Security? 

• A treating doctor - especially one who has treated the claimant over a lengthy period of time - His/her opinion should be given the most weight.
• A specialist, offering an opinion within his/her area of specialty, is given more weight than a non-specialist (assuming both are treating doctors).
• An examining doctor is given more weight than a non-examining doctor.

The opinion of a non-examining doctor (consulting doctor) should have the least influence on the Social Security decision.  Unfortunately, at the initial level, this is usually not the case.  The consulting doctor is generally the one Social Security relies on.  This is one major reason that most disability claims are turned down on the initial application.

Does the claimant have the right to choose which doctor examines him/her for Social Security?  In some cases, yes.  If Social Security asks you to attend a consultative exam, ask if your treating physician can perform the exam.  Under federal regulations, opinions from your treating physician should be given more weight than an examination by a non-treating Social Security consulting doctor.  You may have to be assertive to get your doctor to perform the examination.  Social Security will almost never recommend it.

In the appeal stage, administrative law judges will most likely get it right.  They will usually give the proper weight to the proper doctor, as the regulations require.  This is because judges know the law and take time to sort it out. 

Thinking of applying for Social Security disability?  Have you already been turned down?  Call the Forsythe Firm today for a free consultation.

(615) 732-6159
Franklin, TN office
           
(256) 799-0297    
Huntsville, AL office     

www.ForsytheDisability.com