Do I need Objective Medical Findings to Determine a Claimant’s Capacity for Work?

Yes, you should present objective medical findings to help the SSA determine whether the person seeking benefits is disabled. It helps the SSA understand what type of work, if any, the impaired person is capable of performing. Generally, however, you need more than objective medical findings if the person’s impairment does not appear on the Listings of Impairments or does not constitute the medical equivalent. This is one reason why it is important to consult with an Alaska disability lawyer. For example, just because a person’s range of motion may be limited in the lumbar region of the back, doesn’t mean that he or she is automatically disabled. For example, the SSA essentially acknowledged that objective medical findings are not necessarily enough when it concluded that there is lack of correlation between a joint’s mobility and what x-rays depict.

How do I prepare an Opinion About a Person’s Capacity to Work?

The first thing you need to do in order to prepare any medical opinion is talk to the person that’s impaired. That’s because they are in the best position to describe what they can and can’t do in terms of jobs and the underlying tasks and job requirements. Second, you need to be objective. Think about what your patient is telling you, what you observe when you see your patient in person, and what you know about the impairment generally. Look for any inconsistencies so that you are not caught by surprise later on in the process.

Is it Acceptable to Simply Repeat Whatever the Person Says?

No, it is not acceptable to simply repeat whatever the person says about the impairment and how it impacts their ability to work and perform certain tasks. As stated above, you must exercise objectivity in forming your opinion about the person’s capacity to work. Oftentimes people cite symptoms that cannot be adequately explained by the nature of the impairment or the medications, which they are taking as a result of the impairment. If a symptoms cannot be adequately explained by the impairment or reasonably attributed to the medications, then you probably shouldn’t include it in your opinion. For more information on this topic, consult with experienced Alaska disability lawyer Paul Eaglin.