How important are medical findings in your Connecticut or New York Social Security disability case?
The Social Security Administration seems to pretend that — both nationally and in Connecticut, the New York metropolitan area and the Hudson Valley – Social Security disability analysis is predominantly a medical determination. This is sometimes true. But more often it is a hoax when the Social Security Administration uses “medical signs and findings” to deny a claimant’s case. Medical signs and findings are an essential element of a claimant’s case, but they only set the parameters. Within limits dictated by the medical impairment, residual functional capacity determinations are matters subject to proof at a hearing at which the claimant’s testimony and lay witness evidence are considered.
To recognize when the Social Security Administration is overreaching in characterizing its determinations as based on “medical signs and findings,” your attorney must be familiar with the medical limits. For example, administrative law judges frequently explain denial decisions in low back pain cases on the grounds that the “mild” x-ray findings or lack of significant limitation of lumbar range of motion do not support the claimant’s allegation of pain and reduced residual functional capacity. This is despite the fact that the record contains a report from the treating physician reciting findings and describing a significantly limited residual functional capacity.
To avoid this problem, the treating physician must provide maximum detail and explanation. Your attorney must ask the treating physician to explain why the findings support the diagnosis, and why the medical signs and findings caused the physician to conclude the claimant’s residual functional capacity was so limited.
I am available to answer any medical findings questions you have. I can also help you obtain the helpful medical documentation you need for your Social Security disability case.
If I can assist you with your Connecticut or New York Social Security disability claim, please contact me at:
Herbert Forsmith, Attorney at Law
Connecticut and New York Social Security disability lawyer
E-mail me
New York and Connecticut
(212) 809-1772 or (845) 278-2896
Serving Social Security disability claimants in all five boroughs of New York City and throughout the New York metro area, the Hudson Valley, and Connecticut.
