disability lawyer who is a doctor

by Wiley Bins 4 min read

Full Answer

Should I hire a disability attorney or a doctor for disability?

Doctors are sometimes more likely to respond to another "professional," like a disability attorney, rather than to their own patients. A disability attorney has experience dealing with medical professionals and is often better able to address their questions or concerns than the applicant. This ability often makes doctors more willing to help.

Who is the best lawyer for Social Security disability?

Dr. Bill LaTour, J.D., Ph. D. Attorney Bill LaTour has the know-how to guide claimants through this legal maze and at the same time provides a unique added value: As a former clinical psychologist, he is professionally qualified to assess and analyze the frequent emotional aspects that accompany the Social Security/SSI claim process.

How does a disability attorney or advocate work?

When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA.

What is a Social Security disability Doctor?

Featured In. What is usually meant by "Social Security disability doctor" is a doctor who is hired to do a consultative exam (either a physical exam or psychiatric exam) for Social Security. These doctors are not employees of the Social Security Administration, but independent doctors in private practice who are trying to make a bit of extra money.

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Why don't doctors like lawyers?

In general, doctors don't like lawyers because their experience with lawyers is frequently adversarial, such as a medical malpractice claim or a divorce proceeding. On the other hand, lawyers don't particularly like doctors either, because they frequently see doctors as arrogant, impatient, and annoyed with the workings of the legal process.

Who said writers should stick together like doctors and lawyers and wolves?

Frustrated by a less than flattering review by William Faulkner, Ernest Hemingway suggested to him that “writers should stick together like doctors and lawyers and wolves”. Hemingway later explained that he didn't mean to imply anything nefarious about wolves, for which he had great admiration. Id.

What evidence do doctors need to support their medical records?

Doctors must support the documentation they put into the medical records with objective evidence . For example, if a doctor documents that a patient is suffering from severe back pain, 8 out of 10 on a pain scale, then that finding of severe back pain must be supported with objective findings on physical examination of, for instance, decreased range of motion of the lumbar spine, a positive straight-leg raise (seated and lying) sign, x-ray or imaging evidence of degenerative disc disease, with bulging or prolapsed discs, spinal or neuroforaminal stenosis ("pinched nerves"), and other relevant abnormalities (e.g., electromyographic findings).

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

What is a vocational expert?

Vocational experts (VEs) are experts hired by the SSA to testify at hearings about what work they think applicants can do in light their medical conditions. At the hearing, the ALJ will pose a series of questions to the VE called "hypotheticals." These questions use the applicant's documented symptoms to see what kinds of jobs an applicant can do. If the VE testifies that a claimant can still work, the ALJ will almost always deny the claim.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

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What Happens Next If I Decide to Work With Dr. Bill?

We understand you may need some reassurance before deciding to make the call to get help filing your SSI or SSDI claim, or appealing a denied claim. When you work with The Law Offices of Dr. Bill LaTour, you’re choosing a firm that puts client communication and satisfaction above all else.

What is a disability doctor?

What is usually meant by "Social Security disability doctor" is a doctor who is hired to do a consultative exam (either a physical exam or psychiatric exam) for Social Security.

Why do disability claims examiners send claimants to consultative medical exams?

The most common reason is that they don't think you are disabled but they need recent medical evidence (not older than 30 or 60 days) in order to deny you disability benefits.

Can a straight leg test be denied?

For instance, if a straight-leg test comes back negative and a positive test is required for a disability listing, you can be denied. In short, when you go to a consultative exam for Social Security, know that the doctor is not on your side and may be trying to collect information to deny your claim. You may be observed by a biased doctor ...

Can you be observed by a biased doctor?

You may be observed by a biased doctor from the moment you enter the examining doctor's parking lot until the time you drive away. And don't be shy about addressing your pain and/or mobility issues. Written by: Tim Moore, former Social Security claims examiner. Talk to a Disability Lawyer.

Do doctors make notations on SSDI?

Statements such as these indicate that doctors who examine claimants for SSDI and SSI disability cases will sometimes go out of their way to make notations in their examination reports that are not helpful to a claimant's case, and they may not accurately reflect the patient's pain.

Providing a Medical Opinion to the SSA

Your doctor knows more about your health conditions than anyone else except you. As such, many disability claimants ask their doctors to prepare a medical opinion that they can submit with their application. Medical opinions frequently contain the following elements:

Evaluating Your Ability to Perform Work-Related Tasks

Physicians may not be physical therapists, but they are nonetheless in a qualified position to evaluate whether you can perform work-related tasks such as sitting, standing, lifting, walking, pushing, pulling, and carrying objects.

Performing Diagnostic Tests

The SSA requires objective medical evidence of an impairment when determining whether a claimant is disabled. This is defined as “signs, laboratory findings, or both, from a medical source.” It does not include symptoms, diagnoses, or medical opinions.

Completing a Residual Functional Capacity Assessment

An individual’s Residual Functional Capacity (RFC) is the individual’s remaining ability to do work-related and mental activities after taking his or her disability into account. It is used most often when a claimant does not meet a listed Blue Book impairment, but whose disability may qualify him or her for a medical-vocational allowance.

Continuing Treatment after a Disability Determination

Failing to follow your doctor’s orders for the treatment of your condition can result in your disability claim being denied. Your doctor can help you establish and stick to a treatment plan both before, during, and after the disability application process.

Contact a Baltimore Social Security Disability Lawyer

If you are considering applying for Social Security Disability benefits, you should consider speaking to an attorney who can help you evaluate your case. To get started, please contact Baltimore Social Security Disability lawyer Emmett B. Irwin by calling 443-839-0818 or using our online contact form.

What is a consultative exam?

In cases in which a disability applicant has no recent (within the past three months) medical documentation to support the claim that he or she is currently disabled, a consultative exam ( CE) is typically required by the disability examiner before rendering a decision on a disability claim. Doctors who perform CEs are independent doctors, in ...

Does Social Security have a doctor?

This is not entirely true. Social Security does have physicians whom it employs to help make decisions on claims. These physicians are indeed employees of the SSA, and are assigned to a particular unit at the state disability determination services (DDS) agency. Disability examiners at DDS review all initial applications ...

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

What type of information is needed for a disability claim?

A claimant who files for disability based on type 2 diabetes, chronic obstructive pulmonary disease (COPD), and depression needs to provide the following types of information in support of her claim: a physical RFC (from a heart and lung doctor), a mental RFC (from a psychiatrist) a statement from both the doctor and the psychiatrist saying drugs ...

What does SSA do?

The Social Security Administration (SSA) relies on doctor's records and medical evidence to determine whether you are disabled. Although the SSA will request records from the list of providers you have given them, it is your responsibility to ensure that the agency has received all of your pertinent medical records, ...

Do you need to provide medical records to the SSA?

You need to provide medical records only from the doctors who have treated you for your disabling condition. If you have multiple disabilities, you will need to provide the SSA with medical records from all of the different doctors who have treated you. Make sure that you don't provide the SSA with irrelevant medical records.

Can sarcoma be approved for disability?

Sarcoma of the skin is eligible for automatic approval for benefits under the disability listing for cancers if the cancer has spread (metastasized) to, or beyond, the regional lymph nodes. A biopsy revealed that the claimant's cancer had spread.

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