People in Colorado contact me at all stages of the Social Security disability process: when they are applying, after they are denied, just before the hearing, even after they receive a denial from an Administrative Law Judge (ALJ).

The single most common problem I see in Social Security disability claims is a lack of a statement of limitations from in a Social Security is the absence of a statement of limitations from a doctor.

To be found disabled, you generally have to show that you are unable to perform some type of full time work. This is a simplification of the Social Security disability standard, but it sufficient for this article.

In order to show that you are unable to work you must prove that your impairments limits your what you can do. But, how do you do this?

Is there a statement of limitations in your medical records? Probably not. Most medical records contain a description of your symptoms, the objective findings, the doctors assessment, and the treatment plan. Most medical records do not have any statement of your limitations.

Doesn’t Social Security get a statement of my limitations? They do. But that is part of the problem.

If you are reading this, chances are you have already been denied. This means Social Security has already reviewed medical records and formulated a statement of your limitations. Since they denied you, Social Security’s statement of your limitations is not enough to find you disabled.

That also means that even if you appeal, unless you have your own medically supported statement of your limitations, you may be denied again. That is because Social Security has a statement of what your limitations and you do not. Even if their statement is wrong, if you do not have your own statement of limitations, you are at a disadvantage.

Even if Social Security has not yet made a decision on your case, do you really want a Social Security technician who does not know you, or a Social Security doctor who has never examined you, deciding what your limitations are. Do you want that to be the only statement of limitations Social Security has when they decide your case? Of course not.

The best people to provide evidence about your limitations are your treating physicians. Your doctors know you and how your impairments affect you. They are the best people to provide a statement of your limitations.

You can ask your doctor to help you by providing a statement of your limitations. Then, provide this to Social Security so it can be evaluated along with the other evidence in your case file.

Personally, I feel that the statement of limitations is such a critical element of any Social Security disability claim that you want to have help from a skilled attorney. A lawyer specializing in Social Security will have a library of questionnaires and letters which can be customized to elicit a true and complete picture of your limitations from your doctors.

Whether you are fighting to get Social Security disability benefits on your own, or with a lawyer, keep in mind that a statement of limitations is a critical part of building your case, and the one element missing in most Social Security claims.

photo credit: wilhei55