Social Security disability for anemia or other blood disorders
I was recently asked to write about how Social Security views disability claims based on anemia and other blood disorders. First, I will address how Social Security generally handles disability claims. If that puts you to sleep, just skip ahead a few paragraphs
In general, Social Security reviews cases using the five-step sequential evaluation process:
Does your impairment keep you from being able to work?
Is your impairment severe. That is, does your impairment have more than a minimal at effect on your ability to perform daily activities?
Does your impairment meet or equal one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling.
Does your impairment prevent you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
This is just a quick rundown of the five-step sequential evaluation process. There are exceptions and corollaries to this but I just want to quickly state the steps that Social Security will go through in evaluating a disability claim.
Assuming that anemia and/or other blood disorder keeps you from being able to work (step one) and has more than a minimal impact on your ability to perform daily activities (step two), that brings us to step three: does the impairment meet or equal a listing level impairment.
Why doesn’t Social Security get a statement of my limitations from my doctor?
You already know how important it is to get a Medical Source Statement in your Social Security disability case.
The best source for this is your own doctor.
However, I typically see Social Security have one of their technicians or a Social Security doctor, who has never seen or examined you, determine your limitations.
When I discuss this with my clients, I am often asked why? Why does it seem like Social Security purposefully avoids getting this information from the best source, your own doctor?
My opinion is that Social Security wants to ensure an objective opinion and believes …
The one element missing in most Social Security cases: a medical opinion of limitations
To be found disabled, generally you 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 is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by different names:
Medical Source Statement (this is the term Social Security uses).
Medical Opinion.
Statement of Limitations.
Statement of Permanent Restrictions.
Whatever it is called, it tells Social Security what you can and cannot do. Social Security uses this to decide whether you are disabled.
Isn’t there a statement of limitations already in my 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.
Social Security tip: get regular medical treatment
I hear a number of reasons for not seeing a doctor on a regular basis:
I don’t like going to the doctor.
I prefer herbal medicine.
I have a high threshold for pain.
When I hurt I just stay in bed.
This is unfortunate because regular and ongoing treatment is one of the foundations of building a Social Security case.
Why? Treatment generates medical records which do several things to build your disability case:
Medical records can establish a medically determinable impairment. Social Security regulations prevent approving a disability claim based on symptoms alone. Social Security requires a medically determinable impairment, basically, a diagnosis …
