Handling the Subjective Elements of Doctors’ Opinions

Should I be concerned that my opinion of a patient’s capacity to do sustained work activities will be dismissed as too subjective?

No.  The Social Security Administration (SSA) is aware that disability claimants have only their symptoms to go by, and that these symptoms can be highly subjective and often unquantifiable.  Clinical and laboratory diagnostic techniques cannot objectively measure the severity of one’s symptoms.  The SSA allows for a doctor’s opinion on the nature and severity of a patient’s symptoms, the patient’s ability to perform certain functions in spite of their symptoms, and the physical or mental restrictions of the patient.  Professional judgment is required on two levels:  first, with regards to whether the symptoms could be reasonably attributed to a medical diagnosis, and second, the degree to which the medical signs and findings are reasonably consistent with the claimed symptom-related limitations.

Should I consider whether the average person would be as limited by the same impairment when analyzing whether claimed limitations are reasonable for my patient?

No.  SSA rules do not allow for such an “average man” test, recognizing that the same symptoms limit some people more than they do others.  For example, a low back disorder might not prevent one person from performing sustained medium-level work activity, while the pain caused by the disorder might make another person incapable of anything more than light work activity on a sustained basis.  Individual differences, such as tolerance for pain and capacity for coping with an impairment, must be considered.

For further information on these and other issues of interest to treating physicians, or if you have a patient in need of an effective advocate before the SSA, please contact the Charlotte disability law office of Bridgman & Serbin today.