Austin Personal Injury Lawyer Blog

Austin, Texas Social Security Attorney Explains the “Treating Physician” Rule

  

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Has your physician told you that you should no longer work? If so, you are in a far better position to obtain Social Security Disability benefits than claimants who do not have a supportive doctor. The Social Security Administration will generally give greater weight to the opinion of a treating physician than to the opinion of a non-treating physician.

Originally developed by the courts, the Social Security Administration (SSA) codified the “treating physician” rule in the Code of Federal Regulations. To read the complete rule, click here. In general, all medical opinions must be analyzed with the factors listed in 20 C.F.R. § 404.1527

The treating-physician rule determines how the ALJ must weigh the opinion of the treating source. If the opinion of the treating physician is supported by acceptable medical evidence and is not inconsistent with other substantial evidence in the record, it must be given controlling weight. 20 C.F.R. § 404.1527(d)(2)

Schmidt v. Astrue, 496 F.3d 833, 842 (7^th Cir.2007)

Sometimes a treating physician will say that his patient is “disabled.” The Social Security Administration will not accept a doctor’s conclusory statement regarding disability. The strongest opinions contain an explanation of the patient’s physical/mental limitations. For example, the physician may say, “The patient is unable to work because he can sit for no more than 30 minutes due to pain. He requires 15 minutes lying down between sessions of sitting.” As long as your doctor’s favorable opinion on your disability is supported by medical evidence (office notes, imaging studies, blood tests, etc.) and is not inconsistent with substantial medical evidence in the file, you should win.

So, if your doctor has indicated that you can no longer work, ask that his or her office compile medical evidence to support that opinion, and contact a Social Security Disability expert at Bemis, Roach & Reed for a free consultation. We can help you get all the assistance you deserve.