(559) 438-9139 or (661) 322-6736

Contact us for a free consultation

Skip to content
  • Home
  • About
  • Application and eligibility
    • Defining disability
    • Tips for applying
    • Role of the doctor
    • Residual Functional Capacity
  • Appealing a denial
  • Improving your chances
    • How a Fresno Disability Lawyer Helps
  • Medical conditions
    • Chronic pain
    • Alcohol or Drug Addiction
    • Chemical Sensitivity and Environmental Illness
    • Chronic Fatigue Syndrome
    • Fibromyalgia
    • Illiteracy
    • Inability to Stoop
    • Lupus
  • Blog
  • Contact

OREN & OREN

Disability Lawyers in Fresno, Bakersfield, and all of San Joaquin Valley

← Disability Attorney in Bakersfield Explains Your Testimony
Are objective medical findings important? →

Are opinions regarding ability to do sustained work subjective?

Posted on February 27, 2013 by jpdisab

Are opinions regarding ability to do sustained work subjective?

 Yes.  The Social Security Admoninistrati (SSA) realizes that disability claimants are limited by symptoms that are subjective and difficult to quantify. Your Fresno disability lawyer understands how these subjective determinations are made, and how to represent your case accordingly.

Fresno disability lawyer

Neither clinical nor laboratory diagnostic techniques have the ability to objectively measure symptoms as they are experienced by the claimant. For this reason, the SSA must rely on (1) a doctor’s opinion, and (2) tangible, medicalfindings that support the doctor’s opinion.

 

A Doctor’s Opinion

 

In lieu of an objective measurement of a claimant’s symptoms, the SSA relies on a doctor’s exercise of professional judgment. This is used to determine whether or not the patient’s symptoms can reasonably be connected to a medical diagnosis.  Therefore, according to the SSA, a physician may be asked for his or her opinion about the patient’s mental or physical restriction, the nature and severity of the patient’s symptoms, and what the patient is capable of despite his or her impairments.

 

Medical Findings

 

Medical signs and findings must be reasonably consistent with the patient’s claimed symptom-related limitations.

 

When deciding if claimed limitations are reasonable for one patient, can he or she be compared to an average person with the same impairment? 

 

No.  Your Fresno disability lawyer will advise you that the SSA does not determine disability status by comparing you to other claimants. The SSA’s rules recognize that an “average man” test is not pertinent because symptoms limit some patients more or less than they do others.  For instance, an example given by the SSA is that of someone with a low back disorder who is completely capable of sustained medium work activity while another person with the same low back disorder may not be capable of even light work activity on a sustained basis because of their pain. Individual responses to impairment and pain must be considered, because pain tolerance and the ability to cope with impairment vary among individuals.

 

If you would like to discuss Social Security disability with a competent and knowledgeable Fresno disability lawyer, please contact us.

This entry was posted in Social Security Disability. Bookmark the permalink.
← Disability Attorney in Bakersfield Explains Your Testimony
Are objective medical findings important? →
Free PDF Download
13 Suggestions for Disability Claimants
Free eBook Download:
Tips for Appealing a denial of Benefits
  • Anxiety disorders
  • Arthritis & joint damage
  • Asthma
  • Back injuries
  • Complex regional pain
  • Congestive heart failure
  • Chronic fatigue
  • Crohn’s disease
  • Cystic fibrosis
  • Depression/bipolar
    disorder
  • Diabetes
  • Fibromyalgia
  • Hearing impairments
  • Hepatitis C & liver disease
  • HIV
  • Ischemic heart disease
  • Leukemia
  • Lung disease
  • Lupus
  • Multiple sclerosis
  • Schizophrenia
  • Soft tissue injuries
  • Stroke

Frequently asked questions

Should I apply for disability? How long does the disability process take? When should I apply for benefits? What does a disability attorney do? When am I likely to receive a hearing? What are disability hearings like? What happens if my disability appeal is late? What is the most common disability mistake?

The disability evaluation process

Answers to 8 common questions Examples of who is and is not disabled The sequential evaluation process A large bureaucracy Glossary

Disability forms

Employment questionnaire Monthly headache diary Monthly wage information Activities questionnaire

Disability appeals

The appeals process Good cause for late appeals

Your disability hearing

Advice for your Social Security disability hearing Answers to 14 common questions The hearing Your testimony Lay witnesses Vocational issues

After a favorable decision

Answers to 25 questions Delayed benefits Questions about working part-time Continuing disability reviews

Legal issues

Alcohol or drug addiction Borderline age Chemical sensitivity and environmental illness Chronic fatigue syndrome Fibromyalgia Illiteracy Inability to afford treatment Inability to speak English Inability to stoop Lupus Manipulative limitations Severe impairment definition Subjective pain complaints Worn-out worker regulation
Areas Served: We handle Social Security disability claims for claimants from the San Joaquin Valley in California, including these counties and cities:

Counties: Fresno, Kern, Kings, Madera, and Tulare.

Cities: Fresno County: Fresno, Clovis, and Reedley. Kern County: Bakersfield, Delano, Ridgecrest, and Wasco. Kings County: Hanford. Madera County: Madera. Tulare County: Visalia, Tulare, and Porterville.

Bakersfield Disability Law Office: 1801 Oak Street, Bakersfield, CA 93301

Experienced disability lawyers in Fresno:Oren & Oren Law
  • Home
  • About Us
  • Privacy Statement
  • Contact Us