There are many types of evidence which can be considered by Social Security when determining whether a claimant is disabled. This includes statements made by the claimant, third party observations (friends and relatives who routinely observe a claimants functioning), statements by your employers, statements and records made by treating doctors, and opinions of consultative examiners.
The most effective evidence is obtained by your treating doctor. Treating source evidence generally comes in two forms: the medical records and test results from your medical appointments, and opinion evidence from the doctor regarding your limitations. According to the Eighth Circuit case law (which controls how Federal law is interprested in several states, including Minnesota), a treating physician’s opinion about the limitations caused by a disability must be given great weight in the disability determination process. A treating doctor is in the unique position to judge specific limitations as a result of his or her personal knowledge of the patient and their ongoing relationship.
Another type of evidence comes in the form of consultative examinations. Social Security routinely sends claimants to consultative examinations. These opinions are typically afforded weight less than that of a treating physician’s opinion, because the opinions generated are as the result of a one-time examination. However, if the medical evidence is scant, or if there is no medical opinion regarding a claimant’s limitations from a treating source, these consultative opinions can be relied upon heavily by Social Security in reaching their determinations. As a result, it is important to involve the treating source in the information gathering process as early and as often in the process as possible.
It may also be helpful to get information form friends and family, as well as employers when presenting a case. These statements, which typically come in the form of written statements, provide corroboration of a claimant’s testimony regarding their limitations. While these statements carry less weight than those of a doctor, they none the less must be considered by Social Security in their determinations.
Information from your previous employers can also be helpful in proving limitations. It is important to get information regarding the job responsibilities, difficulties a worker may have experienced in fulfilling these duties, as well as any special accommodations which may have been made to help the worker. This evidence, while not weighted as heavily as a treating source opinion, can be used to show difficulties in performing work activities. This also can provide support for a claimant’s testimony regarding their ability to work.
In presenting a disability claim, it is essential to gather information from a variety of sources not only to show that a medical condition exists, but also to demonstrate the effect that the condition or conditions have on a claimant’s ability to perform work activities.
