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CJ Henry Law Firm, PLLC

Does the Doctor Carry Controlling Weight?

  • Published: February 10, 2013

In your Social Security disability claim, will your doctor’s opinion be controling? Your Ocala Social Security disability attorney will assess whether your physician’s views will have sufficient weight to uphold your claim. Three main factors determine the doctor’s authority.

Does the Doctor Carry Controlling Weight?

Well-supported opinion

The treating doctor’s opinion must be well supported to be given merit. The supporting records include clinical and laboratory exams and diagnostic techniques. If the treating doctor’s opinion is medically well supported and consistent with other substantial evidence in the case record, it will be regarded as controlling. In such a case your doctor’s determination will be honored.

A “treating source”

Another important factor is that the clinician must indeed be your treating provider. You can’t shop around for a new medical opinion to support your claim. Instead, a trusted physician who sees you regularly and knows and has documented your difficulties will be respected. The regulations explain that the claimant’s relationship with the doctor must be based on medical need, and not established for the purpose of the disability claim.

An “acceptable medical source”

Finally, for your doctor’s opinion to hold up, he or she must be qualified. Acceptable medical sources include physicians (medical or osteopathic doctors), podiatrists, optometrists, and qualified speech-language pathologists and psychologists (including school psychologists). Other medical providers may be sources for supporting documentation; however, they are not regarded as medical sources. These secondary professionals include chiropractors, nurse practitioners, audiologists, therapists, and others. Their opinions do count, but are not decisive. According to the Social Security rules, opinions from other sources may be considered and given some weight, but not controlling weight in providing the medical input to determine your claim.

For complete information on how the regulations impact your particular case, contact the CJ Henry Law Firm, PLLC to schedule an appointment with an experienced Ocala Social Security disability attorney. Call 352-304-5300 today.

Claudeth Henry

Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
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