Can I Get Social Security Disability Benefits for Soft Tissue Injuries / Burns?
What Is Residual Functional Capacity?
If your soft tissue injury is not severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process, the Social Security Administration will need to determine your residual functional capacity (RFC) to decide whether you are disabled at Step 4 and Step 5 of the Sequential Evaluation Process.
RFC is a claimant?s ability to perform work-related activities. In other words, it is what you can still do despite your limitations. An RFC for physical impairments is expressed in terms of whether the Social Security Administration believes you can do heavy, medium, light, or sedentary work in spite of your impairments. The lower your RFC, the less the Social Security Administration believes you can do.
Soft Tissue Injuries and Residual Functional Capacity
If you have completed whatever reconstructive surgery is available, but don?t qualify under the listing, you may still have significant residual limitations that could potentially result in a medical-vocational allowance.
There are too many possibilities to list all the possible residual limitations, but pay particular attention to:
- Muscle weakness and sensory changes from neurological injury.
- Restrictions in joint motion from damaged soft tissues around joints even if the joints themselves are intact.
- The degree of retained manipulatory ability in the hands.
Severe burns around joints can also result in scarring that greatly limits the use of a limb, even if there is nothing else wrong with that limb.
In older claimants with adverse vocational profiles in which a medical-vocational allowance would result from even modest long-term residual functional capacity limitations, the long-term outcome of treatment should be assessed before deciding that there will be improvement to non-allowance level severity. Therefore, the Social Security Administration may hold the claim for some months, even when it is clear that the listing is not satisfied.
It is not unusual for claimants to apply for disability benefits soon after a severe soft tissue injury. If injuries are extensive, the Social Security Administration adjudicator should not try to guess that staged surgical procedures will not satisfy the 12 month duration requirement. It may be necessary for the Social Security Administration to delay determination. The treatment outcome of nerve grafts, for example, is not easily predictable. Even if the surgeon relates to the Social Security Administration that there will be no further surgical procedures (in which case this listing cannot be satisfied), it still may be necessary for the Social Security Administration to hold the claim to determine the final outcome for Residual Functional Capacity purposes, if there is the possibility of eventual medical-vocational allowance.
Your Doctor?s Medical Opinion Can Help You Qualify for Social Security Disability Benefits
The Social Security Administration?s job is to determine if you are disabled, a legal conclusion based on your age, education and work experience and medical evidence. Your doctor?s role is to provide the Social Security Administration with information concerning the degree of your medical impairment. Your doctor?s description of your capacity for work is called a medical source statement and the Social Security Administration?s conclusion about your work capacity is called a residual functional capacity assessment. Residual functional capacity is what you can still do despite your limitations. The Social Security Administration asks that medical source statements include a statement about what you can still do despite your impairments.
The Social Security Administration must consider your treating doctor?s opinion and, under appropriate circumstances, give it controlling weight.
The Social Security Administration evaluates the weight to be given your doctor?s opinion by considering:
- The nature and extent of the treatment relationship between you and your doctor.
- How well your doctor knows you.
- The number of times your doctor has seen you.
- Whether your doctor has obtained a detailed picture over time of your impairment.
- Your doctor?s specialization.
- The kinds and extent of examinations and testing performed by or ordered by your doctor.
- The quality of your doctor?s explanation of your impairment.
- The degree to which your doctor?s opinion is supported by relevant evidence, particularly medically acceptable clinical and laboratory diagnostic techniques.
- How consistent your doctor?s opinion is with other evidence.
When to Ask Your Doctor for an Opinion
If your application for Social Security disability benefits has been denied and you have appealed, you should get a medical source statement (your doctor?s opinion about what you can still do) from your doctor to use as evidence at the hearing.
When is the best time to request an opinion from your doctor? Many disability attorneys wait until they have reviewed the file and the hearing is scheduled before requesting an opinion from the treating doctor. This has two advantages.
- First, by waiting until your attorney has fully reviewed the file, he or she will be able to refine the theory of why you cannot work and will be better able to seek support for this theory from the treating doctor.
- Second, the report will be fresh at the time of the hearing.
But this approach also has some disadvantages.
- When there is a long time between the time your attorney first sees you and the time of the hearing, a lot of things can happen. You can improve and go back to work. Your lawyer can still seek evidence that you were disabled for a certain length of time. But then your lawyer will be asking the doctor to describe your ability to work at some time in the past, something that not all doctors are good at.
- You might change doctors, or worse yet, stop seeing doctors altogether because your medical insurance has run out. When your attorney writes to a doctor who has not seen you recently, your attorney runs the risk that the doctor will be reluctant to complete the form. Doctors seem much more willing to provide opinions about current patients than about patients whom they have not seen for a long time.
Here is an alternative. Suggest that your attorney request your doctor to complete a medical opinion form on the day you retain your attorney. This will provide a snapshot description of your residual functional capacity (RFC) early in the case. If you improve and return to work, the description of your RFC provides a basis for showing that you were disabled for a specific period. If you change doctors, your attorney can get an opinion from the new doctor, too. If you stop seeing doctors, at least your attorney has one treating doctor opinion and can present your testimony at the hearing to establish that you have not improved.
If you continue seeing the doctor but it has been a long time since the doctor?s opinion was obtained, just before the hearing your attorney can send the doctor a copy of the form completed earlier, along with a blank form and a cover letter asking the doctor to complete a new form if your condition has changed significantly. If not, your attorney can ask the doctor to send a one-line letter that says there have been no significant changes since the date the earlier form was completed.
There are times, though, that your attorney needs to consider not requesting a report early in the case.
- First, depending on the impairment, if you have not been disabled for twelve months, it is usually better that your attorney wait until the twelve-month duration requirement is met.
- Second, if you just began seeing a new doctor, it is usually best to wait until the doctor is more familiar with your condition before requesting an opinion.
- Third, if there are competing diagnoses or other diagnostic uncertainties, it is usually best that your attorney wait until the medical issues are resolved before requesting an opinion.
- Fourth, a really difficult judgment is involved if your medical history has many ups and downs, e.g., several acute phases, perhaps including hospitalizations, followed by significant improvement. Your attorney needs to request an opinion at a time when the treating doctor will have the best longitudinal perspective on your impairment.
Medical Opinion Forms
Medical opinion forms can be great time savers for both your attorney and your doctor, but they must be used with care. Forms may not be appropriate at all in complex cases; and they need to be supplemented in many cases so that all issues are addressed. The best forms are clear and complete but not too long.
When the time is right, here is a form for your disability attorney to use:
Continue to the full version of the Soft Tissue Injuries Treating Physician Data Sheet.
Go back to About Soft Tissue Injuries and Disability.