My doctor wrote a statement saying that I was disabled and I was still denied? How can that be?

A written statement or functional capacity form filled out by your treating doctor can make a big difference to your case. However, an administrative law judge could also determine that your doctor’s opinion is contradicted by the medical records and not give it the weight you think it should have. There are three important things to remember to ensure this doesn’t happen.

1. See your doctor regularly.

Depending on what your condition is, your doctor may want to see you monthly, bi monthly, weekly, etc. Ask your doctor how often you should come in and make sure you keep your appointments. Social security is very interested to see if you are doing your part in seeking and receiving treatment. When they see missed appointments in the file, this tells them that you are not being compliant with your doctor’s instructions and that you are perhaps bringing your troubles on yourself.

2. Tell your doctor about everything that is happening.

Make sure your doctor knows everything that is affecting you. If your injury is making it impossible for you to cook or brush your own hair, tell them. If your depression is making it difficult to leave home, tell them that. Be as thorough as you can without over-exaggerating your symptoms.

3. Make sure your doctor is conducting his/her own independent examinations, tests, etc. to confirm all of your diagnoses.

To reiterate from above, if your doctor says, “I think you have degenerative disc disease,” make sure he/she orders the proper MRI’s and X-Rays to confirm this diagnosis. Your doctor’s best guess isn’t good enough: the judge wants concrete evidence of what is going on with you.

Talk openly with your doctors about your application for disability and find out if they are on board and supportive. Now is not the time to be timid! If they are not supportive, find out why. It may be that they don’t believe your subjective complaints. It may be that they are just too busy to get involved. They are, however, your best advocate and you need to make sure they are in your corner. Stand up for yourself and make sure your concerns are addressed and your conditions treated.

Hire a Utah Disability Advocate

If you do not already have a disability lawyer representing your claim it is highly recommended that you find one. Call today for you free evaluation.


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