The issue of a claimant’s work ability is one of the most confusing aspects of the disability claims process. A disability attorney in Albuquerque will help you understand some of the factors in determining a claimant’s ability to work.
A Disability Attorney in Albuquerque on Quantifying Ability to Work
As a disability lawyer in Albuquerque will explain, according to the Social Security Administration a doctor may be asked for an opinion about the nature and severity of a patient’s symptoms. Regulations go on to say the doctor may state their opinion about what a patient can still do despite his or her impairments. Also, the doctor addresses the patient’s physical and mental restrictions.
Subjectivity of Determining Work Ability
The Social Security Administration does recognize that claimants filing for Social Security disability are limited by symptoms and that symptoms, as acknowledged by a disability attorney in Albuquerque, and symptoms are subjective and difficult to quantify. .
And as a disability lawyer in Albuquerque will help you to understand, the Social Security administration also affirms that symptoms cannot be measured objectively through clinical or laboratory diagnostic techniques.
A doctor may be asked to express his opinion of a patient’s symptoms. But a disability attorney in Albuquerque will tell you that Social Security acknowledges determining what a patient can still do requires the exercise of professional judgment first. Next is determining if a patient’s claimed symptom-related limitations are reasonably consistent with the medical signs and findings.
A Disability Attorney in Albuquerque on Limitations and the “Average Man” Comparisons
Social Security Administration is aware that symptoms limit some people more than they do others. As a result, they acknowledge that an “average man” comparison test is not appropriate. A disability lawyer in Albuquerque will explain that this means to decide if claimed limitations are reasonable for a particular patient, it should not be assumed that the same impairments in the “average person” would also lead to the same limitations.
The Social Security Administration gives this example. One person with a low back disorder may be fully capable of sustaining medium work activity but another person, with the same disorder, may have difficulty with sustaining more than light work activity because of the pain. Individual differences also need to be considered. While some people’s ability to cope with impairment is less than others, some people just have more tolerance for pain.
For Help from a Disability Attorney in Albuquerque
It is important to have an attorney who thoroughly understands the factors in determining a patient’s ability to do sustained work activities for your Social Security disability case. To consult with a disability attorney in Albuquerque, call the office of Michelle Baca, Attorney at Law, at 505-872-1142 today.
