For Physicians
At Sackett and Herrera, we understand that the goal of every physician is to listen carefully to their patients, understand their ailments, their responses and reactions to various therapies and prescribe courses of treatments that will support or improve their quality of life. Patients, for their part, select doctors who can help them feel better and hopefully restore their previous quality of life. The physician and the patient alike are both motivated to find a "cure" together.
Sadly, a cure is not always the outcome. Some patients suffer from disabling conditions that do not respond to treatment. At Sackett and Herrera we realize that, when a patient can no longer return to their normal activities, you, the physician are the patient's first partner in the Social Security Disability process. We work closely with you to understand the nature and course of your patient's impairment and partner with you to help your patient through the Social Security disability application process. Sackett and Herrera have dedicated paralegals who work with you and your staff to obtain the medical proof that will assist your patient in avoiding severe financial and insurance jeopardy. In this way, Sackett and Herrera and you, the physician, can ultimately protect your patient from further debilitation that results from the stress of being unable to return to work and obtain insurance benefits.
If you have any questions or if you think we can be of any assistance with regard to the requirements of your patients who are applying for Social Security Disability benefits, do not hesitate to contact our office at your convenience.
At Sackett and Herrera, we understand how complicated the Social Security Disability process can be. It's more than just writing a note for your patient. As well, physicians are not always familiar with the requirements of Social Security Disability law.
You may think this person is not disabled, but here's why they really are:
The Lawyer
She is 35 years old with 10 years of trial experience.
She is not working, but she is looking for a job.
She lost her left foot in a car accident a year ago.
Because of stump complications, she is unable to use a prosthetic device to walk one block at a reasonable pace, though she uses it to walk shorter distances, e.g., around an office or around her apartment. When she goes longer distances, she rides a motorized scooter. She is disabled. See C.F.R. Part 404, Subpart P, Appendix 1, §1.05B.
The Bookkeeper
He has a college education.
He is a quadriplegic with only limited use of his right hand and arm and no use whatsoever of his legs and left arm.
He uses an arm brace to write.
He works a few hours per day as a bookkeeper and earns, after deductions for expenses related to his impairment, about $900 per month on average.
Because of his earnings he is not disabled. See 20 C.F.R. §§404.1520(b) and 404.1574(b)(2).
The Construction Worker
He is 48 years old.
He has done heavy unskilled construction work since age 16.
He has a fourth grade education and is capable of reading only rudimentary things like inventory lists and simple instructions.
He has a "low normal" I.Q.
He is limited to sedentary work because of a heart condition.
He is not disabled unless he has some additional limitations. See 20 C.F.R. Part 404, Subpart P, Appendix 2, Rule 201.18.
The Machine Operator
She is 38 years old.
She has done medium exertion level unskilled factory work, operating a machine since she graduated from high school.
A cardiovascular impairment limits her to sedentary work, and a permanent injury of the right hand limits her to such work not requiring bimanual dexterity.
She is probably disabled. See Social Security Rulings 83-10 and 96-9p.
The Truck Driver
He is 61 years old.
He worked as a truck driver all his life except that 10 years ago during a downturn in the trucking industry, he worked for 1-1/2 years at a sedentary office job which he got with the help of his brother-in-law.
He is limited to sedentary work because of a pulmonary impairment.
He is not disabled because he is still capable of doing the office job. See 20 C.F.R. §§404.1520(f) and 404.1560(b).
The Packer
She is 50 years old.
She has a high school education.
She has done unskilled light exertion factory work as a packer for the past 30 years.
She had a heart attack on January 1 and, after being off work for eight months, she recovered after an angioplasty. Her cardiologist gave her a clean bill of health and was ready to send her back to work when she broke her leg in a fall unrelated to her heart condition. In a cast and unable to stand and walk as required by her job, she could not return to work until February. She was off work a total of 13 months.
She is not disabled for the time she was off work. 20 C.F.R. §404.1522(a) provides that unrelated impairments may not be combined to meet the requirement that a claimant be unable to work for 12 months.
The Housewife
She is 55 years old.
She has an eleventh grade education.
She has not worked in the past 15 years. Before that she was a secretary.
She has a back problem diagnosed as status post laminectomy.
She is limited to maximum lifting of 50 lbs. with frequent lifting of 30 lbs., is capable of frequent bending, stooping, etc., and has no limitation for standing or walking.
She is disabled for the SSI program as long as she meets the income and asset limitations for that program. See 20 C.F.R. Part 404, Subpart P, Appendix 2, Rule 203.10. See also 20 C.F.R. §404.1562(b). (She is not eligible for social security disability benefits because she has not worked for so long.)
For more information about how Social Security Disability programs work, and the kinds of information you as a health professional can furnish to help ensure sound and prompt decisions on disability claims, please see "Listing of Impairments": A Primer for the Health Professional.