Determining Work Performance is a Personal Decision

A Patient’s Ability to Perform Continuous Work Duties is a Matter of Personal Opinion

According to 20 C.F.R. § 404.1529(c)(3) of the Code of Federal Regulations, the Social Security Administration takes into consideration the symptoms and their severity of those filing for Social Security disability. It is difficult to accurately measure symptoms using various medical techniques as stated in SSR 96-7p.

Fortwayne Disability Attorney
A family physician may need to supply their opinion concerning the type and severity of their patient’s symptoms. That opinion would also include the duties the person is capable of performing despite their impairment and any mental or physical restrictions. According to 42 U.S.C. § 423(d)(5)(a), 20 C.F.R. § 404.1527 and SSR 96-8p, a professional physician’s judgment is required to determine if the person’s symptoms match the diagnosis. Their claim that they suffer limitations due to their symptoms must also be consistent with any medical diagnosis.

One Patient’s Claims of Limitations May Be Reasonable For Them But Not For Another Person With The Identical Impairment

The Code of Federal Regulations understands that the same symptoms limit the performance of people in different ways as stated in 20 C.F.R. § 404.1545(e). For example, the severity of pain associated with one person’s lower back disorder may limit them to a medium work load. Another person with the same level of pain may only be capable of performing light duties. Each person’s tolerance to the same impairment is different; therefore, these differences are considered.

Our law firm has years of experience in this practice area and can be of further assistance.