USING "OPINION" EVIDENCE TO WIN YOUR DISABILITY CASE

There are 2 types of medical evidence in a disability claim:  objective medical evidence and opinion medical evidence.

Objective medical evidence consists of things like X-rays, laboratory tests, MRIs or CAT scans.  These are found in your doctor's records.

Opinion evidence is quite different.  Opinion evidence is where your doctor or professional renders an opinion on how your medical condition affects your ability to perform certain functions.  

For example, an MRI may show that you have 2 herniated discs in your lumbar spine.  This is objective evidence.  It is what it is.  The doctor may then give an opinion as to how long you can sit, stand or walk.  That is opinion evidence.  If your doctor states:  "The patient would be limited to lifting no more than 10 pounds occasionally, sitting no longer than 30 minutes, standing no longer than 15 minutes at a time, or walking no more than 300 feet," that is opinion evidence.

Opinion evidence is used to form "residual functional capacities," that is, what is the most work like activity that an individual can perform on a sustained basis?  This will be use by decision makers to determine what type of jobs, if any, the claimant would be able to perform.  This, in turn, will determine whether the claimant meets the rules for Social Security disability benefits.

We should note here that broad, general conclusions by doctors are not useful.  For example, the statement, "It is my opinion that this patient is not able to perform any type of work and is totally disabled," is not useful.  This conclusion is reserved solely to the Commissioner of Social Security under the federal regulations (20 CFR 404.1527(d); SSR 06-03(p); SSR 96-6(p), etc.).  

A doctor's statement that addresses the patient's ability to sit,stand, walk, lift, carry, push, pull, concentrate, make decisions or perform other specific work related functions can be very useful opinion evidence.