Lowell Disability Lawyer

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  • Are Opinions Regarding Disability Subjective?

    One of the challenges of a disability attorney in Lowell is how to use a doctor’s opinion of a claimant’s impairments effectively when the Social Security Administration knows that inherently a degree of subjectivity is always present.

    Disability attorney in Lowell

    Subjectivity of Medical Opinions

    The Social Security Administration (SSA) recognizes that an individual claiming a disability is restricted by his symptoms and that these are difficult to objectively quantify.  The SSA says is not possible to use laboratory or clinical diagnostic techniques to objectively measure symptoms(SSR 96-7p).  However, a disability attorney in Lowell knows that the SSA accepts the opinion of a physician regarding the severity and nature of his or her patient’s symptoms, activities the patient can perform in spite of her or his impairments, and the mental or physical restrictions the patient possesses.  Two things are needed to establish what a patient is capable of:

    • Professional opinion and judgment to determine if an individual’s symptoms may be attributed to a well-reasoned medical diagnosis, and
    • Consistent correlation between the symptom-related limitations the individual claims, and the medical findings and signs.

    Should Patients Be Compared?

    A disability attorney in Lowell will advise you that, according to SSA regulations, the “average man” test is not relevant and should not be used.  The fact that some individuals are limited by their symptoms more than others is acknowledged by the SSA.  Individual differences must be taken into account due to some individual’s ability to deal with impairment better than others.

    If you have questions concerning your disability case that would like to discuss with a competent and knowledgeable disability attorney in Lowell, please call Attorney Gerald A. Palma at 888-295-4955.

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