Certain findings in a Social Security disability case are reserved to the Commissioner. Particularly, the determination of whether or not your are disabled is reserved to the Commissioner. See 20 C.F.R. 404.1527(e). Therefore, your doctor's opinion that you are disabled in given no special significance by the SSA.
Ruling 96-5p gives five examples of issues that are reserved to the Commissioner:
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- Whether an individual's impairment(s) meets or is equivalent in severity to the requirements of any impairment(s) in the listings;
- What an individual's RFC is;
- Whether an individual's RFC prevents him or her from doing past relevant work;
- How the vocational factors of age, education, and work experience apply; and
- Whether an individual is "disabled" under the Act.
The theory is these are administrative findings that would direct the determination of disability, and must therefore be made by the SSA. In practice, however, it is terribly frustrating to have a treating doctor's opinion dismissed by a DDS examiner because the issue is reserved to the Commissioner.
To maximize the importance of the treating doctor's opinion, a Social Security disability attorney will ask your treating doctor for specific opinions regarding the nature and severity of your impairments. These opinions are usually expressed in a Medical Source Statement from the treating doctor. This opinion must be given controlling weight by Social Security, as long as the opinion is well supported, and not inconsistent with the other substantial evidence in the case record.
More on the topic of controlling weight soon.
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