Can I win my Social Security disability case If my doctor says I’m disabled?

“My doctor has graded me at 75% (or 85%/90%/100%) disability and/or has taken me out of work. Doesn’t that mean I will win my social security disability case?”

Not necessarily! Social Security’s regulations provide that the Commissioner of Social Security is left with the ultimate decision of whether or not you are disabled. What that means is that if you are applying for benefits for the first time, a disability analyst who works for Social Security will be the decision-maker in your case. If the analyst denies you, then you will attend a hearing with an Administrative Law Judge, who will decide if you are disabled. In other words, even if your doctors say you are disabled, the analyst or Judge still have the ability to disagree with that decision.

Of course, that doesn’t mean that your doctor’s statement is meaningless. Social Security must look at the big picture of your treatment record (from all of your doctors’ offices) and decide if any doctor’s opinion is consistent with your treatment records as a whole. You are likely to win your case if your treatment record reflects physical and/or mental problems that prevent you from working. It is therefore essential that you seek medical treatment on a consistent basis to build support for your claim of disability.