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Medical Source Statements (MSS): What They Are and When You Need One (Continued)

For example, if you have severe COPD, your doctor might note in the MSS that you can only walk 100 feet before becoming short of breath, or that you need to rest after brief exertion. This level of detail can make a huge difference in your claim, as it helps SSA see how your condition impacts your ability to work day-to-day, beyond the diagnosis itself.

Why an MSS Is Critical to Your Disability Claim

An MSS is one of the strongest pieces of evidence you can submit in support of your disability claim because it provides specific information that goes beyond what’s usually found in medical records. SSA is not just interested in your diagnosis—they want to know how your condition limits your ability to function in a work environment.

For instance, a claimant with degenerative disc disease might submit an MSS from their treating physician that explains their limited range of motion, their inability to sit for more than 15 minutes, or their need for frequent breaks due to pain. This type of information gives SSA the clear, functional details needed to determine that the claimant is unable to work.

Common mistakes to avoid:

  • Assuming a diagnosis alone is enough: Some claimants think that because they have a well-documented diagnosis, they don’t need an MSS. This is a mistake. SSA needs to understand how the condition specifically affects your ability to work.
  • Relying solely on SSA’s Consultative Exam (CE): A CE is usually a one-time exam with a doctor who may not be familiar with your full medical history. An MSS from your regular physician who has treated you for an extended period will carry much more weight.

When You Need a Medical Source Statement

You should request an MSS any time your condition affects your ability to work. This is especially important if:

  • Your medical records don’t fully document your limitations (e.g., if you see a specialist only occasionally, or your primary doctor’s notes focus more on treatment than on your functional capacity).
  • You’ve been scheduled for a Consultative Exam (CE) by SSA, and you want to provide your own supporting documentation to complement the CE results.
  • You’re appealing a denial and need to present stronger evidence of your limitations.

Having an MSS can also be especially helpful if your condition is not explicitly listed in SSA’s Blue Book of qualifying impairments. In these cases, SSA will need to rely on the functional limitations outlined in the MSS to decide if your condition is severe enough to qualify for benefits.

What Should Be Included in an MSS?

An effective MSS should include the following:

  • Physical limitations: Can you lift or carry objects? How much weight? Can you stand or sit for long periods? Are there restrictions on bending, reaching, or other physical movements?
  • Mental or cognitive limitations: Does your condition affect your concentration, memory, or ability to stay on task? How do stress and fatigue impact your ability to focus or make decisions?
  • Frequency and severity of symptoms: How often do you experience symptoms such as pain, fatigue, or dizziness? Are there “bad days” where your symptoms are particularly severe? How often do these bad days occur, and how long do they last?

In cases where the claimant’s condition fluctuates, such as with autoimmune diseases or migraines, it’s important that the MSS addresses how these fluctuations affect your ability to work consistently.

How an Attorney Can Help with an MSS

Requesting an MSS and ensuring that it includes all the necessary information can be challenging, especially if your doctor is not familiar with disability claims. This is where having an experienced attorney, like the team at Disability Law Group (DLG), can be invaluable.

DLG attorneys can help:

  • Coordinate with your doctor: They know exactly what SSA is looking for in an MSS and can communicate directly with your physician to ensure all critical details are included.
  • Fill in the gaps: If your doctor’s initial MSS is incomplete, your attorney can request additional information or clarifications, helping to avoid delays or denials.
  • Ensure consistency: An attorney will compare the MSS with your other medical records to ensure there are no discrepancies that might raise red flags with SSA.

By working with a specialized disability attorney, you can increase the chances that your MSS will fully support your claim and lead to a successful outcome. Contact Disability Law Group today to learn how their team can help coordinate with your healthcare providers and strengthen your case.

Form close up, fountain pen and rejected stamped on a document.

6 Reasons Why the Government Might Reject Your Disability Claim

Receiving a denial letter after filing for Social Security Disability benefits can be frustrating, especially if you’re struggling with a severe medical condition. Understanding the common reasons why claims are denied can help you avoid pitfalls and strengthen your case. Here are six common reasons why SSA might reject your disability claim, and what you can do to improve your chances of approval.

1. Insufficient Medical Evidence

One of the most common reasons for a denial is a lack of sufficient medical evidence. SSA needs detailed documentation from your healthcare providers to verify the severity of your condition and how it limits your ability to work. Without enough medical proof, SSA may conclude that your disability doesn’t meet their criteria.

To avoid this, ensure you’ve submitted complete and up-to-date medical records, including treatment notes, diagnostic tests, and any specialist reports. Working closely with your doctor to provide functional limitations that clearly explain why you cannot work is also essential.

A common mistake is assuming SSA will gather all the necessary medical evidence on their own. Be proactive by requesting and submitting all relevant records yourself or through an attorney.

2. Earning Too Much Income

Another reason claims are denied is that the claimant is engaging in substantial gainful activity (SGA). For 2024, the SGA limit is $1,470 per month. If you’re earning more than this amount, SSA may determine that you’re not disabled, even if you have a medical condition.

It’s important to accurately report your earnings and ensure they fall below the SGA limit. If you’re working part-time or receiving non-work income, be sure to clarify that with SSA to avoid any confusion.

3. Failure to Follow Prescribed Treatment

If you’ve been prescribed treatment by your doctor but have not followed through with it, SSA may deny your claim. This includes missing appointments, not taking prescribed medications, or refusing recommended therapies. SSA may interpret this as evidence that your condition isn’t as disabling as you claim.

To avoid this, make sure you follow all prescribed treatments or have valid reasons if you’re unable to do so (such as side effects from medication). Always communicate with your doctor and make sure they document any challenges you face with treatments.

4. Incomplete or Inaccurate Forms

SSA requires multiple forms to be filled out as part of the application process, including the disability application, work history report, and function report. Incomplete or inaccurate forms can result in delays or outright denials.

A common mistake is rushing through these forms without providing detailed answers. Be sure to include all requested information, and double-check that your answers are consistent with your medical records and doctor’s notes. Discrepancies between your answers and your medical records can lead to confusion and potential denials.

5. Your Condition Isn’t Expected to Last Long Enough

To qualify for disability benefits, your condition must be expected to last at least 12 months or result in death. If SSA determines that your condition is temporary or likely to improve in less than a year, they may deny your claim.

Be sure your medical records reflect the long-term nature of your condition. If your symptoms fluctuate or you have “good days” and “bad days,” ensure your doctor includes this in their reports to show the chronic nature of your disability.

6. Lack of Cooperation with SSA

If you miss deadlines, fail to submit requested information, or don’t attend a scheduled Consultative Exam, SSA may deny your claim. It’s essential to stay in communication with SSA throughout the application process, providing documents promptly and attending all necessary appointments.

Failing to comply with SSA’s requests is a common mistake, and one that is easily avoidable. Make sure to stay organized, keep track of deadlines, and follow up regularly with SSA.

How Working with an Attorney Can Prevent Denials

Disability law can be complex, and it’s easy to overlook important details that might strengthen your case. An experienced attorney, like those at Disability Law Group, can help you avoid common mistakes that lead to denials. From gathering the right medical evidence to ensuring your forms are filled out correctly, an attorney can guide you through the process and improve your chances of approval.

If your claim has already been denied, don’t give up hope. With the right guidance, many claimants succeed on appeal. Contact Disability Law Group today to learn how their experienced team can help you avoid a denial or appeal a rejected claim.