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Can My Doctor’s Opinion Be Used to Help My Disability Claim?

Disability attorneys often look to a claimant’s primary doctor or treating physician for a medical opinion as to the client’s impairment. This might be the most important evidence presented in your case, especially because under the SSA rules and regulations, the doctor’s opinion might be “controlling”—that is, the SSA will automatically adopt the doctor’s opinion in its decision.

FAQ: How Long Will It Take to Get a Hearing Scheduled After I Appeal?

After you file your second appeal requesting a hearing before an Administrative Law Judge, be prepared to wait a long time to get a date for your hearing and then a few months more for decision to be made. Nationally, hearing offices average about 15.5 months from the date a request for a hearing is filed until a decision is handed down.

How Do I Know if I am Doing Substantial Gainful Activity?

The Social Security Administra¬tion uses the “Sequential Evaluation Process” to determine your eligibility for benefits. The first step in the Sequential Evaluation Process evaluates whether you are performing work at the “substantial gainful activity” level, which essentially asks whether your work involves “significant physical or mental activities.