Disability solutions for you and your family

Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly

Your Nurse’s Opinion Matters

by | Jan 2, 2014 | Social Security Disability |

A recent decision in a Federal District Court held that a nurse’s treating records for Social Security disability cases must be considered by the Administrative Law Judge, despite the same not being considered “acceptable medical sources”.

In the case, Taylor v. Astrue, 899 F. Supp. 2d 83 (D. Mass., 2012), the judge noted that while a nurse’s notes or opinions are not considered “acceptable medical sources” the same must still be evaluated by the Administrative Law Judge with some amount of weight to be given at the judge’s discretion. The facts in the case indicated that the Administrative Law Judge did not articulate the amount of weight he provided the nurse’s notes with regard to Claimant’s medical conditions and corresponding treatment. The Federal District Court held that this failure was grounds for remand.

The key takeaway from this holding is clear: continue to get medical treatment for your conditions. If you cannot get treatment by a doctor, do not worry. Your case can still be strong by continuing with medical treatment by a nurse.

Remember, generally speaking, the more consistent treatment documenting your medical conditions, the better your case. With this holding, an Administrative Law Judge must still consider the notes by nurses and must clearly state the amount of evidentiary weight assigned to the records. Should you have any questions regarding your Social Security Disability benefits (SSDI) case or your Supplemental Security Insurance (SSI) case, please contact your attorney. The experienced attorneys at Gardberg & Kemmerly will help answer all of your questions and guide you through this administrative process.

Archives

Client Testimonials

Mr. Gardberg – I am forever in your debt. I will never be able to tell you how much I appreciate what you have done for me. I praise you and your firm for all they did to help me in my disability case. Thanks for being so kind.

– L. Nelson

Saying thank you is easy, but you will never know how you impacted my life by helping me with me Social Security disability case. This thank you comes right from the heart.

– R. Turner

Thank you, thank you , thank you to all of the angels in the law firm at Gardberg and Kemmerly. I sincerely hope you know how much you did to make my life better.

– D. Thompson

FindLaw Network