After more than 1,000 successful Social Security disability cases, as a disability attorney, I have discovered that there is one report that can make a difference. What is that report?

First, the agency considers the opinion of the treating physician to be the most important document in the medical record. However, critical opinion often does not exist. Why is this? Simply, the doctors are involved in the treatment. They don’t care about legal disability issues.

Second, the agency will not allow doctors to make the legal determination in the case. Therefore, if the doctor says that a claimant is “disabled”, the agency will reject this “naked” statement. The agency will say that this is a legal determination to be made by the Social Security judge.

Third, a mere statement that you are “disabled” will not be accepted. However, an opinion (from the treating physician) indicating what impact the claimant’s impairments have on important bodily functions can be extremely important and can be decisive in a case. For example, the physician’s opinion on how long the claimant can walk, stand, or sit is critical. Also, the doctor’s opinion regarding lifting, bending, etc. It’s critic.

Fourth, an experienced disability attorney will have a set of evaluation forms for your doctor. They will be tailored to your individual disability. For example, for a lower back problem, there will be a lumbar spine shape. This form will ask the doctor critical questions about how the lower back problem affects important bodily functions such as walking, standing, sitting, lifting, bending, etc.

Fifth, unlike a “naked” statement of disability, this report will obtain the physician’s opinion of the claimant’s ability to perform critical work activities. If the doctor’s opinion in this matter is supported by the doctor’s treatment records over a period of time, then the Social Security judge may be forced to give this report “heavy weight” in the claimant’s case.

Sixth, even if other medical evidence disagrees with the opinion of the treating physician, the opinion of the treating physician will prevail if the opinion is well supported by the records of the treating physician.

In short, a single report can win a Social Security disability case. However, you must meet the above criteria: (1) the physician must be a treating physician; (2) the opinion must indicate how critical body functions are affected by the disability; (3) the opinion cannot simply say that the claimant is disabled; and (4) the physician’s opinion must be based on the physician’s treatment records. An experienced Social Security attorney can work with the claimant to develop this winning report.