Sunday, February 25, 2018

A NURSE PRACTITIONER MAY NOT HELP YOUR DISABILITY CLAIM

I have a friend who often says to me, "I have to go see Dr. Amanda today."  I know who he is talking about.  Amanda works in a doctor's office, wears a white lab coat and hangs a stethoscope around her neck.  She even writes prescriptions.  But she is not a doctor.  She is a nurse practitioner or CRNP.

While nurse practitioners are becoming more and more common and may offer quality healthcare, they are not considered "acceptable medical sources" for purposes of medical evidence by Social Security under 20 CFR 404.1527.

What does this mean to you when you file a disability claim and all or most of your medical records are from a nurse practitioner?  Social Security may not give the records the same weight they would give if you had been treated by an MD or DO.  They may argue that you have not been diagnosed and treated by an "acceptable medical source."  This may be unfair, illogical or disagreeable--but it's the law.

Who does Social Security consider to be "acceptable medical sources" for purposes of evidence under 20 CFR 404.1527?  Any of the following:
  • a Doctor of Medicine (MD)
  • a Doctor of Osteopathy (DO)
  • a licensed clinical psychologist (Ph.D. or Psy.D)
  • a licensed Physician's Assistant (PA), as of 2017
  • a podiatrist (for disorders of the feet)
  • an optometrist (for vision or certain eye disorders)
  • Note that chiropractors also fall under the category of not being acceptable medical sources at Social Security.
Medical professionals are given "pecking order" by Social Security.  Specialists are at the top of the order, followed by primary care providers (MD or DO).  If you have a heart condition, for example, a treating cardiologist's evidence will normally be given the most weight. So, if possible, see a specialist.

We are not suggesting that nurse practitioners or chiropractors don't offer quality care.  But Social Security may not give them much weight when it comes to considering their medical evidence.



 

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