Health Care

Evidence for Social Security Disability claims

Social security benefits
megan June 28, 2021

A few things stick out after representing individuals in hundreds of Social Security Disability claims. The best claims always have the best evidence. Experienced disability representatives, like Justin Wraight with Cardinal Law Partners, have learned to hone in on the pieces of evidence that best help individuals get approved for Social Security Disability.

Best Evidence for SSD

  • Treating physician support. The law changes slightly years ago so that the Social Security Administration no longer had to give treating physician opinions controlling weight when determining a claimant’s eligibility for Social Security Disability. Despite the weakening of the treating physician’s opinion, treating physician opinions still matter a ton. When a specialist determines that their patient is no longer to work or no longer to perform physical activities that would be required in almost any job, it goes a long way in getting a claimant approved for disability benefits.
  • Objective medical tests. Pictures say a thousand words, and those pictures include X-rays, CT scans, and MRIs. Administrative Law Judges have a hard time arguing with the pictures that surgeons and other medical professionals use to diagnose and provide opinions. Helpful medical testing goes beyond pictures and includes blood work and nerve studies.
  • Credible testimony. Claimants that must testify need to provide credible testify that is supported by the other exhibits in the record. The hearing is no place to tell tall tales or add layers of symptoms that never showed up in the office visit medical records.
  • Medical compliance. The Social Security Administration expects anyone that applies for Social Security Disability to have medical treatment records outlining compliance with physician recommendations. Administrative Law Judges get suspicious any time a claimant failed to take the medications as prescribed, decided against surgery, or engaged in other activities that may have prevented them from getting better. Activities that Judges hate to see include noncompliance with a specific diet, smoking, drinking, and illegal drugs. The best cases include records where the claimant did everything their doctors recommended.

Claimants hoping to get approved for Social Security Disability should not wait too long to start developing their cases. Administrative Law Judges do not want to see these pieces of evidence hit the record after the hearing is scheduled. The best cases have strong pieces of evidence sprinkled in the record the entire time the claimant claims disability benefits.

If you are no longer able to work due to physical or mental impairments, then application for Social Security Disability benefits may be an option. Cardinal Law Partners can help determine whether you have a claim worth pursuing and can help prepare you for the approval process. Please contact us toll free at 833 444 4257 to speak to an experience Social Security Disability attorney. Consultations will cost you nothing.