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THE BURDEN TO PROVE DISABILITY IS ON YOU

YOU HAVE THE BURDEN TO PROVE DISABILITY AT YOUR SSA HEARING

Most people think it is easy to prove disability to the SSA. Those who apply for disability benefits think they will win benefits at their hearing, if they simply explain their disabling symptoms to the Judge.  But the SSA system doesn’t work like that. The law clearly states that the person applying for disability benefits has the burden to prove they are disabled. They must do so with objective medical evidence from a physician.  But how can you get medical evidence if you don’t have insurance to go to the doctor?

disability moneyHOW TO GET MEDICAL EVIDENCE IF YOU DON’T HAVE INSURANCE

There are always ways to find a doctor for your disabling physical disability or mental disability impairments. Hopefully, you or your spouse or parent have medical coverage through insurance.  If not, there are free or low-cost clinics and you can become their patient.  Many doctors might also set up a payment plan with you.  Producing medical evidence that proves your disability is key to obtaining benefits.  We have free and low-cost clinics listed on this website to help you find a doctor. Regular, consistent medical treatment is the key to proving disability in your SSD or SSI claim.

Our website has lists of free and low-cost clinics in Utah. We also have a list of free and low cost mental health resources in Nevada. We update our list as soon as we learn about doctors who will help our clients. Our Utah and Nevada lists show resources, not just in the big cities like Salt Lake City and Las Vegas. But also in smaller cities throughout each state.

It is crucial for you to have medical evidence at your disability hearing. The judge can believe everything you say, but if you don’t have objective evidence proving disability, you won’t win. The judge has to follow the law. Without strong medical evidence, the Judge cannot grant your disability benefits.

HOW DO YOU PROVE DISABILITY IF YOU DON’T KNOW HOW TO CROSS-EXAMINE EXPERTS?

Many claimants don’t realize that the judge can call experts to testify at your hearing. Most judges will call a vocational expert to testify. Some judges will also call a medical expert. If you don’t hire an attorney, then there is a good chance you will not be able to cross-examine the medical or vocational expert at your hearing. Therefore, it is likely that you will not win your case at the hearing level. Don’t take that chance. Hire a lawyer with the experience you need to cross-examine the experts.

THE MEDICAL EXPERT  

You may think it would be best to not hire an attorney. But, that would be a mistake. It is always best to have an attorney with experience to be on your side. The first reason why it is important to have an SSD representative at the hearing is so you have someone you can rely on to explain the process. This will also ease your worry.

Second, there are other witnesses besides you. For example, the administrative law judge (ALJ) might decide to call a doctor to testify. If the judge does this, the doctor is paid by the SSA. However, the doctor is supposed to be an impartial witness. The doctor will be there to testify about whether or not your physical or mental impairments meet or equal SSA’s listings. So, the medical expert will testify as to whether the evidence in your case proves disability. The medical expert may disagree with what your doctor says. You need to be ready to make the argument that your doctor is right. Can you do that? Or, do you want an attorney who can do that for you?

If the medical expert says that your doctor is wrong or that your condition does not meet the disability criteria, then what will you do? You may not know, but your SSD attorney does. That is why it is best to have an attorney to cross-examine the doctor.

THE VOCATIONAL EXPERT

Finally, there is almost always a vocational expert at the hearing. The vocational expert is also a witness that the judge calls to testify. Like the medical expert, they are also paid by the SSA. However, they should be objective in their testimony. Vocational experts are people who know about the physical and mental requirements of jobs.

The vocational expert is at the hearing to testify about your past jobs. He or she will tell the judge what your skills are from your past job. Also, the VE will testify as to whether your skills transfer to other jobs that you could do. The VE also testifies as to whether you can return to your past work. Additionally, the vocational expert will testify about other work that you can do in the national economy, considering your impairments.

Additionally, the VE will use publications in their testimony, like the Dictionary of Occupational Titles. They may use other publications, like the Occupational Outlook Handbook, to discuss how many jobs exist in the country. Do you know how to use the Dictionary of Occupational Titles? Are you ready to prove the vocational expert isn’t correct in their testimony? If not, you need an attorney. These kinds of questions are hard to learn without legal experience. No one is saying you aren’t smart enough to do it on your own. But most people are not ready to cross-examine an expert. Also, since they haven’t done it before, most people don’t understand what is going on during the vocational part of the hearing.

Close-up Of A Judge Hand Writing On Paper Near Gavel On Desk In Courtroom

THE TEAM AT CANNON DISABILITY LAW CAN HELP YOU PROVE DISABILITY

Be ready for court. Your future financial security is at risk. Don’t take a chance that you will not be ready. Hire an attorney who is ready to appear before the judge. You need a professional on your side. Hiring an experienced advocate is possible, even with no money up front. If you would like to learn more about the hearing process from the SSA’s side, go to the Social Security website.

Call or contact Cannon Disability Law for free to discuss your case. We offer a free consultation. Usually, we can often tell you over the phone whether or not you are eligible for disability benefits. In the past 30 years, we have won over 20,000 SSD and SSI disability cases. We know how to prepare a disability case. Also, we know how to help you get your medical evidence in order. Most importantly, you can hire us for no money down and we will work for free until we win your case. If we don’t win, then you do not owe an attorney fee. Put our experience to work for you. Hire Cannon Disability to be your legal team.

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