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 their disability to the SSA. Those who apply for benefits think they will win after they file their application. Or, if they don’t win right away, they think they will win if they simply explain their symptoms at the SSA hearing. But the SSA system doesn’t work like that.
The law clearly states that the person filing for SSDI and SSI benefits has the burden to prove they are disabled. Burden is a legal term. It means you must provide the proof that your medical condition is severe and that the symptoms keep you from working, despite treatment. A diagnosis alone is not enough to win benefits. Therefore, to prove you should be paid benefits, you must have objective medical evidence.
These are only some of the problems in proving to the SSA that you should be paid benefits. There is a five step review process to qualify for SSD benefits. You must prove each step to win SSDI and SSI benefits. Each step of the review process requires medical evidence. Visiting the doctor and sending the medical evidence to the SSA is your responsibility. If you fail to do it, then the SSA will simply deny your claim for benefits.
WHAT MEDICAL EVIDENCE DO YOU NEED TO MEET YOUR BURDEN OF PROOF?
You must provide medical evidence that demonstrates you have a severe medical condition. This is easiest to do if you have health insurance. Because health insurance allows you to visit your treating doctor on a regular basis. If you have health insurance, then your primary care doctor will give you a diagnosis and also, if necessary, send you to a specialist.
For example, let’s say you go to your primary care doctor because you have symptoms of fatigue, chest pain, swollen feet, and you are struggling to breathe. Your doctor determines, after testing, that you have heart failure. Next, your doctor will send you to an expert in the treatment of the heart. Therefore, for the next year, you will continue to visit your primary care doctor. But, you will also visit your heart doctor.
The heart doctor will provide expert treatment. Perhaps they will give you a blood test, an EKG, or an exercise stress test. Additionally, they may perform a cardiac MRI or CT scan. Next, they will give you medications. You must follow the treatment plan. If you don’t, then you won’t have the medical evidence you need to win your case. Getting treatment will require you to go to the doctor at least once a month or perhaps more. This is only one example of the type of medical treatment you need to prove disability.
HOW TO GET MEDICAL EVIDENCE IF YOU DON’T HAVE INSURANCE
How can you get medical evidence if you don’t have insurance to go to the doctor? There are always ways to find a doctor for your physical disability or mental condition. Hopefully, you or your spouse or parent have medical coverage through insurance. If not, then there are free or low cost clinics. Every state has them. You can become their patient, but you will need to call them and set up an appointment. Many doctors are also willing to set up a payment plan. All you need to do is ask.
Producing medical evidence that proves you cannot work is key to winning SSD benefits. We have free and low cost clinics listed to help you find a doctor. Regular, consistent medical treatment is the key to proving your SSDI or SSI claim.
We have lists of free and low cost clinics in Utah. Also, we have a list of free and low cost mental health resources in Nevada. Our firm updates our lists 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. We also have a list of free and low cost healthcare options in California.
It is crucial for you to have medical evidence at your Social Security hearing. The judge can believe everything you say. But, if you don’t have objective evidence proving disability, then you won’t win. The judge has to follow the law. Without strong medical evidence, the Judge cannot grant your SSDI benefits.
HOW DO YOU PROVE DISABILITY IF YOU DON’T KNOW HOW TO QUESTION EXPERTS?
Many people don’t realize 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. Even if the judge does not call on an expert, you will definitely be a witness. Are you ready to answer questions from the judge?
Your attorney can prepare you testify at the SSA hearing. If you don’t hire an attorney, then how will you know how to answer the questions? Also, how will you question the experts at your hearing? You will not know how to do this. 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 prepare you for court and question the experts.
THE MEDICAL EXPERT
You may think you don’t need to 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 conditions meet or equal an SSA listing.
So, the medical expert will testify as to whether the evidence in your case proves you cannot work. 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 SSA’s criteria, then what will you do? You may not know what to do. But your SSD attorney does. That is why it is best to have an attorney to question the doctor. It doesn’t cost any upfront money to hire an SSD attorney. Understand what it costs to hire an SSD attorney.
THE VOCATIONAL EXPERT
Finally, there is almost always a vocational expert (VE) at the hearing. The VE is 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. VEs are people who know about the physical and mental requirements of jobs.
The VE is at the hearing to testify about your past jobs. He or she will tell the judge what your skills are from your past jobs. There is a specific five year rule for past relevant work, that you need to know. Also, the VE will testify as to whether your skills transfer to other jobs. The VE also testifies as to whether you can return to your past work. Additionally, the VE will testify about other work that you can do considering your medical conditions. This occurs at step five of the review process.
Additionally, the VE will rely on publications in their testimony, like the Dictionary of Occupational Titles. Or, 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 VE’s testimony is wrong?
If not, then you need an attorney. These kinds of problems are hard to deal with if you don’t have legal experience. No one is saying you aren’t smart enough to do it on your own. But most people are not ready to question an expert. Also, since they haven’t done it before, most people don’t understand what is going on during that part of the hearing.
WE 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 a lawyer with experience is possible. Even with no money up front. If you would like to learn about the hearing process from the SSA’s side, then review the Social Security website.
Call or contact our SSD law firm for free to discuss your case. We offer a free review of your benefits. Usually, we can often tell you over the phone whether or not you qualify for SSDI or SSI benefits.
In the past 30 years, we have won over 20,000 SSD and SSI cases. We know how to prepare your SSDI and SSI case for court. Also, we know how to help you get your medical evidence in order. Hire us to prove your disability.
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 our law firm to be your legal team.
