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 benefits think they will win 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 SSDI and SSI benefits has the burden to prove they are disabled. They must do so with objective medical evidence from a doctor. But how can you get medical evidence if you don’t have insurance to go to the doctor?

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 submitting the medical evidence is your responsibility. If you fail to do it, then the SSA will simply deny your claim for benefits.

 

HOW TO GET MEDICAL EVIDENCE IF YOU DON’T HAVE INSURANCE

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. You can become their patient.  Many doctors might also set up a payment plan with you.  Producing medical evidence that proves you cannot work is key to winning benefits. Regular, consistent medical treatment is the key to proving your claim for benefits.

 

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?

If you don’t hire an attorney, then 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 question the experts.

 

THE MEDICAL EXPERT  

You may think you don’t need to hire an attorney.  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.

 

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. 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.

The VE will rely on publications in their testimony, like the Dictionary of Occupational Titles. Do you know how to use the Dictionary of Occupational Titles? Are you ready to prove the VE’s testimony is wrong?

If not, you need an attorney. These kinds of problems are hard to deal with if you don’t have legal experience.

 

OUR LEGAL TEAM 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.

 

Call or contact The Law Office of Francis R Niper for free to discuss your case. We offer a free review of your benefits. Usually, we can often tell you over the phone if you have a good case.