Social security is a government program that provides financial support for individuals who are elderly, retired, or disabled. When an individual works, they pay a percentage of their income to the government, called social security taxes.
When an individual retires or becomes disabled, they are issued monthly checks by the government that are based on the amount that the individual paid into the system during the years they were employed.
There are numerous documents that will be necessary for a Social Security disability claim, including:
- Document 1: Social Security number and age information – This information is necessary to show the individual is eligible to receive benefits.
- Document 2: Social Security numbers and proof of age for family members who may qualify for benefits – This information shows who may be eligible for benefits.
- Document 3: Medical records and documents – This includes information regarding doctors and clinics that treated the individual. It may include diagnoses and test results which show eligibility for benefits.
- Document 4: Employment history – This includes the individual’s work history that makes them eligible to receive benefits.
- Document 5: A copy of the individual’s tax return – This shows proof of income.
An individual’s lawyer will want to review a list of other medical providers, which may include:
- Physical therapists;
- Mental health counselors; and
- Chiropractors.
Other documents that may support an individual’s claim include:
- Any work restriction slips,
- Information about an individual’s medications, and
- Any paperwork from other disability claims, which may include workers’ compensation or short-term disability claims.
How Will This Evidence Make My Social Security – Disability Case Stronger?
The first step in preparing for a strong Social Security disability case is hiring an experienced government lawyer. Although an individual may be able to handle their claim, they will likely have a much better chance at success if they have a lawyer’s help.
In order to understand how the evidence listed above will help make an individual’s case stronger, it may help an individual to be aware of the five-step analysis system used by the Social Security Administration to determine if an individual is eligible for benefits, which includes:
- Is the individual working?
- Does the individual have a severe impediment?
- Does the individual meet or equal a listing of impairment?
- Can the individual perform past relevant work?
- Can the individual perform other work?
If an individual is working and meets or exceeds the threshold, they will not be able to receive benefits. An attorney will be able to advise an individual what the current amounts are and if they qualify.
An individual must have an impediment that significantly limits their physical or mental ability to do basic work activities. The condition or conditions must have existed for at least one year or will last for at least one year.
There are listings of impairment that describe specific symptoms and conditions as well as provide specific disability criteria. The listings for these impairments can be extremely technical.
The work requirements include work the individual did in the past 15 years. If the individual can perform other work that is different from their past relevant work, their claim may be denied.
An individual’s Social Security disability denial has to be appealed in a timely manner. The laws that govern when the appeal must be filed vary by state.
In some situations, if an individual was previously denied Social Security benefits, it may impact their current application or appeal, especially if the individual had a previous hearing before an administrative law judge (ALJ). An attorney will be aware of what evidence is most important to present for a strong case.
The strongest cases show that the individual is not able to work in a job that they are qualified for because of their disability or medical condition.
How to File Evidence in Court for a Social Security – Disability Case?
Although an individual may be able to submit a Social Security disability claim themselves, it is very important for them to have legal representation. There are many strict deadlines and requirements for submitting evidence to court and submitting claims.
The foundation of a Social Security claim is strong medical evidence in court and hearings. An individual will not be able to receive benefits unless their medical condition or disability prevents them from working.
It is also important for individuals to be aware that Social Security disability claims are often denied and for numerous different reasons. Common examples of reasons claims are denied include:
- The applicant is making too much or enough income, even if it is not as much they made prior to becoming disabled;
- The applicant failed to submit substantial medical documentation of their disability, if it was required;
- The SSA determined that the applicant can perform another type of job; or
- The applicant does not have enough work credits with the SSA to receive the specific benefits they are applying for.
If an individual’s claim is denied, they may be able to file an appeal. The individual will receive a denial letter that reviews their disability and provides information about the appeals process.
Typically, the first step is to make a written request for reconsideration. The claim will be reviewed by the SSA.
The claim will be reviewed and, in some cases, overturned. If this occurs, the applicant will receive benefits.
In many instances, however, the applicant will be denied again. If the application is denied at reconsideration, the applicant will receive another written notice of denial as well as the next steps to appeal.
Next, an individual can request a hearing with an Administrative Law Judge (ALJ). An ALJ is a specific type of attorney who will hear the claim and determine whether the denial should stand, or be overturned.
If an individual’s claim is denied after their ALJ hearing, the individual can appeal to the SSA Appeals Council. It is important to note, however, that the Council is not required to hear a case.
The Council can choose only to hear the case if the ALJ made some type of mistake. Having a case heard by the Council may be difficult and winning is not likely.
The final option an individual has for an appeal is to file a lawsuit against the SSA in federal court. This option is only available after the individual goes through the first three processes.
A lawyer will be trained in issues such as proof in civil cases and material witness civil cases. It is essential for an individual to have legal representation throughout all of these processes to ensure that the most effective evidence is best presented and the applicant’s rights are protected throughout the process.
What If This Is Not Accepted by the Courts as Evidence?
In some cases, there may be pieces of evidence that are not accepted by the SSA, ALJ, or a court. This is where having legal representation is essential.
A lawyer will be prepared for any possible arguments for exclusion of evidence as well as how to argue against them. A lawyer will also prepare as many pieces of evidence as possible to show the important aspects of the case, to give the applicant the best chance at obtaining benefits.
How Can a Lawyer Help Me With My Evidence?
If you have any issues, questions, or concerns related to your Social Security disability claim, it is essential to consult with a Social Security disability lawyer. Social Security claims, denials, and appeals may be too complex for you to handle on your own.
Your lawyer can advise you of your rights throughout the process, the basis of your claim, and help you throughout the application and appeals processes. In most cases, claims and appeals that are filed with the assistance of a lawyer are much more likely to be successful.
