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What kinds of evidence will the judge consider in my Social Security Disability case?

Posted by Jason Baril | May 01, 2021 | 0 Comments

What  kinds of evidence will the judge consider in my Social Security Disability (SSDI) case?

The judge may consider 5 different types of evidence in your Social Security Disability (SSDI) case. We will examine each of these types of evidence.

Types of evidence that the Social Security disability (SSDI) judge may consider?

The evidence can be broken into 5 categories that the judge (ALJ) may consider in every Social Security Disability (SSDI)case. The typea of evidence are:

Claimant Testimony- What is your most severe impairment that prevents you from working? In other words what is your underlying condition? For example, Cancer, Spinal Cord Injuries (SCI), anxiety depression and ALS are the impairments. 

Ability to be around people, severe pain and the like are symptoms from the severe impairment not the severe impairment itself.

Evidence Tree-

  • The evidence begins with with Impairments and how do the impairments limit you?
  • Next, what medications are you on and what side effects do you encounter from them?
  • Next what does your surgeries and medical imaging and what each state?

Social Evidence- Social evidence is the type that is available about you. Facebook, Linkedin, Twitter and the like are all potential places a Claimant can have Social evidence. Letters from friends and family are another area of social evidence.

Work evidence- Anything that happens that is related to how you did prior jobs. Work evidence examples are:

  • like where you worked,
  • different skills, how many absences, &
  • if you were fired or if the cops showed up.

Medical Evidence- Medical evidence can be broken down into  various categories:

  • keep going to doctor (are you going to your doctor),
  • have consistency with the doctor,
  • take medications as prescribed and
  • have a good record that you are following the direction of someone who is a specialist in their fields.

Can there be an overlap between the different types of evidence?

Yes there is overlap between the 5 categories. The evidence tree and medical evidence will always overlap, social evidence and work evidence can overlap. An example of the latter, is if someone takes a picture at work and posts it to their social media.

If you or a loved one are applying for disability then call Betz & Baril today. If you decide to not call us, please retain competent council regardless of what you believe the merits of your case are.

About the Author

Jason Baril

Jason has spent his entire career fight for those who need help and often times do not get the help they need. In addition to Immigration Law, Jason has worked on Criminal, Social Security Disability and Personal Injury cases which gives him diverse experience on many legal issues. 

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