Typically any sort of legal matter involves the need for some sort of evidence to prove a case. This is obvious in criminal law for anyone who has watched Law & Order, but evidence is crucial in all types of law and especially involving types of injury and disability cases.
When we refer to evidence involving Social Security disability cases we are referring to medical evidence. The nature of injury is not as important as what evidence can be obtained to prove a disabled worker has limitations and impairments that prevent them from maintaining gainful employment, regardless of how the impairment occurred. The more medical evidence that shows a claimant has significant limitations to working past types of employment or any employment at all, the better for a Social Security disability case. As disability representatives we see all types of cases. Here is some insight into what sort of factors create a better disability case than others.
- Age: Specifically related to types of physical disabilities, age is a significant factor in a case. The main reason is that older individuals are not held to the same type of physical expectations as others. Claimants who have worked physically demanding jobs and are now in their mid to late 50s are not necessarily expected to learn a new trade compared to claimants who are in their 40s, 30s or 20s.
- Medical Records: Medical records equals medical evidence. If someone who has applied for disability is claiming a certain condition or diagnosis that limits their ability to work they had better be seeking medical treatment for that condition. Without medical evidence basically a claimant is asking Social Security to take their word that they are unable to maintain gainful employment due to disability, which will never happen.
- Medical Opinions: In addition to medical records, medical opinions from a claimant’s doctor are important to the success of a Social Security disability case. These specific opinions should not only indicate you have certain impairments, but also how these impairments specifically impact the ability to work. For a physical disability it would be things like weight restrictions, movement restriction and such. For mental health claims opinions about a claimant’s inability to get along with co-workers or understand simple instructions can make a big difference.
