Demystifying: Credibility
Many disability claimants who receive a written decision from an Administrative Law Judge are surprised to find a paragraph in the decision discussing whether the claimant is “credible.” This part of the decision often seems like a personal attack. This article explains what this “credibility analysis” is, and what judges have to consider in each case.
A symptom is something the claimant experiences personally. Pain, anxiety, sadness, tiredness, and even things like rashes or vomiting are all symptoms: they are the outward signs of the sickness the claimant believes makes them disabled. No symptom can prove a claimant is disabled, no matter how genuine the individual’s complaints are, unless there are medical signs and laboratory findings demonstrating “medically determinable physical or mental impairments that could reasonably be expected to produce the symptoms.” 20 C.F.R. §§ 404.1529 and 416.929; Social Security Ruling (SSR) 96-7p.
After the SSA decides that medical evidence proves a “medically determinable impairment,” the judge examines the intensity, persistence, and pace of symptoms to determine how the symptoms might limit the claimant’s ability to work. The judge must consider “all the available evidence.” 20 C.F.R. §§ 404.1529(c) and 416.929(c); Social Security Ruling (SSR) 96-7p.
There are seven specific credibility factors the judge should consider:
(i) Daily activities;
(ii) The location, duration, frequency, and intensity of pain or other symptoms;
(iii) Precipitating and aggravating factors;
(iv) The type, dosage, effectiveness, and side effects of any medication taken;
(v) Treatment other than medication for relief of pain or other symptoms;
(vi) Any other measures used to relieve pain or other symptoms (e.g., standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and
(vii) Other factors.
20 C.F.R. §§ 404.1529(c) and 416.929(c); Social Security Ruling (SSR) 96-7p.
The judge will consider all the observations and opinions of doctors, teachers, counselors, nurses, and other sources about the claimant’s attitude, behavior, symptoms, test results, and remarks. The judge also considers the claimant’s testimony at their hearing, and all the written responses the claimant submitted on SSA forms throughout the application process.
The credibility analysis is not intended as a personal attack. The purpose is to examine symptoms as they are recorded by third parties and remembered by the claimant, and to determine how the intensity, persistence, and pace of symptoms might limit the claimant’s capacity for work. This analysis is required by SSA regulations, and is part of every decision.
