To have a potentially-successful Social Security Disability case, a two-part test generally must be satisfied: (1) proof of a disability–be it physical, mental, or both–that prevents you from working and (2) objective, medical proof that you are getting treatment from treatment providers (for example, doctors, psychiatrists, psychologists, therapists, etc.) for the disability, but the treatment is not curing you. When you appear before an Administrative Law Judge (ALJ) for your Social Security Disability hearing, it will literally be your “day in Court” to explain to the ALJ why you are disabled and why that keeps you from working. You may, of course, have more than one disability; for instance, back problems that prevent you from being able to sit, stand, or walk (that is a physical condition) and the accompanying depression you feel because you are not able to work anymore due to your back pain (that would be a mental condition). While your testimony is very, very important, the ALJ must have medical proof that you have actually been seeing treatment providers for your conditions. Similarly, you must continue to get treatment while waiting on your disability hearing before the ALJ. You could have the strongest disability case that the Social Security Administration has ever encountered and be in constant pain but if there is not medical documentation to back up and reinforce your testimony at the hearing, the changes of success are not very good. There is no guarantee that an ALJ will award your application for Social Security Disability benefits. However, proof of treatment will greatly increase your chances of a successful case!
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On Behalf of Edwards & Kautz | Jul 30, 2015 | Social Security Disability |
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