Wednesday, August 28, 2024

Social Security disability hearings can hinge on "little things" #SSA

I've handled a few hundred Social Security disability hearings, and all of them are different and the same. Each person has their own unique story, but there are common threads that are woven throughout the tapestry of a good case.

 First, a good case has solid evidence that backs up the claimants complaints.  This is in the form of medical evidence and testimonial evidence.

 

Second, if subjective complaints and objective evidence (medical records) line up, then a claimant is usually deemed "credible." This means the claimant is believable.  Veracity is one part of it, but it is more about the complaints, the evidence, and the actual symptoms being in sync.

 

Third, the "little things" (anecdotes) line up with the evidence and claimant's story. For example, if a claimant sits on a bench in the shower and can't bend over to tie his or her shoes, then that claimant cannot meet the demands of a job where they need to stand. If the only jobs that person can do require standing, then that claimant is likely disabled.

 

There are no silver bullets in disability cases, but I continue to be amazed at how cases are made or lost on seemingly "little things" that end up looming large because they are reliable indicia.

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