Types of Disability Claim Evidence
One of the most common reasons a disability claim is denied is a lack of evidence. Meeting the basic requirements for disability benefits is one thing, but meeting the evidentiary requirements is equally important. Failing to do so could mean a denied disability claim and no disability benefits. If you have any questions, talk to a Wilmington disability lawyer to learn more.
EVIDENCE REQUIRED FOR DISABILITY CLAIMS
When it comes to disability claim evidentiary requirements, the Social Security Administration (SSA) will ask for both medical and non-medical evidence. Medical evidence includes any evidence provided by your doctor. This evidence must be objective and from a reliable medical source.
Not only will medical evidence establish the existence of a disability, but also the severity. Medical records will help establish the diagnosis, symptoms, and expected outcomes of the disability. This is vital for establishing that you have a mental or physical disability.
The next step is to establish and prove that your disability is severe enough to significantly interfere with work performance. Severity is determined by combining medical and non-medical evidence. What non-medical evidence comes from is:
- Subjective descriptions of symptoms
- Family members
- Educational staff
A journal with dates and descriptions of your daily limitations, for example, would be subjective non-medical evidence. This can greatly improve your chances by providing information on how much your disability limits your activities. Statements from loved ones that support this can also be enormously beneficial.
In cases where more information is needed medically, the SSA may order a consultative examination. This is designed to gather additional medical evidence. The SSA will choose the evaluator and a report will be generated as a result. A report like this will help determine the symptoms and severity of the disability.
WHAT IF MY DISABILITY CLAIM IS STILL REJECTED?
Do not panic if your disability claim was rejected because you have options. This is common when there is a lack of evidence, but also if there is a lack of:
- Basic details
- Work history or credits
- Disability severity
You can file a disability appeal online through the SSA website. They will guide you through the process. Be prepared to provide basic information about yourself, your medical records, and your disability. Have your new medical evidence or information ready to submit.
This process may take an hour or longer depending on how much new information you are submitting. You are allowed to submit additional documents by mail if needed. Consider contacting a Wilmington disability lawyer if you want guidance with the appeals process.
An experienced lawyer can assess your disability to find new ways to strengthen your claim. A lawyer can also help you take legal steps if your appeal is denied.
DISABILITY LAWYER IN DELAWARE
You may not have to do through the disability benefits application process alone. Discussing your circumstances with a Delaware disability attorney can be helpful for building a strong disability claim. All you have to do is call Edelstein Martin & Nelson by dialing (302) 295-5050 for a free consultation today. Our experienced team of lawyers might be able to help you obtain the disability benefits you need.