Texas Social Security Disability Lawyer Explains How to Prove Your Claim
Texas social security disability lawyer Marc Whitehead, Board Certified Social Security Disability Attorney, explains how to prove your Social Security Disability Claim. Generally to establish disability under the Social Security Act, it is the claimants burden to prove that he or she has an impairment that will last continuously for 12 months and that the disabling condition is supported by medical evidence. The application of the burden of proof is particularly allusive in cases involving Social Security Benefits. Partly because the proceedings are not designed to be adversarial and certainly are not as likely to be such when the claimant is unrepresented. The claimant must show that they are unable to preform any substantial gainful employment. This burden is a heavy one, so stringent that it has been described as bordering on unrealistic. The following Four Elements of proof are weighed in determining whether there is substantial evidence to support a disability decision. 1- Objective Medical Facts 2- Diagnosis of Opinion & Examining Physician 3- Claimants Subjective Evidence of Pain 4- Claimants Educational Background, Age and Work History The Social Security Administration is to give your treating physicians opinion controlling weight if it is well supported by medically acceptable clinical laboratory diagnostic techniques and is not inconsistent with substantial evidence. If an ALJ chooses to reject the opinions of a treating physician the judge must show good cause as to why he or she rejected the opinion. The durational requirements are satisfied when either the disability can be expected to result in death or the disability can be expected to last for a continuous period of not less than 12 months. For more Social Security Disability questions please feel free to download our free eBooks: The Social Security Puzzle For a free downloadable copy visit: https://disabilitydenials.com/social-security/ssd-ebooks/ Or contact our office to discuss your particular disability issues at: Marc Whitehead & Associates Attorney at Law, LLP 403 Heights Blvd Houston, TX 77007 (713) 228-8888
Texas social security disability lawyer Marc Whitehead, Board Certified Social Security Disability Attorney, explains how to prove your Social Security Disability Claim. Generally to establish disability under the Social Security Act, it is the claimants burden to prove that he or she has an impairment that will last continuously for 12 months and that the disabling condition is supported by medical evidence. The application of the burden of proof is particularly allusive in cases involving Social Security Benefits. Partly because the proceedings are not designed to be adversarial and certainly are not as likely to be such when the claimant is unrepresented. The claimant must show that they are unable to preform any substantial gainful employment. This burden is a heavy one, so stringent that it has been described as bordering on unrealistic. The following Four Elements of proof are weighed in determining whether there is substantial evidence to support a disability decision. 1- Objective Medical Facts 2- Diagnosis of Opinion & Examining Physician 3- Claimants Subjective Evidence of Pain 4- Claimants Educational Background, Age and Work History The Social Security Administration is to give your treating physicians opinion controlling weight if it is well supported by medically acceptable clinical laboratory diagnostic techniques and is not inconsistent with substantial evidence. If an ALJ chooses to reject the opinions of a treating physician the judge must show good cause as to why he or she rejected the opinion. The durational requirements are satisfied when either the disability can be expected to result in death or the disability can be expected to last for a continuous period of not less than 12 months. For more Social Security Disability questions please feel free to download our free eBooks: The Social Security Puzzle For a free downloadable copy visit: https://disabilitydenials.com/social-security/ssd-ebooks/ Or contact our office to discuss your particular disability issues at: Marc Whitehead & Associates Attorney at Law, LLP 403 Heights Blvd Houston, TX 77007 (713) 228-8888