WHAT IS "BURDEN of PROOF"?

It is always the claimant's burden to prove disability. What does "burden of proof" mean?

The easiest way to say it: Social Security will not find that you are disabled until you prove it. They do not have to prove that you aren't disabled; you must prove that you are. Thus, the burden of proof rests on you (the claimant), not on them.

There are types of evidence that you may use to meet your burden of proof:

• Objective medical evidence: exams, lab tests, imaging studies, etc.

• Opinion evidence: doctor's give restrictions that inhibit the ability to work.

• Vocational evidence which rules out full-time work in all forms.

• Subjective evidence, which includes the claimant's or others' statements

Subjective evidence alone will never be enough to win a claim or appeal.

The Social Security regulations will stipulate which evidence is acceptable and how decision makers will use evidence to evaluate the claim. The administration always says, "Disability must be proven using OUR rules."

At The Forsythe Firm, we always seek out evidence that will help prove a disability case. One of our largest responsibilities is to find the evidence that meets the burden of proof.

The Social Security Administration denies about 5 out of 7 disability claims. A major reason is failure to meet the burden of proof, i.e. insufficient evidence to meet their definition of "disability."