WHAT IS "OBJECTIVE EVIDENCE"?

To get Social Security disability benefits, the claimant must prove disability with "objective medical evidence.": What does this term mean, exactly?

The dictionary of law defines “objective” evidence as “evidence that is not subject to bias and is quantifiable and able to be independently confirmed and verified by using analytical or other tools.” Simply put, objective evidence is based on facts and is the kind of evidence that can be independently examined, evaluated, and verified.

“Subjective” evidence, on the other hand, is evidence that is in the form of an opinion or self-report that cannot be independently examined, evaluated, or verified, but must be either accepted on faith, or rejected. Here are some examples:

OBJECTIVE EVIDENCE: An MRI made on 6/15/2020 shows severe disc herniation in the lumbar spine at the L3-4 and L4-5 levels. Additionally, the MRI demonstrates a severe osteophyte complex at L5-S1 which presses against the left nerve root."

SUBJECTIVE EVIDENCE: I believe this individual has severe back trouble that would prevent her from working any full time job.

Subjective evidence is more open to interpretation and dispute. It is more like an opinion than a fact.

While courts sometimes weight subjective evidence in disability cases, a favorable decision cannot be based entirely on subjective evidence. There must be objective evidence, too, which factually supports the opinions or theories. That's why you cannot win disability benefits without adequate medical evidence, including laboratory tests, imaging studies, and the like.

Of course, in cases of mental impairment, the evidence by its very nature is more subjective. Still, the claimant will need evaluations by well qualified specialists--psychologists or psychiatrists--to demonstrate the severity of the illness and symptoms.

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For a free consultation about your new Social Security disability claim or appeal, please contact the Forsythe Firm in Huntsville, AL at (256) 799-0297. You never pay us a fee unless we WIN your case.