What You Must Prove at Your Hearing

WHAT MUST BE PROVEN AT YOUR DISABILITY HEARING?

In the Social Security disability application and appeal process, the burden of proof is on you, the claimant. If you fail to prove your case you walk away with no benefits. But what must be proven to win?

Several things, but I will take time to list only a few here. First, you must prove when you stopped working at Substantial Gainful Activity (SGA). Second, you must prove when you became disabled. This will determine how far back your pay can reach.

You must prove that you have a medically determinable impairment that has lasted at least 12 consecutive months or is expected to last that long.

Most importantly, you must prove what your Residual Functional Capacity (RFC) is. Now that needs some explaining, so here goes. RFC is the maximum that you are able to do in terms of work-related activities, such as sitting, standing, walking, pushing/pulling, lifting, concentrating, remembering, etc.

Social Security classifies jobs into 5 big categories: sedentary, light, medium, heavy and very heavy. For most individuals under age 50, you must prove that you cannot perform even unskilled sedentary work, which can be performed while sitting most of the time. Most claimants age 50 and over may have to prove that they are not able to perform light or even medium work.

It's important to prove that you can no longer perform any of your Past Relevant Work--that is, any job you held within the most recent fifteen year period. If you fail to prove this, you lose. Finally, you generally must prove that you cannot perform any other type of work which exists in the US economy--a very tall order.

If you are represented by counsel, it is your counselor's job to obtain medical evidence to prove your case. Social Security calls these individuals "representatives." Your representative knows the rules, the system and the procedure. He or she knows exactly what is required to prove your case and get you paid. This can give you a tremendous advantage compared to going into the process alone and unrepresented.