YES, BUT CAN YOU PROVE IT?

YES, you are disabled. But can you prove it?

No, you are not able to work. But can you prove it?

No, you can't persist to work an 8-hour day, 5 days per week. But can you prove it?

Yes, you deserve a disability check. But can you prove it?

This troubling word "proof" baffles many Social Security disability claimants. Of course, it's a legal term used by lawyers, judges and such. Many disability claimants don't really understand what we mean when we start talking about "proof."

One legal definition of "proof" is stated this way: "the cogency of evidence that compels acceptance of a truth or a fact."

I like this definition of proof: " A body of objective evidence which makes it difficult to dispute or deny a fact.

Let's face it, when you go into court or a hearing to get your disability benefits, you are required to have proof. There needs to be objective facts that cannot be easily disputed or denied. Where do we look for such objective evidence?

• From your doctors and other healthcare professionals. We use laboratory test results, X-rays, MRIs or other imaging studies, examinations and doctor's observations to prove certain facts. For example: An MRI on 08/21/20 shows severe multi-level degenerative disc disease from L3-4 through L5-S1.

• From consultative examinations. A special doctor may examine you and provide evidence of certain medical findings.

It is a mistake to believe that a judge can or will award benefits just because you (or I) explain how bad your symptoms are. This is really a form of "hear-say" evidence. What we must have is a medical paper trail of irrefutable, objective evidence which proves (establishes as fact) what the claimant and/or lawyer are saying.

The value of an attorney/advocate is this: He or she knows what objective evidence is. He or she knows when evidence proves a case. And he/she knows how to get medical proof of disability and how to use it in court. In short, lawyers are accustomed to using hard evidence to prove their cases. That's why they can help you get disability benefits.