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Explore General Legal Issues

Evidence Used By Your Disability Insurance Claims Lawyer

by Ralph Griffin

Your disability insurance claims lawyer gets supportive statements from your doctor, submits relevant records to the court, and handles bad evidence. However, the social security administration has a strict definition of disability. Therefore, you can't qualify for social security disability insurance if you are temporarily or partially disabled.

So, which evidence do disability insurance claims lawyers need to win your case? Read on to find out.

Medical Records

When you file a disability claim, you have to provide medical records to prove that you have an impairment. You can't simply explain your disability to the judge and expect to win the case. That's why a disability insurance claims attorney comes in to build medical evidence and offer you legal representation. The medical evidence includes:

  • Records about hospital stays and emergency room visit you experienced

  • Scans, X-rays, and other diagnostic tests

  • Reports from mental health providers or social workers you have consulted

  • A comprehensive list of medications you have taken

The judge can only continue with the analysis of your case if your records are objective evidence of your disability. So, your disability insurance claims lawyer requests a written diagnosis, prognosis, and practical limitations from your doctor.

Severity of Impairments

Once the disability gets established, your attorney presents medical and non-medical evidence to assess the extent of your impairment. The severity gets based on how the impairment affects your ability to perform routine activities. For children, their ability to function gets compared to other kids of the same age with no disabilities.

Non-medical evidence to prove the extent of your impairment includes:

  • Social welfare agency personnel

  • Family members and caregivers

  • Education personnel and your employer

  • Friends and neighbors

Consultative Examinations

If your medical records are an inadequate source, you'll need additional medical information. Your disability insurance claims lawyer works with you to get the additional information, clarification, or a consultative examination. The preferred source for the needed test is a deeper detail of your medical record. However, in some cases, you'll need an independent medical source. Such cases include:

  • Your medical sources lack the equipment to provide the required data

  • You haven't visited a doctor regularly

  • Your records have conflicts or inconsistencies which cannot get resolved

  • Your records are not productive or qualified as defined by regulation

Conclusion

Don't represent yourself in court if you have a social disability claim since you slim your chances of winning. Instead, get a competent disability insurance claims lawyer to guide and help you collect evidence to prove your disability. Your attorney also identifies the tests and expert opinions to bolster your claim. An attorney like Scott E. Shaffman Attorney At Law has more information.

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