WHAT IS "CREDIBLE TESTIMONY" IN A DISASBILITY HEARING?

 When judges write their decisions, they sometimes refer to "credible testimony."  What do they mean by this term?  Does it simply mean that the claimant has come in with a good, reasonable account of his or her disability?  Or does it mean more than that?

The term credible testimony means that what the claimant says is supported by objective evidence in the medical record.  For example, if the claimant testifies that he has severe back pain on most days, there should be medical evidence to support this.  If he has X-rays and MRI studies that show herniated discs, stenosis of the spinal cord and osteophytes that press against the nerve roots, then this explains the severe back pain and makes it explainable.

However, if an individual tells the judge that he has severe back pain without any objective medical evidence to support it, it may be considered testimony that is "not fully credible," or "not supported by objective medical evidence."  This will generally cause a claim to be denied.

So, there are really two important parts to credible testimony:

1.  A reasonable explanation from the claimant as to the type, location and severity of symptoms, and

2.  Objective medical evidence that is consistent with symptoms that the claimant alleges.

When both of these things are present, you have at least a medically determinable impairment.  Will it pay?  That question involves another step:  Is the impairment so severe that it seriously reduces the claimant's capacity to perform "substantial gainful activity," or full time work?  Does the impairment preclude all work or just work at some exertion levels?  For example, an individual may not be able to work at heavy or medium level jobs but can still work at light or sedentary jobs. 

The point I want to make is this:  Telling a convincing story to the judge will not be enough to get the claim paid.  The federal regulations prevent judges form paying disability claims unless there is objective medical evidence to support the claimant's allegations.  In short you will need X-rays, MRIs, CT scans, laboratory tests or other signs that support your symptoms.  So, it's to the doctor first and to Social Security later.  

The stronger the objective medical evidence, the more likely your claim is to get paid.  If you'd like for a disability specialist to look at your case and evaluate how strong it is, contact the Forsythe Firm at (256) 799-0297.  The evaluation is free and there is no cost or obligation.