WHAT IS "BURDEN OF PROOF"?

 The term burden of proof refers basically to 2 questions:

1.  Who is required to produce the proof?

2.  How much proof is needed?

In terms of Social Security disability appeals, the burden is on the claimant (the person who applies) in most steps of the process.  This means that Social Security will not have to prove that you are not disabled.  Instead, you must prove that you are.

How much proof is needed?  There must be objective medical proof of 3 things to prevail:

a.  You have a severe and medically determinable impairment.(MDI).

b.  The impairment(s) has lasted or is expected to last 12 straight months, OR end in death.

c.  The impairment(s) cause a serious restriction in your ability to work a full-time job on a "regular and consistent basis."

Some things that will NOT be adequate proof to win an SSDI case include (for example):

• Complaints of pain without a medical explanation for the source/cause of pain.
•  Any complaint by the claimant that lacks objective medical evidence from an acceptable medical source (medical doctor, specialist, psychiatrist, psychologist, etc.).
• Statements by family, friends or other interested parties.
• Symptoms that are not severe enough to reasonably cause the claimant to be unable to perform either past relevant work or other work which exists in the national economy.

How Do You Obtain Proof Acceptable to Social Security?

Get examined and treated by a medical doctor (MD or DO) if you have a physical illness.  Get examined and treated by a psychiatrist or licensed psychologist if you have a mental disorder. 

Remember that specialists carry more weight than primary care or general practice doctors. Nurse practitioners, chiropractors, licensed social workers (LSW) and professional counselors (LPC) are not accepted medical sources with Social Security.  

Even medical opinions will not win a case without objective medical findings to support opinions. Objective findings include laboratory tests, X-rays, MRIs, CT scans and/or physical examinations to explain and support symptoms.  It's too vague for a doctor to state, "This patient has a lot of pain in his shoulder and mid back that makes it difficult for him to work."  That should be supported by diagnostic tests that show a medical impairment which reasonably explains the cause of the pain.

Finally, get your doctor to specify exact functional limitations caused by your impairments.  Examples of specific functional limitations include:

• Can stand for no more than 30 minutes at a time or 2 hours per day.
• Can sit no more than 1 hour at a time or 6 hours per day.
• Lifting and carrying is limited to 10 pounds frequently and 20 pounds occasionally.
• Can be expected to be off task at least 20 percent of the time.
• Will need a 15-minute break 3 or 4 times per 8-hour workday.

Claims win or lose based on how much medical evidence there is and the quality of the evidence.

The 3 words often used to evaluate a person's symptoms are--

Duration

Severity

Frequency

You must convince Social Security, using objective medical evidence, that your symptoms prevent you being able to perform past work or any other work on a full-time basis.