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You are here: Home / Frequently Asked Questions / What Evidence do I need to Win my Disability Claim?

What Evidence do I need to Win my Disability Claim?

If you hope to win Social Security disability benefits, you will need evidence that convinces your Social Security judge that you do not have the capacity to work even a simple, entry-level job.

Even the most deserving claimant will be denied if the evidence in his/her claims file is inconsistent, contains gaps in treatment or does not address work capacity limitations. As I note in this video, evidence is the primary factor in whether you win or lose.

Also in this video I share with you what I have learned about Social Security disability evidence in over 25 years of trying hundreds of disability cases. More specifically I want you to know what types of evidence really stands out when a Social Security judge evaluates your case.

For example objective medical evidence like MRI reports, CT scans, pulmonary function tests and nerve conduction studies will carry more weight than pain questionnaires that depend solely on what you have reported to your doctor.

Judges will pay close attention if your record contains evidence that surgery has been recommended because surgical intervention is almost always a last resort type of treatment

In the case of mental health cases, evidence of in-patient psychiatric hospitalizations, suicide attempts and multiple medication trials will signal to your judge that you truly have mental health problems that cannot be adequately controlled.

I also want you to know that we can get creative with the evidence we gather. For example, I often create my own forms based on SSA’s official forms and include questions I know that resonate with judges.

Non-medical evidence in the form of statements from former co-workers or supervisors, and statements from people who have seen your health decline over months or years can also be compelling evidence.

Finally we have the right to object to evidence that is unduly biased, incomplete or unfair.

If you are pursuing Social Security disability benefits and want to discuss the evidence you will need to win, please reach out to me directly at 770-393-4985.

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Jonathan Ginsberg

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Ginsberg Law Offices
1854 Independence Square
Atlanta, Georgia 30338-5174

P: 770-393-4985
F: 770-393-0240
E: ginsberg@gmail.com

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