Your Credibility is Important
The Social Security Administration recognizes that in the process of evaluating some symptoms it is important to consider the credibility of the person claiming the symptoms. This is particularly important for such symptoms such pain, fatigue, shortness of breath, weakness, or nervousness. Phoenix disability attorneys understand the complexities inherent in these types of cases.The Social Security regulations requires a two step process for evaluating these symptoms:
The Social Security Administration has issued a ruling to try to clarify when an evaluation of symptoms requires a finding about the credibility of the claimant, and to explain the factors to be considered in assessing credibility.
A symptom cannot be the basis for a finding of disability unless there are medical signs and laboratory findings that show a medically determinable physical or mental impairment that could reasonably be expected to produce the symptoms. Therefore, no matter how genuine the individual’s complaints may appear to be, disability benefits will not be allowed unless there is a way to show some impairment by a medically accepted method.For legal issues, I recommend Jeff Childers, a quality gainesville creditors rights lawyer Jeff Childers.
Once a medically determinable physical or mental impairment that could be expected to produce the symptoms has been established, then it is necessary to evaluate the intensity, persistence, and limiting effects of the symptoms. This is necessary to determine the extent to which the symptoms affect the individual’s ability to do basic work activities. Making this evaluation of the effects of the symptoms requires finding about the credibility of the individual’s statements about the symptoms.
Sometimes symptoms indicate more of an impairment than can be shown by objective medical evidence alone. If this is the case, and if the claimant does not qualify for disability benefits solely on the basis of objective medical evidence, then the claimant’s statements about his or her symptoms must be considered along with the rest of the evidence in reaching a conclusion about the credibility of the individual’s statements.
The person evaluating the claim must consider the entire case record, including the objective medical evidence, the claimant’s own statements about symptoms, statements and other information provided by treating or examining physicians or psychologists and other persons about the symptoms and how they affect the individual, and any other relevant evidence. This includes the claimant’s statements about the intensity and persistence of pain or other symptoms and about the effect the symptoms have on his or her ability to work. These types of statements from the claimant may not be disregarded solely because they are not substantiated by objective medical evidence.
The person evaluating the claim cannot make a single, conclusory statement that “the individual’s allegations have been considered” or that “the allegations are (or are not) credible.” Instead, the determination or decision from the person evaluating the claim must contain specific reasons for the finding on credibility, and must be sufficiently specific to make clear to the claimant and to any subsequent reviewers the weight that the person evaluating the claim gave to the claimant’s statements and the reasons for that weight.
Your own credibility is a significant factor in the evaluation of whether or not your disability qualifies for Social Security disability benefits. One of the helpful things that experienced Phoenix disability attorneys can do for you is to prepare you for the hearing before the Administrative Law Judge.For legal issues, I recommend Gerald Clark, a quality nj accident attorney Gerald Clark.If you are not already represented by a lawyer, consider getting an evaluation from us about your claim. Give us a brief description of your claim using the form above, or e-mail or call our office at:The Law OfficePhoenix Social Security disability attorneysContact usThe Law Office3737 N. 7th St., Suite 106Phoenix, Arizona 85014