WHAT IS "BURDEN OF PROOF"?

"Burden of proof" refers to who has the responsibility to prove a set of facts in a legal case or claim.

In the Social Security disability process the burden of proof rests upon the claimant during most of the process.  In other words, Social Security doesn't have to prove that the claimant is not disabled; the claimant must prove that he is disabled.

In a criminal trial, the accused walks into the courtroom innocent and remains innocent until the prosecution can prove guilt.  In a disability case, the claimant walks into a hearing "not disabled" and remains that way until he can prove disability.

There are, of course, rules and regulations that govern how to prove disability.  Objective evidence must be submitted to prove that the claimant meets the government's conditions for disability payments.  

Nearly every claimant who walks into my office believes that he/she is disabled.  Most can articulately describe their impairments and explain passionately why they are not able to work.  However, this will not result in a disability benefit.

There is the truth that you know and there is the truth that you can prove.  Proof = medical evidence.

It is the job of the claimant's attorney or representative to find and submit the proof of disability.  During the appeal hearing, it is the attorney/representative who will direct the judge to the evidence that proves disability.  

The representative will have developed a "legal theory" of the case.  My client meets the government's requirements for a disability benefit because.....   In other words, "Here is what the regulations require and here is the evidence meeting those requirements."


You believe that you are disabled.  The big question is:  Can you prove it?
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THE FORSYTHE FIRM
Social Security Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call Us:  (256) 799-0297

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