Evidence in a Social Security claim can take many, many forms. For example, the claimant, you, the injured party, the disabled party, can testify that I have pain when I lift anything that weighs more than five pounds. Now that’s evidence. That is oral evidence.
The medical record is documentary evidence and is extremely important in front of a judge of disability claims. The reason for that is simple. Anybody can describe and complain of pain. There’s no way objectively to determine whether or not the individual has pain. I can tell you I’ve got a headache sitting here doing this video. You don’t know if it’s true or if it’s untrue. The medical record is a very important component.
Other important components are objective tests. For example, a nerve study will measure whether or not there has been damage to a nerve. That is what’s called an objective test and objective evidence. It does not depend on what the claimant – you say. It’s something that we can see. An X-ray is another example of that.
Evidence can take many forms. Evidence can be brought in by a witness who says, “I see this fellow or young lady all the time, and all they do is they lay down and they’re groaning in pain,” or “I’ve seen them have seizures.” All of that is evidence that the court will consider.
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