As a disability attorney, people are always asking me all kinds of Social Security questions. One of the most common involves whether or not they are required to provide evidence that would hurt their case at their Social Security Disability hearing.
Short answer: no. Under current SSA rules, you are allowed to pick and choose the evidence that you bring to the hearing. It doesn’t stop the ALJ from bringing up that evidence and asking you about it, but it does make it easier for you and your rep to build your case by creating a narrative that shows how your disability has negatively impacted you.
Unfortunately, the SSA has tried on a number of occasions to change this by instituting a rule that would require claimants to submit any and all evidence they have.
Doesn’t That Make It Fairer?
People pushing for this kind of rule change argue that it prevents claimants from “playing” the system or some such nonsense, but that’s ridiculous. More than anything, it’s akin to the rule we have in place against being forced to testify against yourself in criminal justice. Why should claimants be required to show documentation that may hurt their case?
But it goes beyond the mere fact that doing this could cause claimants to essentially be fighting against themselves. Think about this situation:
You go in to see a doctor who’s clearly not interested in checking you out. Maybe they’re tired. Or they have a golf game to get to. Who knows? Whatever the reason, they give you a perfunctory exam, say you’re fine, and send you on your way. You know they’re wrong, so you get a second opinion and that doctor immediately knows that you have a problem. The same thing happens with every doctor you see after that but, because that initial doctor in a hurry found nothing wrong, the judge uses that “evidence” to refuse your claim.
This is the kind of thing that could happen if Social Security Disability claimants were required to show every single piece of information they have.
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Why Should I Worry?
So far the SSA hasn’t been able to get such a rule change to happen but they do keep trying. Most recently, they commissioned a report to see how what other administrative tribunals require and whether or not it would “improve” their process if they started requiring all evidence to be submitted.
For the latest updates on Social Security questions like that one, check our blog regularly. That way you’ll always know the latest on what’s going on that could affect your case. For even more information check out our free e-book! Call us toll free or arrange for a free case evaluation with a Social Security Disability claims lawyer.
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