The Importance of Evidence in Your Social Security Disability Claim

Welcome to Season 1, Episode 26 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "The Importance of Evidence in Your Social Security Disability Claim."

If you think your Social Security Disability case will succeed with just a few doctor’s notes, think again. In this episode of Winning Isn’t Easy, host Nancy L. Cavey unpacks the real backbone of a successful claim: evidence. From medical records and diagnostic tests to the details of your daily life, every piece matters - and Social Security judges expect to see it all. Nancy explains what Social Security attorneys do with evidence that doesn’t fully support your claim, why objective medical evidence like MRIs, lab results, and clinical tests is considered the gold standard, and how the story of your day-to-day life can become some of the most compelling proof you have. You’ll see how clear documentation, credible storytelling, and a strategic approach to every type of evidence - good or bad - combine to create a claim judges can’t overlook. Whether you’re applying for the first time or appealing a denial, this episode gives you a practical, behind-the-scenes guide to how evidence is gathered, presented, and turned into a winning case. Let’s get started.

In this episode, we'll cover the following topics:

1 -  What Does a Social Security Attorney Do With Evidence That Does Not Support My Social Security Disability Claim?

2 - Why “Objective Medical Evidence” Is the Gold Standard

3 - How Your Daily Life Can Become Powerful Evidence

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:10]:
 Welcome back to Winning Isn't Easy, Social Security Disability episodes of our podcast where we break down everything you need to know about navigating the Social Security disability claim system. I'm your host, Nancy Cavey. Now, before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says. I have to tell you that now that I've said it, nothing will ever prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve. So off we go. Now, in my last episode, we talked about residual functional capacity forms and the role that they play in a Social Security disability claim.
 
 Nancy Cavey [00:00:54]:
 But today we're going to get really lawyerly sorry about that. We're going to dive into the critical aspect of a Social Security disability claim. It's called evidence. Okay, what happens when some of the evidence doesn't support your claim? Can your attorney ignore it? The spoiler answer is no. But we're going to unpack why Social Security disability attorneys are required by law and ethics to submit all relevant evidence, even the bad facts, and how that can be explained, framed, and managed. We also want to learn why objective medical evidence like diagnostic tests and clinical testing carry so much weight and why it's really important to have that in your medical records to develop a strong case. And I'm going to break down how clear, detailed documentation and honest storytelling combined can create a credible claim that Social Security judges would find difficult to ignore. If you're applying for Social Security disability benefits or appealing a denial, and you want to understand how evidence really works behind the scenes.
 
 Nancy Cavey [00:01:55]:
 And this episode is made for you. Let's get into it now. I'm going to cover three things today. One, what does the Social Security disability attorney do with evidence that doesn't support my claim? Two, why objective medical evidence really is the standard. And three, how explaining your daily life and the problems that you have can be a powerfully persuasive evidence that will convince a judge that you have difficulty doing your past work and other work in the national economy. Got it. Let's take a break for a moment.
 
 Speaker B [00:02:29]:
 Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:02:55]:
 Welcome back to Winning Isn't Easy. So what does a Social Security attorney do with evidence that doesn't support your Social Security claim? Well, let's say you have medical records that don't support your claim. Or let's say your doctor has filled out a residual functional capacity form that says you can work. Or let's say that the person who filled out that third party form says you're drunk. Can you deep six that information? What does the Social Security disability attorney have to do with the evidence that doesn't support your Social Security disability claim? Now, the Social Security Administration has rules and regulations that require a Social Security disability attorney to submit all of the relevant evidence, regardless of whether it's good, bad, or just ugly. We're also governed by state bar rules that require disclosure of relevant evidence, and there isn't any getting around it. A Social Security disability attorney is governed by the rules of ethics and regulations that require disclosure. So we can't hide the ball.
 
 Nancy Cavey [00:03:57]:
 So how can your lawyer handle what I call our bad facts? Now, we lawyers are trained on how to handle bad facts. First and foremost, we always tell the truth, and I'm upfront with the court about the bad facts. We don't hide the evidence. We explain the evidence. Now, there might be a conflict between what you said when you completed your application and what's happening now. There might be a conflict about what the third party said and what you said at the time of the application. There might be a conflict between what you allegedly told the doctor about your symptoms and what's really going on. It's really crucial that we explain the what was going on when you applied for your disability benefits, when you filled out the activity of daily living forms, or how your symptoms and functionality have changed over time.
 
 Nancy Cavey [00:04:48]:
 It might be crucial that we explain that you only saw the physician a few times or you saw the physician assistant or you changed physicians because of communication issues or because that physician wasn't a specialist. It is really crucial that we address upfront any issues about alcohol or drug use, including treatment that you may be getting for those issues, when you last used drugs or alcohol, and the circumstances surrounding your use of alcohol or drugs. Now, in my view, bad facts or evidence don't have to result in a claims denial. It's not uncommon for there to be bad facts or evidence. In fact, that's one of the things I'm looking for, particularly when I'm getting ready for a hearing. What are the bad facts? What are the facts that don't really reflect well on my client? I need to confront you with that evidence and say this is what it says. I didn't make it up. It says what it says.
 
 Nancy Cavey [00:05:48]:
 Well, I'm not going to argue about what's in the records or not in the records. It's there. But we're not going to let this come back and bite us. We want to address the circumstances upon which this quote unquote evidence came about or how it was developed and the impact that it's going to have in your case because we want to develop a truthful strategy for dealing with that. Got it. We will always tell the truth. We will always be upfront about problems and weaknesses in the case. And we'll take them on head on in a consistent strategy.
 
 Nancy Cavey [00:06:22]:
 And hopefully in the course of me or the lawyers representing you, we're getting your records and we're looking at them and we're saying, oh, here's a problem. Let's start addressing it back here. Not before we're walking into a hearing. Got it. Let's take a break. Welcome back to Winning Isn't Easy. Why objective medical evidence is the gold standard in a Social Security disadvantage disability case. So let's talk about what Social Security calls objective medical evidence.
 
 Nancy Cavey [00:07:09]:
 That's things like MRIs, X rays, lab results, surgical reports, clinical findings noted in your doctor's notes. It's what can be seen, tested and measured, not what you feel. And here's why it matters so much. Disability claims are often decided on what we call the paper. That means that the Social Security claims examiner may have never met you. They may have never heard your voice shake when you describe your pain or how long it takes to walk down a hallway. They're looking at cold, hard documentation and medical records or other forms. You know, if you say in a form that you can't lift more than 10 pounds, for example, and your medical records say a patient appears in no acute distress, has full range of motion, you know, can walk their dog, can pick up the dog food.
 
 Nancy Cavey [00:08:02]:
 That's going to be a problem unless your lawyer can explain the context. Social Security is legally required to give more weight to medical opinions that are backed by clinical findings. So a neurologist who performs a nerve conduction study test or an EMG and documents weakness, that's a gold standard test. A primary care doctor that says in a one sentence letter you know you can't lift, that's not going to move the needle. You have to have medical records and conclusions that are supported by exam notes, tests or a detailed residual functional capacity form. So the bottom line here is the more objective your medical evidence is and the more it connects directly to functional limitations, the stronger your case becomes. So if you have a back condition for which you've undergone surgery and postoperatively you still have positive EMG and nerve conduction findings, you still have positive objective findings on diagnostic studies, you still have positive findings on physical exam that is going to connect more directly to functional limitations than a doctor who notes that your exam findings are essentially normal. Your attorney's job is to highlight and frame and explain the evidence so that the decision maker understands the objective basis of the diagnosis, the fact that you have a medically determinable impairment, the fact that you meet a listing potentially at step three and it's step four and five that you can't go back to the lightest job you did in the five years before your claim was adjudicated, and that you can't do other work in the mythical, not real world national economy in view of your age, education, skills and whatever those restrictions are.
 
 Nancy Cavey [00:09:51]:
 So it's the medical records on an objective basis that helps formulate the foundation of the claim. It is your medical history that documents your symptoms and functionality and that does so consistently and that connects with the objective findings on exam and then it's via Residual Functional capacity form that will hopefully tie together the diagnosis, the findings, and why you have certain restrictions and limitations. You can see that we are building a pyramid, if you will, based on a strong foundation of objective medical evidence that supports your claim. Got it. Let's take a break.
 
 Speaker B [00:10:38]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:11:09]:
 Welcome back to Winning Isn't Easy how your daily life is a powerful tool and evidence in your Social Security disability claim. Now, medical records are, in my view, the foundation of a winning Social Security disability claim, but they're only part of the puzzle. Ultimately, one of the significant issues is going to be what your functional, physical or psychiatric restrictions and limitations might be. So what you can and can't do on a daily basis is a piece of that evidence. In the course of a Social Security case, you're going to be asked to fill out forms, family or friends may be asked to fill out third party statements, and of course, if you go to a hearing, you're going to be testifying in front of a judge. The forms that you fill out are asking questions about your functionality. And it is important that you are honest and truthful and that you do not exaggerate in a way to try to impress the Social Security administration where a judge with the extent and nature of your disability, I will tell you they practically seen everything and heard everything and they can smell a rat a mile away. They can also look at a set of medical records and say, eh, or there's some compelling evidence here.
 
 Nancy Cavey [00:12:25]:
 As a practical matter, the activities of daily living that you do around your home can be examples, if you will, of course, of the problems that you would have in the workplace. So judges in the course of looking at medical records are looking for consistency between what's in your medical records, what you're reporting that you can and cannot do, what your doctor says you cannot cannot do, and then comparing that to what you may have put in the activity of daily living forms, or what other people have put in the third party statement forms. There needs to be consistency. Now, I know that you're filling out a lot of these forms at the beginning of the application and things will change in the course of your of your case. When you're filling out these forms, I want you to give estimates and ranges. Not just necessarily a bad day and not just necessarily a good day, a range, okay? And practically speaking, certainly at step five, you have to prove that you really can't do what's called sedentary work sitting down, lifting less than 10 pounds with limited standing and walking. So the question is going to be, well, can you stand and go through the grocery store? Do you have to sit down? Do you have to take breaks? Do you hold onto the cart? Can you stand in front of a kitchen sink and make Thanksgiving dinner? Or are you microwaving things because you can't stand long enough to cook? Are you cleaning your castle or are you just wiping down a counter? Or are there people who are assisting you in doing these kinds of activities? Can you sit through a 30 minute show or a movie? Are you up and down, moving around? Do you have problems remembering what you saw so you have to TiVo it? Do you have problems staying on task? Do you have to start something and then stop, but then come back to it? Do you have cognitive issues or concentration issues because of pain, the nature of your medical condition, or even psychological problems? Do you have difficulty getting along with people, following instructions, dealing with changes around your home? These are the kinds of things that will paint a picture of, of Your functionality. Now, the tricky part about this is that these statements can backfire if they're inconsistent or too vague.
 
 Nancy Cavey [00:14:53]:
 So the form may say, well, do you do cooking? Well, that's a pretty vague question. So are you cooking? How often are you cooking? How long are you cooking? Are you using a microwave? Are you making pasta from scratch? Are you taking it out of a box and, you know, putting in the pot? Are you just microwaving a pasta dish? Okay, again, filling out forms is not like trying to complete your homework and do it quickly. It's to do this accurately and completely. Now, the third party statements are going to be from a spouse, an adult, or a friend. And they can be useful and they can be destructive. A statement that says he struggles to get out of bed on days where he is in a lot of pain in his back is more powerful than he doesn't have any problems or he can get in and out of bed without explaining what the struggles are. Or somebody might say he can't do it at all. Well, that's crap.
 
 Nancy Cavey [00:16:02]:
 Unless you live in the bed all day, emotional appeals are not going to be helpful. We want consistent factual observations. Those observations, again, should be consistent with what's in the medical records. I like my clients to do what we call a symptom and functionality sheet. Not every case does it, but there are cases like, particularly with migraine cases, where I want the person to basically do a weekly log that talks about the nature of the frequency of their migraines, the nature of their migraines, how long they last, how they interfere with their ability to function, they, what they do to try to control that migraine. How long the migraine lasts can be important because that again, will go to the inability to attend work or to stay on task. And we want, in this case, the claimant to give that form to the doctor at each doctor's visit. And we want our client to keep that form too, because we'll ultimately file it.
 
 Nancy Cavey [00:17:03]:
 That will help the doctor complete a residual functional capacity form that will quantify the person's restrictions and limitations. But we want it to be made part of the medical records. So again, we want to create a truthful but complete story of the functionality. And we want consistency and cohesiveness. That's what the Social Security administration is looking for and that's what a judge is looking for, particularly in a hearing. Now, when I get ready, if I have to, to try a Social Security case, I am looking at all of these forms, including the medical records, and I'm saying to my Client. Look, there's a problem here. The initial application, when you fill out the form and you said X, but the doctor's records say Y.
 
 Nancy Cavey [00:17:49]:
 How are we going to reconcile this by the way? Your symptoms have progressed. Let's talk about how they've changed. I will tell you. There are certain judges who will open a hearing and in the course of the hearing they'll say, Ms. Jones, when you complet your initial application, did you complete an activity of Daily Living form? Yes. Did that accurately reflect what was happening in your life at that point, what you could do? That's the beginning of setting the trap. That means there's got to be something in there that is making the judge's antenna go off. And so that's one of the reasons why if you have to go to a hearing, not only you need to be represented by an experienced Social Security disability attorney, but you kind of want to review these forms and the medical records looking for any inconsistencies.
 
 Nancy Cavey [00:18:33]:
 You need to understand that again, it is the story of your symptoms and functionality supported by objective medical evidence and hopefully the support of your doctor that will help you win your Social Security case. And as I keep on harping on residual functional capacity, forms are a key part of the evidence. If those forms don't help you, then perhaps you need to go back to your doctor and say, can you take another crack at this? Because ultimately, even bad evidence has to go in. But bad evidence can be explained. So don't think it's going to necessarily tank your whole case. When you get another doctor, you may change doctors. There are things that can be done to address this bad piece of evidence. Got it.
 
 Nancy Cavey [00:19:20]:
 Well, that's a wrap for today's episode of Winning Isn't Easy. I hope you enjoyed this deep dive into evidence. The good, bad, ugly, and everything in between. And more importantly, hopefully you now understand why it matters so much in a Social Security claim. Social Security is not going to take your blanket statement or your doctor's blanket statement that you're disabled. They're going to throw it out. They want detailed, objective medical evidence paired with a clear, honest description of how your condition impacts your daily life. You.
 
 Nancy Cavey [00:19:49]:
 And when there's evidence that doesn't quite support your claim, it's not the end of the road. A skilled attorney knows how to handle those bad facts with transparency and strategy. If you're navigating your own disability claim or appeal, please don't underestimate the power of well prepared evidence and thoughtful storytelling. Whether it's the right doctor's notes, objective results, detailed activity reports. Every piece fits together and if you look at your file, if you look at your medical records and you look at the forms and you realize you've got a problem, you need to hire a Social Security disability lawyer now, not two weeks before a Social Security disability hearing. This takes time to make sure that every piece that you need exists and fits together and tells a true and accurate story of your functional restrictions and limitations. A Social Security lawyer is here to help you build that the way Social Security needs to see it. Completely agony compelling.
 
 Nancy Cavey [00:20:51]:
 And if you feel overwhelmed or stuck, that's another signal that you need to be talking to a Social Security lawyer who can give you an honest assessment and a clear path forward. Now, if you found this episode helpful, please take a moment to like our page, leave a review, share it with your family and friends, and subscribe to this podcast. I would love to hear from you. At the beginning of each episode description, you're going to find a link where you can send us questions or comments and I might even feature them in future episodes because I love questions. Got it. So join us next week for another insightful discussion about whether you can work while your Social Security disability case is pending. I get that question a lot and I'm looking forward to answering it for you. Thanks for listening.