OBJECTIVE EVIDENCE VS. OTHER EVIDENCE

Social Security requires objective medical evidence in order to find a claimant disabled and eligible for benefits.  Objective evidence includes medical signs and laboratory findings from a qualified medical source, as defined in 20 CFR 404.1528 b and c, and 404.1529.

 For instance, if a person complains of severe back pain, Social Security decision makers would like to see an MRI or X-ray of the spine which demonstrates a clear medical impairment, such as degenerative arthritic changes or a herniated disc, that could reasonably explain the symptoms.  Further, they will need documentation by a medical source as to the severity of pain and other symptoms.

 In addition to objective medical signs and findings, "other evidence" will also be considered.  Other evidence might include statements from the claimant or from treating or non-treating sources about your medical history, diagnosis, treatment, daily activities, efforts to work and other evidence showing how your impairments and related symptoms affect your ability to work.

 However, statements alone will not prove disability.  Proof of disability must be based on objective medical signs and laboratory findings (20 CFR 404.1529).  The regulations also stipulate how the opinions of medical courses are compared and considered (404.1527).  Examining doctors are given more weight than non-examining doctors. Treating doctors are given more weight than mere examining doctors.  Specialists who are practicing in their field of specialty are usually given more weight than non-specialists.

 Your advocate or representative is trained to know what type of medical evidence is needed to satisfy the requirement for objective medical evidence.  He or she will also know how to help you gather such medical evidence.

 Vocational implications of pain or other medical findings play an important factor in disability decisions.  For example, what are the resulting limitations on the your ability to perform work-like activities, such as lifting, bending, standing, walking, sitting, reaching, concentrating, remembering, etc.  At your hearing, a vocational expert will usually weigh in on how these limitations may affect your ability to perform certain types of jobs.

See Answers to Common Social Security Disability Questions Here


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