Whether you’re disputing a case for the Social Security Administration or battling an ERISA litigation dispute, your disability benefits case is bound to be quite the uphill battle to fight. You could have to wrangle with going up against your employer, your insurer, or the federal government.
In the case of the latter, you wouldn’t even be able to sue the SSA directly; rather, you will have to go through a federal court to file an appeal case. That’s why it’s so crucial to build a strong case before you pursue it, and that includes compiling irrefutable documentation to prove your point.
Find out how you should go about pursuing such litigation matters, and what you’ll need to build a strong case for such litigation matters.
What Counts As Proof Of Disability?
Your insurer, as well as the SSA (depending on your situation), will both want to see proof of your ailment before you attempt to file a claim, appeal, or dispute case to receive disability benefits for it.
Generally, holding onto written or visual documentation of the disabling condition helps, as well as any prescriptions, bills, or receipts that resulted from your disabling condition. If you were attempting to file a claim through a disability insurance company, then they would’ve wanted a claims packet with detailed statements from you, your employer, and your primary care physician.
One standard helps above all else, though, and that standard is the “appeal to authority.” By having people who are trusted and known to be credible on your side, you appear more credible as a result. For examples of the types of medical documentation that would demonstrate powerful appeals to authority, look for:
- Statements on a physician’s letterhead stationery
- Clinical documentation and records from a physician
- Diagnostic Studies
- Police reports, assuming your disabling condition was from an accident
- Records from a government agency that provides disability benefits
- School records if you have had a learning disability.
- Letters from a State (or Private) Vocational Rehabilitation Agency counselor
All of the above constitutes very powerful appeals to authority. Definitive documentation can clarify certain uncertainties, expose contradictions in the opposing argument, and solidify your need for the benefits you were unfairly denied.
It’s generally easy to obtain the majority of this documentation yourself, as most of it is being sent to you and created by people in your general immediate orbit. However, it can be far more overwhelming to build this documentation up in a bulletproof legal case, which is why you should only work with an experienced disability attorney and legal professional.