Texas disability attorneys explain how the Social Security Administration evaluates your symptoms

The Texas disability attorneys at Morgan Weisbrod want to hear about your symptoms. We know that, regardless of your diagnosed impairment, it is your symptoms – pain, fatigue, shortness of breath, dizziness – and the impact of those symptoms that prevent you from working. The Social Security Administration also wants to hear about your symptoms as part of its review of your Texas disability benefits claim. The Social Security Administration uses a two-part analysis to evaluate the nature and severity of your symptoms and determine if your symptoms are, in fact, “disabling,” as defined by the Social Security regulations.

Level 1: Does objective medical evidence support your claims regarding the nature of your symptoms?

As a preliminary matter in your Texas disability benefits case, the Social Security Administration will ask, “Is there any evidence to demonstrate that a ‘medically determinable impairment’ could cause the symptoms you claim to have?” To answer this question, the Social Security decision-maker will review the “objective medical evidence” in your case. “Objective medical evidence” includes medical test results, lab reports, and other similar evidence that can be reliably documented and usually is found in your medical records. If the objective medical evidence does not support your alleged symptoms, then your claim for Texas Social Security disability benefits will fail.

Level 2: Does all the evidence, taken as a whole, support your claims regarding the severity of your symptoms?

Once the Social Security Administration is satisfied that a medically determinable impairment could be the cause of your symptoms, it will evaluate the “intensity, persistence, or functionally limiting effects” of your symptoms. At this second level of review, the Social Security Administration is looking for an answer to this question: “Is the extent to which you claim to be disabled by your symptoms consistent with the evidence as a whole?” In answering this question, the Texas Social Security decision-maker must consider all the evidence in your case record – the objective medical evidence, as well as subjective evidence, which includes your statements and the statements of witnesses in your favor.

Your testimony at your Texas disability benefits hearing may be the strongest symptom-related evidence in your case

The strongest level-two evidence of the disabling impact of your symptoms may be your testimony at your Texas Social Security disability benefits hearing. At some point during the hearing, the administrative law judge will ask you about your symptoms and your daily activities. You can be your own best advocate by providing detailed testimony, full of examples and anecdotes that plainly demonstrate the severity and the disabling nature of your symptoms. For example, if shortness of breath is the symptom that troubles you the most, you must tell the judge something more than, “I have trouble breathing every day.” Instead, you must provide detailed examples from your daily life: How far can you walk? Are you able to climb stairs? Do you get dizzy every time you stand up? Do you have trouble carrying on a conversation? What activities are you no longer able to do because you have trouble breathing? For instance, if you have given up gardening because it is too strenuous for you, this is a fact the judge should know. This type of detailed symptom-related testimony, when considered in conjunction with the objective medical evidence in Level 1, will paint a vivid picture of your limited ability to function as a result of your impairment.

Experienced Texas Social Security disability attorneys can help

An experienced Texas Social Security disability attorney can review the objective medical evidence in your case and work to fill any gaps. In addition, a Texas Social Security attorney can explain the hearing process and make sure you are comfortable talking about your symptoms, so that on the day of your hearing you can relax and give your best testimony. If you would like to talk with us about your claim for Texas Social Security disability benefits, please take a few moments to complete the Free Claim Evaluation form to your right. Alternatively, you may contact our office directly, by phone or email.

Morgan & Weisbrod
Texas Social Security disability attorneys
with offices in Dallas, Austin (Georgetown), and Houston
Phone: 800-800-6353