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THE DIFFERENCE BETWEEN EVIDENCE and an ALLEGATION

 al·le·ga·tion

/ˌaləˈɡāSH(ə)n/
noun

 In law, an allegation is a claim of a fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.

In Social Security cases, claimants allege certain things:  they are not able to work, they can only sit for 30 minutes, stand for 15 minutes or walk for 5 minutes.  These are examples of common allegations.  

Before they have any validity, however, allegations must be proven or supported with strong evidence.  

Allegation:  "I can only lift my right arm to shoulder height; I can't lift it above my head."

Proof:  We have an MRI of the left shoulder which shows a torn rotator cuff and severe degenerative arthritis in the joint of the right shoulder.  Also, the claimant has presented to an orthopedic physician at least 6 times complaining of severe pain and limited range of motion in the right shoulder.  

Evidence - is something which tends to support or help prove an allegation.

Social Security disability claims win or lose on evidence, not just allegations.

The most common source of evidence is doctors, clinics or other medical providers. For mental disorders, the most common evidence comes from licensed psychologists or psychiatrists.  

These days, it is seldom (if ever) possible to win a disability claim just on allegations (what the claimant or attorney says).

You always need objective evidence which points to proof.  That's why medical records are so important.  If you are thinking about filing for disability, see your doctor(s) regularly and follow prescribed treatment.  

"The path to disability benefits runs through your doctor's office."

___________

The Forsythe Firm  7027 Old Madison Pike    Suite 108        Huntsville, AL 35806 

Phone:  (256) 799-0297

https://forsythefirm.wixsite.com/website

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