WHAT IS "BURDEN OF PROOF?" HOW THIS CAN GET YOU PAID?

There are always at least two parties in every legal proceeding.  One of those parties has the "burden of proof."  In other words, one party must prove the case, the other party doesn't have to prove anything.

In a Social Security disability hearing, there are two parties:

A.  The claimant, who is trying to get a benefit--
B.  The Social Security Administration who may pay a benefit--

The Social Security Administration has no burden of proof. They don't have to prove that a claimant is not disabled. They don't have to prove anything.  If nothing is proven during the hearing, Social Security wins and pays nothing.  The claimant loses.

It is the claimant, the person trying to get benefits, who must prove something.  The claimant must present evidence proving that he or she is medically disabled, according to the rules and regulations of the Social Security Administration.  If the claimant cannot prove this, he or she loses and gets no benefits.

So, you have to ask yourself, who is best qualified to prove the facts that are favorable to the claimant?  Of course, it will be an attorney or disability advocate who knows the rule and regulations of the Social Security Administration.

You must know what you have to prove before you can prove it.

 How can you get an attorney/advocate and what will it cost?

Disability attorneys who work on Social Security cases work on a Contingency Fee.  This means they only get paid if the claimant wins the claim and collects back pay from Social Security.  Otherwise, the legal work is all free to the claimant.  Attorneys usually do not charge any upfront fees, deposits, expenses or other costs.

This allows the claimant, who has everything riding on the Social Security case, to hire the best representation money can buy--without paying a penny until after the case is decided favorably and Social Security pays the back payments due.  In that case, Social Security will withhold the agreed upon attorney's fee and pay it directly.

If you have a Social Security disability hearing in your future, think about this:  Do you know what you must prove?  Do you have a plan to prove that you meet all of the federal regulations?

 Disability hearings are much more complicated than most claimants imagine.  They are much more "legal" than most people imagine.  It's easy for claimants to get in over their heads, legally speaking.  

"Wow!  That hearing was nothing like I thought it would be!" is something we hear a lot from clients walking out of a hearing.

If your case is important to you, if you really need the benefits, be prepared to meet your burden of proof.  The hearing is your very best chance to do so.  There will never be a better opportunity to win your case.
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

E-mail Address:  forsythefirm@gmail.com


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