Vocational Evidence & Credibility

Monday, September 17th, 2007

Evidence is divided into objective and subjective evidence. Examples of objective medical evidence are clinical observations and diagnostic tests, while symptoms are subjective. Disability claims are frequently rejected for lack of “objective” medical evidence, or are denied on the grounds that the claimant’s subjective complaints are exaggerated or lack credibility.
Just as it is important to emphasize the objective medical evidence that supports a claim, the objective vocational evidence that supports a claim should also be highlighted. Most claimants overlook how vocational evidence can support their credibility, making it more difficult for their claim to be denied for lack of objective evidence.
One of my client’s disability applications was just approved without ever having been denied. While the claimant had medical evidence supporting his claim, there was no diagnostic testing to support his claims, just clinical records and reports. Nonetheless, the claimant’s application was approved quickly because of the emphasis placed on the vocational evidence.
It is well established in the courts that a claimant with a good work record is entitled to substantial credibility when claiming inability to work because of a disability. The courts have repeatedly held that a claimant’s long and honorable work history justifies the inference that when a claimant stopped working she did so for the reasons testified to. The presumption of credibility is even stronger where a claimant has a long work history of continuous work at the same employer.
My client’s disability application only wanted the claimant’s work history for the last 15 years. However, I stressed the claimant’s extraordinarily strong, continuous (40) forty year work history. I explained how the claimant’s work history provided objective evidence that rendered his subjective complaints credible. Considering the majority of disability claims are denied initially, and my client did not have unusually strong supporting medical evidence, the emphasis on his vocational evidence was critical to his obtaining benefits quickly
Posted by The Law Offices of Jeffrey Delott at 1:28 PM

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