Credibility In A Social Security Disability & SSI Case

How Social Security Evaluate Your Case

Credibility is an extremely important issue in all Social Security disability cases, and yet few people talk about it. There are two reasons for this. First, it’s hard to explain how or why a person is or is not credible. Second, it is a sensitive matter. Being credible means a person believes you – what you say and what you do. Credibility matters because in nearly all disability cases, the Social Security adjudicator or administrative law judge (ALJ) who decides your case must find you credible to award benefits. Of course, everyone thinks they are credible. Everyone says they are honest and do not exaggerate, minimize, or misstate. Everyone feels there is no reason not to believe them. Yet, in nearly every case denied by Social Security, it will find that the claimant was not credible. So, understanding what makes you credible is important – at least, what makes you credible in Social Security’s view. The following are the most common credibility issues that arise in a disability case:

Credible –

1. No/minimal alcohol/drug use;
2. Honesty;
3. Consistent statements – on forms, medical records, at a hearing, etc.;
4. Needing help with activities of daily living;
5. Needing help caring for your children;
6. Consistent work record;
7. Respectful behavior to Social Security;
8. No criminal record;
9. Following prescribed medical treatment;
10. Taking significant medications;
11. Symptoms are consistent with medical findings; and
12. Need for inpatient care or hospitalizations.

Not Credible –

1. Excessive alcohol/drug use;
2. Dishonesty;
3. Inconsistent statements – on forms, medical records, at a hearing, etc.;
4. Performing excessive activities of daily living (mowing a large yard, pruning trees, cleaning gutters, shoveling snow, etc.);
5. Poor work record;
6. Disrespectful behavior to Social Security or your medical providers;
7. Criminal record;
8. Not following prescribed medical treatment;
9. Not taking prescribed medications;
10. Symptoms too severe compared to medical findings;
11. Vacations during the time you allege disability;
12. Gym attendance; and
13. Cooperative Disability Investigation Unit (CDIU) investigation.

If any of the not-credible issues exist in your case, Social Security will be less likely to believe you – less likely to find you credible. These issues are therefore a serious concern. It may mean the difference between winning and losing your case. Not all clients need an attorney/representative to win their case. If a client has received a denial, is looking to appeal, and one or more of the not-credible issue applies to them, an attorney/representative is needed. One of the most significant benefits of hiring an attorney/representative is that they have experience in preventing or dealing with not-credible issues; exactly how they do it depends on the credibility issue and how serious it is. But generally, a claimant (or attorney/representative if they have one) must show they have a good reason for the not-credible issue – it needs to be discussed and explained.