A witness may be able to testify to periods where the claimant maintains sobriety, and to how drugs or alcohol change their level of functioning. Another situation where a witness may be valuable is for a claimant with a history of drug or alcohol abuse. These parties may be able to explain what assistance the claimant needs in order to complete activities of daily living and maintain functioning. Many claimants with severe mental impairments work closely with therapists, social workers, or case managers. For example, a claimant who suffers from seizures that include confusion or memory lapses may want to bring a witness who can describe what happens during the seizure. A witness is most helpful when he or she is able to add something new and different to the case. It is not necessary and sometimes judges will not even allow it, but in some cases it may be helpful. Many claimants wonder about bringing witnesses to a disability hearing. Medical Witnesses Can Be Powerful – But Not Always Allowed The two most common forms of non-medical evidence are witness testimony and letters of support. Medical records aren’t the only form of evidence the ALJ will consider in your case. But what if you don’t have much care? What if your medical records don’t paint a very clear picture of your limitations? If you sign up with an advocate or representative, they will also ask about treating history and send requests for records to various medical providers. Witness statements are a helpful way to make up for this, as they are written witness testimony and help to provide context.Anyone familiar with SSDI and SSI cases knows the first thing that Social Security looks for is the claimant’s medical records. Because private disability claims are submitted on paper to insurance companies for review, rather than being presented in person, in court, you don’t have a chance to call witnesses or present evidence. Unfortunately, witness statements don’t guarantee a favorable outcome in your disability claim, however, they do help to provide your insurer with more information than they would get in your medical records alone. Insurers are required to take into consideration witness statements along with medical evidence, and give full and fair consideration to all evidence provided in the appeal process. It is important that whoever writes a witness statement for you is completely honest in their statement and provides an accurate observation of your condition. How Does a Witness Statement Help my Claim?Ī witness statement may help your claim by providing your insurer with a full picture of how your life has been impacted. Some people you may think about asking to write a witness statement include: Getting multiple different perspectives from different people in your life will help to paint a more full and compelling picture of how your day-to-day life has been impacted by your disability. It’s likely that your co-workers will see you impacted by your disability in different ways than how your family sees you are impacted. You can ask a variety of people to write a witness statement for you. Who Should Write A Witness Statement for You? This letter is meant to detail the changes they have observed in you since you were injured and disabled.Ī witness statement should be written in a personal manner and can include the author’s thoughts, opinions, and personal anecdotes on how they have seen your behavior change since being disabled. What is a Witness Statement?Ī witness statement is a letter written from the point of view of the witness, who can be your spouse, a family member, a co-worker, or a friend. You will likely have documentation from your doctors and medical statements to help prove your case, but acquiring a witness statement from a family member, spouse, close friend, or co-worker may help your case even more. Gathering all relevant information and documentation is essential to receive a favorable decision from your insurance company. An experienced injury lawyer will be able to guide you through the disability appeal claim and help you gather all the necessary documents and submit them on time. To protect your rights during this process, you may want to work with a skilled attorney. If you’ve been injured and sustained a disability as a result, then you know that the process of appealing a denied disability claim can be a long and arduous process.
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