Credibility of the Claimant in Social Security Disability Claims

SSR 96-7p specifically addresses credibility findings:

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 CFR 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individual’s statements:

  1. The individual’s daily activities;
  2. The location, duration, frequency, and intensity of the individual’s pain or other symptoms;
  3. Factors that precipitate and aggravate the symptoms;
  4. The type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms;
  5. Treatment, other than medication, the individual receives or has received for relief of pain or other symptoms;
  6. Any measures other than treatment the individual uses or has used to relieve pain or other symptoms (e.g., lying flat on his or her back, standing for 15 to 20 minutes every hour, or sleeping on a board); and
  7. Any other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms.

About tngainjurylawyer
Serious Injury Lawyer in Tennessee and Georgia.

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