![]() ![]() Unlike hearings before the Social Security Administration, you are not offered a chance to call witnesses, or present evidence in person. Private disability appeals are submitted on paper to the insurance company for review. This means that having witness statements in your appeal and if necessary, a part of the court record, can help bolster the medical evidence provided by your physicians. ![]() The Rekstad decision went on to state “witness statements are relevant and must be taken into consideration, along with the other medical evidence presented.” This has become the standard in disability insurance cases throughout the country. Learn How We Can Help Your Disability Insurance Claim or Appeal How Can a Witness Statement help?ĭisability insurers are required to give “full and fair consideration” to evidence provided during the appeal process. However, witness statements can support your claim for disability benefits, and provide the insurer with more information than is generally contained in your medical records. Unfortunately, nothing can guarantee an approval of benefits. Including witness statements with your appeal will not guarantee a favorable outcome. It is important that the author does not embellish, but provides an accurate, account of their observations. You want the author of a witness statement to be completely honest. What Are the Most Important Things to Remember? Having a variety of perspectives from people in different areas of your life, can give the appeals specialist a richer picture of how your day-to-day activities have been impacted. Who Should You Ask to Write a Witness Statement?ĭepending on the circumstances of your particular illness/condition, it may be helpful to get witness statements from close family members as well as friends, former co-workers, or neighbors. For instance, they can describe how “since your disability, you have not attended any family reunions, or can no longer drive, or how you tire easily and need to rest throughout the day, etc.” A witness statement should convey to the insurance company how the author has witnessed your disabling condition affecting your life. It is okay for the author to provide their opinion, detail a specific instance where they personally saw how your disability has changed your behavior. The witness statement should be more personal. This is not a legal letter and it should not sound like it is coming from an attorney. This is a chance for your family, friends, and co-workers to describe how your behavior has changed since your disability. Generally, it is written in an informative style, in language the writer would generally use.
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