Resources

What will happen at my consultative examination? (continued from Consultative Examinations (Part 2)) The nature and extent of your consultative examination depends on your impairment and what information Social Security decision makers need to decide your claim. You may need to undergo a complete physical examination and battery of tests or you may only need to undergo certain tests, like breathing tests, blood tests, or a stress test, for example. If you have a mental impairment, you may need to undergo an examination and a battery of tests administered by a psychiatrist or psychologist. The Social Security Administration will pay for your consultative exam and testing. You will not be charged. There is no charge to you even if your…Read More

A vocational expert (VE) may be scheduled to testify at your disability hearing. In most cases, the expert is appointed by the administrative law judge, although an Ocala disability lawyer may, in some cases, be able to have a vocational expert testify for the claimant or provide a written opinion. Vocational experts are actually more common at disability hearings than medical experts. Unlike medical experts, VEs vary widely in their experience, knowledge, and prejudices. The primary purpose of the vocational expert is to provide evidence that will enable the administrative law judge to deny the claim, although this may not be the motivation of every judge who appoints a vocational expert. In general, the presence of a vocational expert means…Read More

Social Security Administration regulations play an important role in determining whether a claimant is disabled. One group of disability regulations is called the Listing of Impairments (the Listings). The Listings are organized by body systems (e.g., musculoskeletal, respiratory, endocrine) and then by impairments specific to those systems. For example, the Musculoskeletal Listing covers impairments such as spinal disorders, joint dysfunction, amputations, and fractures. The Listing for each impairment consists of specific medical findings characteristic of that impairment. When a claimant has the medical findings provided in the listing, the SSA says that the claimant “meets the Listings.” A claimant who meets the Listings will be found disabled. The SSA will not even look at whether the claimant can do a…Read More

Who will perform my consultative examination? (continued from Consultative Examinations (Part 1)) If you are asked to undergo a consultative examination, the state disability determination agency will arrange for you to be examined by a practitioner with the appropriate experience and credentials. The consultative examiner is typically a doctor or psychologist in private practice who signs a contract to do the exam and provide a report for your disability file. The state agency will normally try to arrange for you to be examined near your home, but that’s not always possible if the right kind of specialist is not available in your area. It is possible to arrange for your own doctor to perform your consultative exam. However, your doctor…Read More

Persistent low back pain brings many clients to my Ocala disability law firm. Even though chronic lower back pain can be debilitating, these cases are especially challenging. If your back problem does not satisfy a Social Security Administration Listing, your eligibility for benefits will depend on your “residual functional capacity” or “RFC.” RFC is an assessment of what you are capable of doing despite the limitations caused by your low back pain. To determine your RFC, the Social Security Administration will consider both your objective medical evidence (usually X-rays and scans in back injury cases), and your subjective evidence (your testimony and the testimony of your witnesses). Although X-rays, CT scans, and MRI scans can identify spinal abnormalities, they are…Read More

The answer is “maybe.” There is a conflict between the requirements for each program that can make it difficult for some claimants to receive benefits from both for the same time period. To receive Social Security disability benefits, you must be unable to work because of a severe impairment. But to receive unemployment benefits, you must be ready, willing, and able to work. No statute, regulation or ruling says a claimant cannot receive unemployment compensation and Social Security disability benefits for the same period. Nevertheless, administrative law judges have widely different views on this issue. Some judges believe that receiving benefits from both programs is unfair double-dipping. These judges will request that you amend the onset date (the date that…Read More

Determining whether you are able to work given your health problems is the number one issue when deciding whether to award you disability benefits. This is because disability benefits are intended to replace income you would be able to earn if you were capable of working. To assist the Administrative Law Judge (ALJ) with determining whether you have a medical condition that qualifies for Social Security disability benefits, an Ocala disability lawyer may suggest asking a supervisor or co-worker to testify. Your Ocala disability attorney will meet with your coworker witness before your hearing to make sure he or she knows how to testify properly. If the co-worker merely offers his or her opinion that you can’t do your job…Read More

During an Administrative Hearing before an Administrative Law Judge (ALJ), as a claimant, you will need to answer a variety of questions related to your mental or physical condition that is at issue in the hearing. The ALJ or your Ocala disability lawyer will pose questions to you to help the ALJ gain a better understanding of your condition, and the limitations that arise because of the condition. One line of questioning during the disability hearing may involve your ability to travel. These type of questions are asked to gauge your ability to leave the house and travel to and from a job or while on a job, whether on her own or with some assistance. Your ability to travel…Read More

What is a consultation examination and why do I have to have one? If Social Security decision makers review your file and decide that they need more information about your medical condition before making a decision, they may send you for a consultative examination. A consultative exam is a physical or mental exam that the state disability determination agency arranges for you to undergo. You may be asked to submit to a consultative examination before the initial determination on your claim is made or after you appeal a denial. Here are some common reasons why you might be asked to undergo a consultative examination: • Social Security decision makers need an expert opinion about your condition, but your doctor is…Read More

Deposition is one of the last stages of the discovery process before your Marietta personal injury case goes to trial. During deposition, you will be required to testify under oath. This will help the defense attorney in your case determine how you will come across in your testimony at trial; if you perform well, a higher settlement offer could be made. Also, anything you say at your deposition can be used to impeach you at trial if you later testify to something inconsistent with your deposition testimony. Many depositions are videotaped, and there are certain considerations that must be made for a videotaped deposition versus one that is not videotaped. In this article, Marietta personal injury attorney Michael Braun will…Read More