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CJ Henry Law Firm, PLLC

Social Security Disability

  • Published: May 27, 2011

One of the best sources for supportive evidence in a Social Security Disability case is the doctor who is in charge of the treatment of your disabling condition. Your Ocala Social Security attorney will ask the physician in charge of treating the condition relevant to your case for an opinion in order to increase the likelihood of approval. The opinion of your treating doctor can help your disability case in a variety of ways. According to the SSA, your physician is the doctor most able to detail a long-term portrayal of the different aspects of your condition, one that a one-time medical examiner cannot provide. Information from a medical professional about the type, scope, frequency, and duration of your impairment;…Read More

  • Published: May 27, 2011

How much will I be charged for obtaining legal representation from an Ocala disability lawyer? In most cases, the attorney charges, and the claimant prefers, what is called a contingent fee. This means that the attorney only charges a fee if the decision is favorable. If I win, how much will the attorney fee cost me, and how will I pay it? The attorney fee is not paid out of pocket, nor is it deducted from your monthly benefits. Instead, the fee comes from the back benefits that you are owed from the date that you applied for disability benefits to the date of the favorable decision. Generally speaking, the attorney fee is a quarter of the back benefits; the…Read More

  • Published: May 27, 2011

The Social Security Administration (SSA) allows you to apply for disability benefits online, via phone, or by visiting a physical office. You can apply for Social Security Disability online at www.socialsecurity.gov/applyfordisability/adult.htm. Though you cannot apply online for Social Security’s other disability program, Supplemental Security Income, you are able to fill out one of the necessary supporting documents (the Adult Disability and Work History Report) online. Applying for Social Security disability benefits by phone requires first calling SSA at 1-800-772-1213. You will not complete your application the first time you call. You will talk with a Social Security representative to arrange a day and estimated time for you to expect a phone call from someone else at the Social Security office.…Read More

  • Published: May 16, 2011

When your Ocala Social Security attorney is planning for your Social Security disability hearing, she may consider calling witnesses to testify on your behalf. You will need to testify at your hearing, of course, but the judge may view your statements as more credible if they are supported by the testimony of other people. Your attorney will review the facts and evidence in your case long before trial, and will develop a theory of how you qualify for Social Security disability benefits. Witnesses can serve different purposes depending on what this theory is. Generally, they will be used for one of two things: corroborating your testimony or providing before-and-after testimony about how your disability has affected your activities of daily…Read More

  • Published: May 16, 2011

The hearing stage in a Social Security disability benefits claim is perhaps the most important stage in the disability process. It is the first opportunity for the Social Security Administration to question you in person and gauge your credibility. In fact, although most Social Security disability claimants are denied benefits after filing their initial application, those who appeal through the hearing stage are approved more than half of the time. An experienced Ocala disability lawyer can help you improve your chances even more. Your lawyer will provide guidance about the types of questions you are likely to be asked and how to answer them in a way that gives the administrative law judge enough information to find that you are…Read More

  • Published: May 16, 2011

- Don't argue your case. Leave that to your Ocala Social Security attorney. All the judge needs to hear from you is how the symptoms of your medical condition limit your daily activities. The factors you might think entitle you to Social Security disability benefits aren't necessarily the factors the judge will consider when deciding if you are disabled. Saying things like, "I'm a good person" or "I have worked my whole life" won't increase your chances of being found disabled. Don't play on the judge's sympathy. - Don't compare yourself to other people. Social Security disability claimants often like to compare themselves to other people, saying things like, "I know someone who has nothing wrong with him, and he…Read More

  • Published: May 16, 2011

Sometimes, you can get an extension from the Social Security Administration on the deadline to submit an appeal of the denial of Social Security benefits. To do this, you must show Social Security that there was good cause for missing the deadline. Your Ocala disability lawyer can help you with this process. Send the Social Security Administration your appeal form, as well as a detailed letter explaining why you were late. You may have to also submit an affidavit, depending on what your circumstances are. The Social Security Administration will extend deadlines for “good cause.” In accordance with regulations, the Social Security Administration will consider any circumstances that prevented you from appealing on time; whether Social Security somehow misled you;…Read More

  • Published: May 16, 2011

The Social Security Administration’s initial determination of whether you qualify for Social Security disability benefits is not the final word on the subject. In fact, there are four distinct levels where Social Security can evaluate your claim: (1) The initial determination (2) Reconsideration determination (3) A hearing before an administrative law judge (ALJ) (4) Review by the Appeals Council. After review by the Appeals Council, there is yet another channel for review: filing the case in federal court. Keep in mind that you must file your appeal by a certain deadline: for all but one of the levels, there is a 60-day time frame, starting from the date you receive the decision letter. There is a strong presumption that you…Read More

  • Published: August 5, 2008

Whether or not you still qualify for disability benefits depends on how much you’re working, how much you’re making, and the specific disability program you are enrolled in. The restrictions on what you can earn are stricter if you are enrolled in the Supplemental Security Income program. Assuming that you have no other sources of income besides your job and SSI, your Supplemental Security Income benefits are reduced by a dollar for every two dollars you earn over $85 in a month. It is entirely possible to earn so much at a job that your benefits stop altogether. If you earn enough to receive no benefits for an entire year, you will have to reapply for the program if you…Read More

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