Tips

Return to Step One. In this article, Ocala disability lawyer CJ Henry will explain the next step in the sequential evaluation process, the so-called severity step. Step 2: Do You Have a “Severe” Medically Determinable Impairment? If you’re not engaged in any substantially gainful activity, the Social Security Administration will then determine whether you suffer from a “severe” impairment. If your impairment is slight, then the Social Security Administration will consider it to be “non-severe,” and you will be determined not to be disabled. Almost any decrease in your residual functional capacity (which is the work that you can still do despite your impairment) will satisfy Step 2. The Social Security Administration will look at all evidence, even your subjective…Read More

Return to overview. Step 1: Are You Engaged in Substantial Gainful Activity? The first step in the sequential evaluation process is determining whether you’re engaging in substantial gainful activity. To fall into this category, the work must be both “substantial” and “gainful.” It entails doing “significant physical or mental activities.” Meaning of “substantial” Work you do is not considered to be substantial when: You do not have the capacity to perform “ordinary or simple tasks satisfactorily without more supervision or assistance than is usually given other people doing similar work”; or You are engaging in work that requires “minimal duties that make little or no demands” on you and is actually of “little or no use” to either your employer…Read More

General Overview of the Sequential Evaluation Process If you apply for Social Security disability benefits, the Social Security Administration will undergo a five-step sequential evaluation process in order to determine whether you’re disabled and thus qualified for disability benefits. If, at any step, the Social Security Administration determines that you’re either disabled or not disabled, then it stops the evaluation, and there’s no further proceeding to the next step. The five steps for determining disability are: You are not doing any “substantial gainful activity” (SGA); and You suffer from a “severe” medically determinable impairment; and This impairment meets or “equals” an impairment that is listed in Social Security’s “Listing of Impairments”; or Taking into account your “residual functional capacity” (RFC),…Read More

Before your Social Security disability hearing, your Ocala disability attorney will help you prepare by letting you know what to expect and how to answer questions in a way that gives the administrative law judge the information he or she needs to approve your benefits. Below are some practical tips for the day of the hearing. As this is an informal hearing and the Social Security Administration wants you to be comfortable, you do not need to dress up too much for it. Leave your cell phone in your car or make sure that it is completely turned off to avoid possible disruptions. While in the waiting room, hallway, elevator, or anywhere someone might hear you, you should not talk…Read More

What happens after I request a hearing? After you request a hearing but before the hearing itself, an attorney advisor may review your file, ask for additional evidence, and conduct an informal hearing conference with your attorney. What can the attorney advisor do? An attorney advisor can write fully favorable decisions for administrative law judges, so it is possible that he or she could issue a decision before your hearing. Unless a request to proceed with the hearing is made within 30 days after the date of the attorney advisor decision, the request you made for a hearing will be dismissed.  If you appeal, the Appeals Council will review the decision. If the attorney advisor does not issue a decision,…Read More

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

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

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

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

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