Resources
As you move toward your disability hearing, you are probably wondering exactly how the judge makes his decision. The attorneys at your Florida Social Security disability law firm will be your greatest resource for information, as the process can be very complicated and difficult to understand. I Can't Find a Job—Will I Be Find Disabled? Not necessarily. As your Florida Social Security disability law firm attorneys will explain, the reality is that whether or not you are found disabled has nothing to do with your actual ability to find a job. Rather, the judge cares only whether there are any jobs that you are able to do. Does My Past Work Matter? Yes, the work you have done in the past 15…Read More
If you are unsatisfied with a decision after your disability hearing, you can ask for the Appeals Council to review the decision. Your Social Security lawyer in Ocala, FL can explain that the Appeals Council will not always take on the case; therefore, the decision made by the administrative law judge may stand, subject to a review by the court. If the Appeals Council does review the decision, the result could be that the council agrees with it, changes it, reverses it or calls for it to be discussed at a new hearing. Sometimes, on motion alone, the Appeals Council will review the judge's decision and then either decide positively or negatively on behalf of the claimant. A claimant can submit…Read More
If you have missed the 60-day window during which you are required to file an appeal for your disability denial, your Ocala, Florida Social Security appeal attorney may be able to help. There are certain circumstances in which a deadline extension is allowed. What Is Good Cause? Your Ocala, Florida Social Security appeal lawyer will explain that the SSA will only extend the deadline for appeal if you have submitted a letter that demonstrates you had good cause to miss it. The rule regarding good cause states that the SSA will take into consideration the cause of the late filing, any instances in which you were misguided by the SSA, and any misunderstanding you may have had about the deadlines in place.…Read More
As your Florida disability appeal attorney can explain, physical abilities—sitting, standing, walking, lifting, bending, working with your hands—are the most prominent factors in determining a person's disability. It is more difficult when dealing with mental impairments. A Florida Disability Appeal Lawyer Understands What Must Be Proven Whether you are not able to perform specific types of manual labor due to a heart issues, breathing problems, back injuries, or another medical condition, your Florida disability appeal lawyer can advise you concerning what must be proven to be found disabled. For example, a person under the age of 50 must prove that he or she is not capable of doing a job that would be considered easy and requires sitting down, or a job…Read More
A disability lawyer in Ocala, Florida can advise you on the criteria the Social Security Administration uses to determine disability: Listing of Impairments Medical-Vocational Guidelines Listing of Impairments Your disability lawyer in Ocala, Florida can explain that the Listing of Impairments are medical findings which, if you have any of them, determine that you can be found disabled even without knowing whether or not you can do your previous relevant job. The listings can be found online at: https://www.socialsecurity.gov/disability/professionals/bluebook/index.htm There are two different classifications for meeting the criteria on the list: Meet the Listings—Your disability meets the criteria set forth on the list. Equal the Listings—Your impairment is as severe as a particular impairment on the list. Medical-Vocational Guidelines If your…Read More
As Ocala, Florida disability law firm attorneys are aware, the fundamental problem with filing a claim with the Social Security Administration (SSA) is its large size. The SSA has over 57,000 employees, as well as a separate SSA Office of Disability Adjudication and Review (ODAR) with approximately 8,000 employees, including 34 administrative appeals judges and around 1,300 administrative law judges. Moreover, as your Ocala, Florida disability law firm lawyers can tell you, there are over 14,000 state agency employees all over the country involved in making disability determinations under the administrative law judge level. Who to Contact? It is difficult enough for an experienced disability attorney to determine whom to contact about a client's particular case. Attempting to do this…Read More
State agencies and administrative law judges (ALJs) widely differ in their approaches to evaluating disability claims. In general, ALJs adopt a broader and more comprehensive view of a claimant's situation than do state agencies. State agencies usually base decisions on the medical findings in the file, without consideration for the individual's true ability to work. An Ocala, Florida Social Security attorney can discuss these differences further with you. An Ocala, Florida Social Security Attorney Discusses State Agency Decisions State agencies often employ the Listing of Impairments as the foundation for a disability ruling even if the decision does not necessarily align with the medical documentation. This is particularly true of claimants under the age of 50. If you are younger with no…Read More
The administrative law judge (ALJ) will decide whether or not you are eligible for disability benefits at your hearing. Your Florida disability lawyer will prepare you for what to expect from the judge. Questioning The ALJ will ask you about your impairment and how it affects your life. Your Florida disability lawyer will advise you not to ask the judge any questions other than to clarify what he has asked you. You may feel resentment toward the judge because of your subsequent denials, but he was not responsible for those decisions or the way the application process works. Thus, your Florida disability lawyer will ask that you speak respectfully when addressing the ALJ during questioning and any other interactions throughout your hearing.…Read More
Most attorneys who handle Social Security disability cases will likely tell their clients not to bother with functional capacity evaluations. Ocala, FL Social Security disability lawyers can tell you that these evaluations are not necessary because the Social Security Administration (SSA) does not require them, and they usually do not provide enough information. These evaluations, which only take a few hours, often do not accurately measure whether a claimant can work full-time all year long. Nevertheless, as Ocala, FL Social Security disability attorneys are aware, this becomes an issue in many cases with claimants 50 years of age and older. The issue surrounding this age group is whether a claimant can handle doing sedentary work for 8 hours per day. This…Read More
Your treating doctor may have some questions for you and your Ocala, Florida Social Security disability lawyer about what role he or she will play in your claim. Doctors are often asked to provide supporting opinions or evidence for disability claims. You can consult your Ocala, Florida Social Security disability attorney regarding how this will help your claim. What Kind of Information Must Doctors Provide? The functional capacity form asks for a large number of details regarding your ability to work, and your doctor may wonder whether they are all necessary. The Social Security Administration asks for such detailed information in order to get an accurate sense of your ability to perform work-related activity. This information is especially useful for…Read More