Resources

To the average person, Medical-Vocational Guidelines probably sound very complex and intimidating.  But to an Ocala Social Security disability attorney, Medical-Vocational Guidelines are simply part of the everyday world of disability benefits. Why were Medical-Vocational Guidelines created? Medical-Vocational Guidelines were created by the Social Security Administration to determine the number of jobs that exist for those with residual functional capacity (RFC), depending on the person’s age, work experience, and education. In those cases where disability is difficult to determine, the Medical-Vocational Guidelines are used to establish the rules for assessing disability based upon the impact of the person’s education, work history, and age. Does age affect the Medical-Vocational Guidelines? Age does make a difference in determining your RFC. It is…Read More

Witnesses are essential figures in most Social Security disability hearings, since they provide eyewitness evidence of a claimant’s disabilities. That does not necessarily mean that all witnesses are equally useful, however, so it is your Ocala Social Security disability lawyer’s responsibility to weed out the least useful witnesses. Types of Witness Testimony Witnesses can provide either weak or strong testimony. Weak testimony is often characterized by vagueness, brevity, and unsubstantiated claims. Strong testimony is noticeable for its detailed descriptions, characterization job duties, and comparisons between an able worker and a disabled worker. Your Ocala Social Security disability lawyer should have the practice and education to spot the difference. Examples of Weak Testimony “I work as an operating line attendant in…Read More

These are some of the questions that the Social Security adjudicators will examine regarding your case when you apply for disability benefits: Can the demands of the claimant’s prior work be met by the claimant, either as that work is generally performed in the national economy, or as actually performed by the claimant? Regulations provide that expert opinion testimony may be offered to answer this question. Does the claimant possess skills that can be transferred to a sizable field of work? While this issue does not arise often, an Ocala disability lawyer recognizes that younger claimants may find they are denied benefits based upon the capacity for unskilled work even if it is determined they have no transferable skills.  For…Read More

You've successfully applied for disability benefits and received your Notice of Award, but your relationship with your Ocala Social Security disability attorney may not be over yet. The Social Security Administration (SSA) requires a “continuing disability review” to ensure that disability benefit recipients still require financial assistance. The Review Every three years, the SSA will conduct a review of your impairments and other relevant aspects of your life. Your Notice of Award should offer a date when you can expect this review to occur. Depending on your case, the SSA may decide to review you more often than every three years. To complete the review, you will be asked to fill out a form with information about your life. The…Read More

Determining if, when and how to pay taxes on your Social Security benefits, can be a perplexing process. Speak with an Ocala Social Security disability lawyer about your benefits and to see if these general guidelines may apply to you. Do I pay? To decide if you must pay taxes on your Social Security Disability benefits, you will need to examine your marital status, income, and a special IRS formula for designating taxable portions of your benefits. Your Ocala Social Security disability lawyer can help you determine your own eligibility for taxes. Most claimants will not pay taxes, but it's important to be absolutely sure you are free of responsibility. If you are part of a couple whose combined income…Read More

When you have been approved for Social Security disability benefits, there are a few things to keep in mind regarding your payments, problems that might occur, and your eligibility for Medicare. Consult an experienced Ocala Social Security disability attorney to discuss how these details will factor into your disability benefits. When will I get paid? Once you have been approved for benefits, your first check should arrive one month after receiving a check for any past-due benefits, unless you receive a regular monthly benefit check first. Your payments will always pay for the previous month; for example, a check sent in April pays for March. Depending on your own birthdate, the check will arrive on the second, third, or fourth…Read More

A Government Vocational Expert, or VE, may play a large role in your Social Security Disability case and its level of success. Speak with experienced Ocala disability lawyers who can help you prepare for the issues that might arise in your case when a VE is asked to testify. What is a VE? In a Social Security disability case, the purpose of vocational expert testimony is for the Social Security Administration (SSA) to meet their burden of proof if they wish to deny you Social Security benefits. The SSA may then bring in a Vocational Expert, who is there to testify as to whether you are capable of performing work or if you are clearly eligible for benefits. VEs are…Read More

An Ocala disability attorney is aware that the extent of your physical impairment is the main issue in your disability hearing, and that the most important part of your testimony is how you describe your symptoms.  If you are able to give a tenable, comprehensive description of your symptoms, your Ocala disability attorney knows you will be that much closer to winning your case. The following list of potential questions your Ocala disability attorney might ask pertain to different aspects of your disability symptoms.  Physical Symptoms  Pain Description What is the nature and location of your pain? What caused this pain? Has there been a remission of your pain?  If so, what caused it and how long did it last?…Read More

Medical records are used to establish your medical history. Usually the ALJs have reviewed the medical records and noted the relevant facts for use at the hearing, rendering detailed testimony about your medical history unnecessary. Due to the 12-month disability requirement, the most important aspects of your disability case history are the plateaus, not the valleys or peaks. A time frame for the testimony regarding the plateaus can be established by your medical history. The nature of your case will affect the degree to which the judge or your Ocala Social Security disability attorney will question you regarding your medical history. Some cases require more development of medical history. These types of cases typically include unusual impairments, the employment of…Read More

Once you have requested a hearing, but before it is actually held, an attorney advisor (who also writes decisions for ALJs) may request supplemental evidence and then conduct an informal prehearing conference, which usually consists of a telephone call to your Ocala Social Security disability lawyer.You may receive a fully favorable decision from the attorney advisor, and if so, the request for a hearing will be dismissed unless you make another request to proceed with the hearing before 30 days have passed after the attorney advisor’s decision. The authority to review an attorney advisor’s decision is held by the Appeals Council and not an ALJ. You have the option of attending the ALJ hearing in person or by video teleconferencing.…Read More