Resources

If obesity is a factor in your Social Security disability claim, an experienced Ocala disability attorney can help explain the Social Security Administration's requirements regarding Body Mass Index (BMI) and following prescribed treatments. About Your BMI Obesity is commonly evaluated using the BMI. The BMI gives you a body fat measurement based on both your height and weight. The formula to calculate your BMI is weight in pounds divided by your height in squared inches. That number is then multiplied by 704.5. For example, if you weighed 145 pounds and were 60 inches tall, your BMI calculations are 145/602 x 704.5 = 28.375 or 28.38. According to the National Institutes of Health, if you have a BMI of 25 to…Read More

At your initial interview with an Ocala disability attorney, he or she will use this time to give you a brief education on disability law. Unlike other types of law that use a straightforward or proven approach, the Social Security Administration uses a hypothetical or theoretical approach to disability cases. Capable versus Hirable For the Social Security Administration, disability cases do not focus on whether you are able to secure employment but instead, whether you are capable of performing the tasks necessary to do a job. In other words, your case isn't based on whether or not a potential employer finds you hirable, it is based on whether or not you are capable of performing the job duties if you…Read More

The significance of lay witness testimony to your Ocala Social Security disability case has been recognized by the Social Security Administration and also the courts. The Social Security Administration regulations acknowledge that observations by non-medical sources may help the Social Security Administration understand how a medical impairment affects a claimant’s ability to work. In fact, the Social Security Administration’s definition of “evidence” includes testimony and statements made by lay witnesses about a claimant’s restrictions, daily activities, efforts to work, and other issues.  Here are three important issues that lay witnesses can testify about. Your Residual Functional Capacity In determining whether you are disabled, the Social Security Administration determines your residual functional capacity (RFC), which is a measure of how much…Read More

Ocala Social Security disability claimants frequently name mental disorders as a reason why they cannot work. Not only are mental disorders mentioned as a primary disability, many physical impairment cases include hidden psychological issues. This is because chronic physical impairments often can take a psychological toll. Can you still do unskilled work? Even if you suffer from a mental disorder, chances are that you will be denied Social Security disability benefits if you are able to perform unskilled work, unless you also have physical impairments. This is because the Social Security Administration can point to many jobs that require only unskilled work. However, if you have a marked impairment in any of the abilities required for unskilled work you may…Read More

One of the most important decisions you will make in the Social Security disability process is to hire an experienced and qualified Ocala disability attorney to represent you. Government statistics show that Social Security claimants who have disability lawyers are more likely to be approved for benefits than those who do not. Why is hiring a competent disability attorney so important? Disability attorneys know exactly what information the Social Security Administration requires to make a decision in your favor and they know how to get it. Disability attorneys are often able to develop the evidence more thoroughly than Social Security staffers who must process a large number of applications with significant time constraints. Disability attorneys know how to prepare their…Read More

As a Florida Social Security disability claimant, you will most likely have to testify at a hearing before an administrative law judge.  If I am your Ocala disability attorney, I will spend plenty of time with you before your hearing preparing you to testify.  However, here I want to caution you to avoid making these two common mistakes in your hearing testimony. Don’t attempt to explain the medical issues in your case. Some claimants want to tell the ALJ all about their diagnosis and other medical issues. Testimony like this from you usually does not help your case.  Your Ocala disability lawyer will provide the ALJ with your the medical records, doctors’ reports, and other medical evidence. Therefore, do not…Read More

At your Florida Social Security disability hearing, we will most likely be trying to prove two facts:  (1) that you are unable to perform your “past relevant work;” and (2) that you are unable to perform other jobs considering your remaining work capacity, age, education, and experience. Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it.  Jobs that you had for less than 30 days don’t count.  I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no…Read More

If you are applying or have applied for Florida Social Security disability benefits, you will probably have to testify at a hearing before an Administrative Law Judge (ALJ).  You may be quite anxious, but you needn’t be.  If your hire me as your Ocala Social Security lawyer, I will meet with you before your hearing to provide you with the practical guidance and emotional support that you need. When we meet to prepare for your hearing, we will talk about your impairment and the issues in your disability claim and get you ready to testify. One of my main goals during our meeting is to relieve any worries you may have. You will be a better witness if you are…Read More

Separating mental impairments resulting from addiction from mental impairments not caused by addiction It is particularly helpful to have an experienced disability lawyer assist you with your Florida Social Security disability claim when documented substance use disorders and mental impairments are involved. As an experienced Ocala disability lawyer, I know that these are some of the most complicated and difficult disability claims because it is extremely difficult to differentiate between mental limitations resulting from substance use versus mental limitations resulting from other causes. If you have mental impairments that would diminish sufficiently to allow you to work if you stopped using drugs or alcohol, you will not be disabled. Because of this, the Social Security Administration suggests that the most…Read More

The Social Security Administration will need to determine your mental residual functional capacity or RFC if you have a mental disorder. This involves an evaluation of the extent to which your mental impairment affects your ability to perform work- related activities, including your ability to retain information, concentrate, interact with others and adjust to change. A mental RFC assesses whether you have the capacity for skilled, semiskilled, unskilled, or below unskilled work. Many jobs require only unskilled work. Unskilled work involves uncomplicated tasks that can be learned on the job in a short period of time, usually 30 days or less, and that require little or no judgment on the part of the worker. An example of an unskilled job…Read More