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As an Ocala disability lawyer, I have helped many individuals who are self-employed with their Social Security disability applications and appeals. In every case, the Social Security Administration uses a five-step process to determine disability. The first step requires the applicant to prove that he or she is not currently engaged in “substantial gainful activity” (SGA). For most employees, this step is relatively straightforward and involves checking their employment records to see how much they are earning each month.  If the monthly total is below a specified amount ($1010 in 2012), as a general rule, they are not engaged in SGA.  The SGA amounts change every year with changes in the national average wage index. However, any work, regardless of…Read More

You try to work but cannot because of your medical condition. You apply for Social Security disability benefits and are shocked when your claim is denied. Do not let the denial of your claim discourage you. Appeal until you get a hearing before an administrative law judge.  Many claims are denied initially, but then granted after a hearing. It is quite possible that the Social Security Administration made a mistake in denying your claim for disability benefits. In fact, common mistakes found in claims denied by the Social Security Administration and later granted on appeal include: Failing to gather your complete medical records and other medical evidence to establish that you are disabled because your impairment “meets or medically equals”…Read More

An experienced Florida Social Security disability attorney will tell you that the Social Security Administration differentiates between evidence from “acceptable” medical sources and “other” medical sources. You may be surprised to learn that chiropractors appear on the list of “other” medical sources, a list that includes, among others, nurse practitioners and naturopaths. In fact, the administrative law judge hearing your Social Security disability case may consider chiropractic evidence to be the least reliable form of “other” medical source evidence. Accordingly, the judge presiding over your hearing may assign less weight to records from your chiropractor compared to records from other medical sources. Likewise, the judge may give less credibility to your chiropractor’s opinion regarding your impairment. Due to the lack…Read More

Following these six simple steps will help ease your way through the Florida Social Security disability benefits process: See your doctors regularly and cooperate with their treatment plans: The Social Security Administration requires medical evidence to prove you are disabled.  The best way to ensure that you have that evidence is to visit your doctors regularly and to tell them about all your symptoms.  You should see your doctors as directed and comply with their treatment plans because the Social Security Administration expects that your goal is to become healthy again so you can go back to work. Monitor your symptoms: Your symptoms (pain, fatigue, shortness of breath, etc.) and how they affect your daily activities are important indicators of…Read More

If you suffer from a medically determinable physical or mental impairment that prevents you from working, you may be eligible to receive Social Security disability benefits. Obesity is recognized by the Social Security Administration (SSA) as a medically determinable impairment. If obesity makes working difficult or impossible for you, your Ocala disability lawyer may recommend that you file a claim for disability benefits. In reviewing a disability claim based on obesity, the SSA will evaluate what work-related functions a claimant can perform despite the limitations caused by obesity. Obesity can severely limit a claimant’s ability to work for a number of reasons. For example, the obese claimant may have difficulty with job requirements such as walking, standing, sitting, stooping, and…Read More

A vocational expert (VE) may be scheduled to testify at your disability hearing. In most cases, the expert is appointed by the administrative law judge, although an Ocala disability lawyer may, in some cases, be able to have a vocational expert testify for the claimant or provide a written opinion. Vocational experts are actually more common at disability hearings than medical experts.  Unlike medical experts, VEs vary widely in their experience, knowledge, and prejudices.  The primary purpose of the vocational expert is to provide evidence that will enable the administrative law judge to deny the claim, although this may not be the motivation of every judge who appoints a vocational expert.  In general, the presence of a vocational expert means…Read More

What happens if my consultative examination does not go well? (continued from Consultative Examinations (Part 3)) You may be asked to undergo a consultative medical or psychological examination while your claim or appeal for disability benefits is pending. The purpose of the exam is to provide the Social Security disability decision maker with medical evidence about your impairment. Of course, you hope that the doctor will perform a thorough examination and his or her report will support your claim. Unfortunately, sometimes the examination is unsatisfactory and sometimes the results are unfavorable. If the consultative examiner delivers an unfavorable report, there are some things that both you and your Ocala disability attorney can do to counter it. One possible reason for…Read More

If you apply for Social Security disability benefits because of a mental impairment, the Social Security Administration will evaluate your mental “residual functional capacity” (RFC). Mental RFC is your ability to perform basic work-related activities, despite the limitations caused by your mental impairment. If you have experienced a significant loss of ability to perform basic work-related, mental activities, you may qualify for disability benefits. To be capable of performing paid unskilled work, you need to be able to: • Understand, remember, and follow simple instructions. • Make simple work-related decisions. • Respond appropriately to supervisors and co-workers, typical work situations; and changes in the work routine. Your claim for disability benefits may have been denied erroneously because the SSA incorrectly…Read More

If you receive monthly Social Security disability benefits, you will need to determine whether they are subject to income taxes. Most of my Ocala disability clients do not have to pay income taxes on their disability benefits. Whether your disability benefits will be taxable depends on your income. You are mostly likely to have a tax liability if you have income from sources in addition to your disability benefits, or if your spouse earns substantial income. A couple with a combined income of more than $32,000 and an individual with an income of more than $25,000 will pay income tax on a percentage of their Social Security disability benefits. The percentage of benefits subject to tax increases for individuals with…Read More

A common question from claimants after a favorable decision is “When will I be eligible for Medicare?’ Medicare will be available to you after you have received Social Security disability benefits for 24 months. However, if you would like to sign up for Medicare Part B, you must pay a premium that the SSA will deduct from your monthly check. Depending on your income and assets, you might qualify for other programs that will pay for all, or part, of your Medicare premium or medical expenses that are not covered by Medicare. Check with your county welfare department to see if you might qualify for any of these programs. If you have health coverage through a spouse or due to…Read More