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What is a consultation examination and why do I have to have one? If Social Security decision makers review your file and decide that they need more information about your medical condition before making a decision, they may send you for a consultative examination. A consultative exam is a physical or mental exam that the state disability determination agency arranges for you to undergo. You may be asked to submit to a consultative examination before the initial determination on your claim is made or after you appeal a denial. Here are some common reasons why you might be asked to undergo a consultative examination: • Social Security decision makers need an expert opinion about your condition, but your doctor is…Read More

Deposition is one of the last stages of the discovery process before your Marietta personal injury case goes to trial. During deposition, you will be required to testify under oath. This will help the defense attorney in your case determine how you will come across in your testimony at trial; if you perform well, a higher settlement offer could be made. Also, anything you say at your deposition can be used to impeach you at trial if you later testify to something inconsistent with your deposition testimony. Many depositions are videotaped, and there are certain considerations that must be made for a videotaped deposition versus one that is not videotaped. In this article, Marietta personal injury attorney Michael Braun will…Read More

The Social Security disability hearing is an opportunity for you to appear before an Administrative Law Judge (ALJ) with your Ocala disability lawyer, to prove that you are eligible to receive disability benefits. During the disability hearing, the ALJ may ask you questions regarding your Residual Functional Capacity, or RFC. The Social Security Administration or SSA, uses RFC to determine the type of work you are able to engage in given your medical condition. For this reason, during an Administrative Hearing, it may be necessary to determine how much weight you are able to lift and carry, and if you have any postural or manipulative limitations. For example, the ALJ may ask you to explain whether you can lift and…Read More

Pain is subjective so it is difficult to prove to the ALJ how bad your pain really is. If pain is a significant reason why you are unable to work, your Ocala disability lawyer may ask your spouse, or other witness who knows you very well, to testify about your pain at your Social Security disability hearing. In testifying about your pain, your spouse or other witness must describe in detail his or her observations of how your pain has affected your life.  Testimony that: “My wife can’t work because she has a lot of pain,” won’t do much to help the judge understand how severe your pain is.  Instead, your spouse or other witness should try to describe any…Read More

Your Ocala disability lawyer may ask lay witnesses to testify on your behalf at your Social Security disability hearing. A lay witness is a witness who is not an expert in the medical field. While not an expert, a lay witness can still provide strong testimony on a claimant’s behalf by describing any observations the lay witness has noticed regarding the claimant’s condition. Therefore, strong lay witness testimony recounts the witness’s observations, and does not simply offer a conclusion regarding the claimant’s medical condition. The strongest lay witness testimony will provide the Administrative Law Judge (ALJ) with a detailed account of a specific incident the witness observed. For example, suppose the claimant suffers from a breathing problem like asthma, emphysema,…Read More

The Social Security Administration or SSA denies the majority of initial disability applications. A claimant can appeal the disability claim denial by requesting an Administrative Hearing before an Administrative Law Judge, or ALJ. One of the issues during a disability hearing is a claimant’s Residual Functional Capacity, or RFC. The RFC is a claimant’s ability to work after taking into account the claimant’s physical or mental condition. During a disability hearing, as a claimant, you will testify under oath regarding your condition and answer questions posed by the ALJ and your Ocala disability lawyer. Since your RFC is a measure of your working abilities, when answering questions about tasks you can do, you should keep in mind what it would…Read More

At your Social Security disability hearing, your Ocala disability lawyer or the Administrative Law Judge will ask your witnesses questions about their observations of you. During the hearing, a witness is under oath and must answer all questions truthfully and completely. Depending on your relationship with the witness, your Ocala disability lawyer may question the witness a variety of topics ranging from your mobility to any physical symptoms the witness has noticed. For example, if you have movement problems, your Ocala disability lawyer may ask your witness to describe any times he or she has seen you have difficulty walking or using your arms and hands. For clarification, your lawyer can ask the witness to estimate how far you would…Read More

Your Ocala disability lawyer may recommend asking family, friends and co-workers to testify on your behalf during your Social Security disability hearing. Having witnesses testify on your behalf can strengthen your case and provide the Administrative Law Judge (ALJ) with additional information and perspective regarding your condition. Before your hearing, your Ocala disability lawyer will meet with any potential witnesses to discuss their testimony, and what a witness can expect during the hearing. At this preliminary interview, your Ocala disability lawyer will assess whether the potential witness will be beneficial to your disability claim and explain to the witness what kind of testimony will be most effective at a Social Security disability hearing. For example, if the witness is a…Read More

If you suffer from a mental impairment, your Ocala Social Security lawyer or the Administrative Law Judge (ALJ) will question you during your hearing to determine your “mental residual functional capacity.” Your mental RFC is your ability to perform work related tasks, despite your mental condition. For example, during the hearing you may need to answer questions involving your ability to understand and complete instructions. The ALJ or your disability lawyer may ask you if you are able to remember instructions, or if you have any difficulty maintaining concentration for a prolonged period. The Administrative Law Judge may also want to know if you can work independently without constant supervision, or if you need special supervision to complete all tasks.…Read More

If you are applying for Social Security disability benefits, you may need to testify at a Social Security disability hearing before an Administrative Law Judge (ALJ). Your testimony is necessary to provide the ALJ with a complete understanding of your medical condition and how it interferes with your ability to work. One area that the ALJ or your Ocala disability lawyer will question you about is your daily activities. You will probably be asked to describe how you spend your average day. These questions may involve whether you are able to complete routine housework like cooking and cleaning by yourself, or if you need assistance with these tasks. You may be asked about the layout of your home; for example,…Read More