Appeal

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

You can appeal the denial of your application for Social Security disability benefits at an Administrative Hearing. During the Administrative Hearing, you will testify under oath before an Administrative Law Judge, or ALJ. Both the ALJ and your Ocala disability lawyer can ask you questions about you medical condition. For example, to determine what type of work, if any, you can engage in, you will answer questions about your Residual Functional Capacity, or RFC. RFC is the ability you retain to work despite your medical impairment.  Your RFC helps the ALJ can gain an understanding about what physical activities you can engage in on a daily basis. If sitting throughout an 8-hour workday is a problem for you, the ALJ…Read More

If you received a Social Security disability claim denial, you can appeal the denial at a disability hearing. During a Social Security disability hearing, you will testify before an Administrative Law Judge (ALJ) about your medical condition. The ALJ and your Ocala disability lawyer can ask you questions about your condition, including how the condition affects your ability to engage in substantial gainful activity. If you suffer from fatigue and it affects your ability to maintain a job and complete routine tasks, describe the fatigue so that the ALJ can gain a better understanding of why the fatigue makes you eligible to receive Social Security disability benefits. Both the ALJ and your Ocala disability lawyer can question you during the…Read More

If you suffer from shortness of breath, it is important to describe this condition accurately to an Administrative Law Judge (ALJ) during your Social Security disability hearing. During the disability hearing, your Ocala disability lawyer and the ALJ will ask you questions regarding your condition. These questions help an ALJ achieve a better understanding of your medical condition and why you are eligible to receive Social Security disability benefits. You will testify under oath during the hearing, and must answer all questions completely. First, your Ocala disability lawyer or the ALJ will ask you questions related to what causes your shortness of breath. Many things can cause shortness of breath including allergies, stress, and lung congestion. Next, the ALJ or…Read More

In a Social Security disability hearing, the Administrative Law Judge, ALJ, or your Ocala disability lawyer will ask you questions related to your past work experience to determine what kind of work you used to perform and whether you are still capable of performing it. Generally, the SSA considers “past relevant work” to be substantial gainful activity within the last 15 years. You can expect the ALJ and your attorney to ask you the same questions for each job that you have held within the last 15 years. First, an ALJ or your Ocala disability lawyer will question you about the job’s background information. For example, it is important to know the name of the job, the employer and how…Read More

An Administrative Hearing for a disability benefit appeal is a private hearing. An Administrative Law Judge, or ALJ, oversees an Administrative Hearing and will be present in addition to a judge’s assistant. A judge’s assistant will operate a tape recorder to capture all testimony during the hearing. You and your Ocala disability attorney will be present in the hearing room in addition to any witnesses that either you or the ALJ has requested to testify in the hearing. Observers can be present in an Administrative Hearing room at the approval of both the claimant and the ALJ. During the claimant’s testimony, some ALJ’s allow witnesses to be present in the hearing room, while other ALJ’s request that witnesses wait outside…Read More

If you receive an unfavorable decision from the Social Security Administration, or SSA, regarding your disability benefit application, you can appeal the decision by requesting an Administrative Hearing. During an Administrative Hearing, an Administrative Law Judge, or ALJ, hears evidence regarding the claimant’s medical condition. An Administrative Hearing can be in person or by video conference with the ALJ at one location and the claimant and his or her attorney at a different location. If the hearing is by video conference, unique problems may arise. For example, an ALJ can ask an expert witness to testify regarding the claimant’s condition or ability to find employment. The expert may be at the same location as the ALJ, making it difficult for…Read More

If you have a medical condition that impacts your ability to work, you may be eligible to receive disability benefits. The Social Security Administration, or SSA, denies the majority of disability applications that the SSA receives. However, an Ocala disability lawyer will help you appeal a disability denial. If you appeal a Social Security disability benefit denial, you can request an Administrative Hearing before an Administrative Law Judge, or ALJ. In most Administrative Hearings, the claimant appears before the ALJ in person to explain to the ALJ why the claimant should receive disability benefits. However, the SSA encourages claimants to conduct their disability hearings by video. A video hearing has both advantages and disadvantages. Generally, claimants, ALJs, and experts do…Read More

Applying for Social Security disability benefits can be a frustrating and time-consuming experience. The Social Security Administration, or SSA, provides monthly disability benefits to individuals who have a mental or physical impairment that prevents them from maintaining a job. However, the SSA denies the majority of disability benefit applications. Fortunately, you can appeal the SSA’s denial if you disagree with the SSA’s determination regarding your condition. First, you can request a reconsideration of your application. If your application is denied after the request for reconsideration, you can request an Administrative Hearing before an Administrative Law Judge, or ALJ. The Administrative Hearing is an informal hearing, which usually occurs in a room similar to a conference room. You and your Ocala…Read More

If you have applied for Social Security disability benefits and been rejected, an Ocala disability attorney may be able to help you through the appeal process. This is what happens what you file an appeal for a hearing by the Social Security Administration: The hearing takes place before an Administrative Law Judge, whose role is neutral and non-adversarial. There will not be a lawyer from the Social Security Administration representing the other side. The agency's role is not to try to prove that you are not disabled, but to provide benefits to those who are genuinely disabled and reject those who are not. At the hearing stage, the ALJ will be the one who determines whether you meet the requirements…Read More