Appeal

Sometimes claimants don’t know how to describe the severity of their impairment if they have good and bad days. Describing what your impairment is like on a bad day might feel like you’re exaggerating because your impairment is not that bad most of the time. Similarly, describing what your impairment is like on a good day might feel like you’re admitting you’re not really that disabled. However, having good and bad days is rather common of most disabilities, and the simple answer to this dilemma is to simply describe both. However, there are a few extra things you need to include in the description of your symptoms if your disability has good and bad days. You will be asked how…Read More

If you are considering applying for Social Security disability benefits, an Ocala disability attorney may be able to help you.  Here is some general advice regarding what to do at your hearing before the Administrative Law Judge. The most critical aspect is that you tell the truth at your hearing. Don’t try to second-guess the questions asked by the judge or figure out what the best answer will be to help your case. Be honest about your abilities and limitations, because if the judge suspects that you aren’t telling the truth, you are more likely to lose. In addition, don’t play up your level of pain or disability to try to get more sympathy from the judge. You don’t need…Read More

If you are considering applying for Social Security disability benefits, an Ocala disability attorney may be able to help you.  Here is some general advice regarding what to do at your hearing before the Administrative Law Judge. The most critical aspect is that you tell the truth at your hearing. Don’t try to second-guess the questions asked by the judge or figure out what the best answer will be to help your case. Be honest about your abilities and limitations, because if the judge suspects that you aren’t telling the truth, you are more likely to lose. In addition, don’t play up your level of pain or disability to try to get more sympathy from the judge. You don’t need…Read More

At your disability hearing, you may not be asked any questions about your medical history at all. This is because the judge will have your file on hand, which includes your medical records, and may feel that those records from medical care facilities and professionals speak for themselves. Part of your Ocala disability lawyer’s job is to make sure that all of the records that the judge should see are in the hearing exhibit file. In addition, when necessary, your Ocala disability attorney should request and include in the hearing exhibit file letters from your doctors that explain your medical issues as well as their opinions as to how limited you are. Although you may not be asked any questions,…Read More

A very common misconception people have about Social Security disability is that if you are “disabled,” you are unable to do any job. This is absolutely false. If you think about it, being unable to do any job would be a ridiculous standard. There are jobs that virtually anyone could do. Imagine being in the relatively quiet position of a bridge tender in a low-traffic canal. You would basically do next to nothing until a boat comes along, at which point you would press a button to raise the bridge. The rest of the time, you could by lying in a cot or reclining in a comfortable chair. However, there are only a small number of bridge tender jobs out…Read More

Understanding the process associated with Social Security disability hearings will help to demystify the hearing for you and ensure that you do not experience undue anxiety that might hurt your testimony and, therefore, your case. A qualified Ocala disability attorney will ensure that you are properly prepared for your hearing. Most Social Security disability hearings begin with the administrative law judge reciting the history of your Social Security disability claim as well as stating the issues on which a decision must be made. In many cases, the judge will offer a somewhat generic and broad statement as to how you would be able to be found disabled for Social Security Administration purposes: not being able to perform “substantial gainful activity…Read More

Preparing to testify about your mental limitations can mean very different things depending on the particulars of your case. Your Ocala disability lawyer will be able to provide you more information about how to testify, but this article gives some general principles. Even if you have small-scale mental limitations, the matter still needs to be discussed with your Ocala disability lawyer well in advance of the hearing. If you have both mental limitations and physical impairments, the mental issues are still very important to discuss before the trial. There are some very specific issues that concern those who have both physical and mental issues. Those who have chronic and severe physical problems often develop emotional issues as well. In fact,…Read More

When you will be asked to testify about your educational and work history at your Social Security disability hearing, the judge will want to know about the job duties in your past employment, the job skills that you have, and the educational credentials that you have attained, if any. In terms of past work, you will be asked about the duties for which you were responsible at each position that you have held in the past 15 years. You will be questioned as to how much weight you were required to lift on the job and how much time per workday you had to sit, stand, and walk. Any difficulties that you have had at your former jobs due to…Read More

In deciding whether you qualify for Social Security disability benefits, the Social Security Administration will place great weight on objective medical findings and your treating doctor’s opinion. In this article, Ocala disability attorney CJ Henry will explain why those two elements are so important in the determination of your disability. 1. Objective Medical Findings In your Social Security disability claim, objective findings can play a major role in the evaluation of whether or not you’re disabled. However, if your impairment does not meet or equal an impairment included in Social Security’s Listing of Impairments, the Social Security Administration should not look solely to see if your objective medical findings correspond to its special medical criteria. Even the Social Security Administration…Read More

The Social Security Administration carefully scrutinizes every aspect of your application for Social Security disability benefits. This includes the medical reports, clinical and laboratory test results, and the opinions of your treating doctor. In this article, Ocala disability lawyer CJ Henry explains that, contrary to what you may think, it’s not necessary for you to undergo a functional capacity evaluation, nor must your treating doctor have special expertise to give an opinion as to your capacity for performing work-related activities. You are never required to undergo a functional capacity evaluation. In fact, these tests hardly provide concrete indication of your ability to sustain work activities for 8 hours a day, 5 days a week, and 50 weeks a year. Especially…Read More