Appeal

When your Ocala Social Security attorney is planning for your Social Security disability hearing, she may consider calling witnesses to testify on your behalf. You will need to testify at your hearing, of course, but the judge may view your statements as more credible if they are supported by the testimony of other people. Your attorney will review the facts and evidence in your case long before trial, and will develop a theory of how you qualify for Social Security disability benefits. Witnesses can serve different purposes depending on what this theory is. Generally, they will be used for one of two things: corroborating your testimony or providing before-and-after testimony about how your disability has affected your activities of daily…Read More

The hearing stage in a Social Security disability benefits claim is perhaps the most important stage in the disability process. It is the first opportunity for the Social Security Administration to question you in person and gauge your credibility. In fact, although most Social Security disability claimants are denied benefits after filing their initial application, those who appeal through the hearing stage are approved more than half of the time. An experienced Ocala disability lawyer can help you improve your chances even more. Your lawyer will provide guidance about the types of questions you are likely to be asked and how to answer them in a way that gives the administrative law judge enough information to find that you are…Read More

- Don't argue your case. Leave that to your Ocala Social Security attorney. All the judge needs to hear from you is how the symptoms of your medical condition limit your daily activities. The factors you might think entitle you to Social Security disability benefits aren't necessarily the factors the judge will consider when deciding if you are disabled. Saying things like, "I'm a good person" or "I have worked my whole life" won't increase your chances of being found disabled. Don't play on the judge's sympathy. - Don't compare yourself to other people. Social Security disability claimants often like to compare themselves to other people, saying things like, "I know someone who has nothing wrong with him, and he…Read More

Sometimes, you can get an extension from the Social Security Administration on the deadline to submit an appeal of the denial of Social Security benefits. To do this, you must show Social Security that there was good cause for missing the deadline. Your Ocala disability lawyer can help you with this process. Send the Social Security Administration your appeal form, as well as a detailed letter explaining why you were late. You may have to also submit an affidavit, depending on what your circumstances are. The Social Security Administration will extend deadlines for “good cause.” In accordance with regulations, the Social Security Administration will consider any circumstances that prevented you from appealing on time; whether Social Security somehow misled you;…Read More

The Social Security Administration’s initial determination of whether you qualify for Social Security disability benefits is not the final word on the subject. In fact, there are four distinct levels where Social Security can evaluate your claim: (1) The initial determination (2) Reconsideration determination (3) A hearing before an administrative law judge (ALJ) (4) Review by the Appeals Council. After review by the Appeals Council, there is yet another channel for review: filing the case in federal court. Keep in mind that you must file your appeal by a certain deadline: for all but one of the levels, there is a 60-day time frame, starting from the date you receive the decision letter. There is a strong presumption that you…Read More

If you have a medical condition that keeps you from working but you have been denied Social Security disability benefits, you should appeal this denial. Statistics show that although most applications for disability benefits are denied, those claimants who appeal their denial through the hearing stage are awarded benefits more often than not. An experienced Ocala Social Security attorney can improve these chances even further. How long do I have to appeal a denial? After you receive your first denial of benefits, you have 60 days to request reconsideration. Few claimants are awarded benefits at the reconsideration stage, so you will probably receive another denial. You will then have another 60 days to request a hearing with an administrative law…Read More

Sometimes a Social Security disability claimant will come to an Ocala disability lawyer worrying about the Social Security disability hearing. Many claimants are physically uncomfortable sitting for long periods of time, and no one wants to be put on trial—especially not for private matters like his or her health. The Social Security Administration recognizes this fact, and they try to make sure that the hearing is a comfortable and low-stress experience compared to a court trial. The hearing will take place in a room that looks more like a conference room than a courtroom. You will not be required to dress formally. Wear comfortable clothes (within reason). If your medical condition necessitates alternating sitting and standing, the administrative law judge…Read More

A Florida Social Security disability hearing is supposed to be less formal than a courtroom trial, though it shares some similarities, and the Social Security Administration will make an effort to make you comfortable. One way in which the low-key nature of a disability hearing versus a court trial is evident is the number of people at the hearing. There will be a minimum of three people, seated at a conference table. You will be present, of course, along with the administrative law judge. The judge will also have an assistant, who may sit at the conference table or at a smaller table nearby. The assistant's job is to make a recording of the hearing, which will be copied to…Read More

A CT technologist at an area hospital applied for benefits under her disability insurance policy that she paid for through payroll deductions. Although she had rotator cuff tear for many years, her employer accommodated her restrictions so that she could continue working. She filed a claim when Fibromyalgia and Chronic Fatigue, combined with her other medical conditions, made it impossible for her to perform the duties of her occupation. As a CT technologist, she needed to be able to walk, bend, stoop, lift and reposition patients and equipments and be ready to respond in an emergency. Unum denied her STD claim, solely on the basis that the condition was work related. Claudeth Henry, of CJ Henry Law Firm, PLLC partnered…Read More

Once your ERISA claim is denied, you can file a federal lawsuit to get your benefits. However, ERISA laws require that you submit an appeal to the plan administrator (or insurance company), within 180 days of the date of the denial letter. If an administrative appeal is not submitted timely, your right to sue will be lost. That does not mean you must rush with a knee-jerk reaction to request a review. You would never think of having a trial on a disability issue without calling witnesses: your doctor, maybe a co-worker, employer, friends, or family who knows you best. Yet, that is exactly what you will do if your appeal is not properly prepared and presented. That is because…Read More