Blog

Ocala, Florida disability lawyers can help you understand the vocational issues that may be involved in your Social Security disability case. The Physical and Mental Demands of the Claimant’s Past Relevant Work Typically, statements by you, the claimant, regarding past work are sufficient for determining the skill level, exertional level and nonexertional demands of your work and a vocational expert (VE) will not be necessary. However, if a VE is present he or she may testify as to the demands of your past relevant work as you actually performed it or as generally performed in the national economy. If a does VE testify, your Ocala, Florida disability lawyers will play an important role in evaluating the impartiality, expertise and professional…Read More

Prior to the hearing, your Ocala Social Security lawyer will interview your witnesses both in an effort to select the best witnesses for your case and to explain to each how their testimony can be most effective. Preparing Witnesses versus Rehearsing Witnesses An experienced Ocala Social Security disability lawyer knows the difference.  Rehearsed testimony tends to be trite and stilted. It is almost impossible to rehearse a witness so that the result will be testimony that does not sound rehearsed. The primary danger is that rehearsed testimony appears less believable and is given correspondingly less weight than spontaneous testimony. The Characteristics of “Good” Testimony The goal of the disability hearing is to present the Administrative Law Judge (ALJ) with the…Read More

The following questions are typical of what the Administrative Law Judge (ALJ) or your Ocala, Florida Social Security disability lawyer may ask you during your SSD hearing if you are impaired by shortness of breath. 1.      What brings on your shortness of breath? Exertion Lung congestion Cardiac chest pain Asthma Weather changes Allergies Stress Panic attacks 2.      Describe how it feels when you experience shortness of breath (Your Ocala, Florida Social Security disability lawyer will develop the specifics of your impairment through follow up questions.) 3.      How often do you experience acute episodes of breathing problems? What are your symptoms during these acute episodes? What brings on these acute episodes? How long does each episode last? 4.      Specific questions How…Read More

A claimant in a disability case has the option to appear before the administrative law judge (ALJ) via video hearing. While this might sound like a good idea at first, there are potential complications your Ocala Florida disability attorney may want to discuss with you. Expert Appearance at Video Hearing In a usual video hearing where the ALJ and the claimant are in different places, The ALJ will decide who will appear by video. Occasionally the ALJ will use an expert who is in his location, while other times the expert might appear from the claimant’s location. In some hearings only the expert or the claimant’s Ocala Florida disability attorney appears by video. The ALJ will use his judgment to…Read More

As an Ocala, Florida Social Security disability attorney understands, although the role of the Administrative Law Judge (ALJ) in a Social Security Administration (SSA) hearing is one of a neutral fact finder, any assumption that there would be great consistency among ALJs in both procedure and findings is incorrect. This disparity exists despite the fact that the SSAs published manual, the Hearings, Appeals and Litigation Manual (“HALLEX,”) sets forth procedures for ALJs to follow in the hearing. What All ALJs Do Per the HALLEX, the ALJ “…looks fully into the issues, questions [the claimant] and the other witnesses, and accepts as evidence any documents that are material to the issues,” and “may receive evidence at the hearing even though the…Read More

As an Ocala Social Security disability attorney can explain, you need not be unable to work ever again to be found disabled. You will be awarded disability benefits if your impairment lasted or will be expected to last for a continuous period of twelve months. (An exception applies if your impairment is expected to result in death. Circumstances Where the Duration Requirement Is Met Impairments that come and go or have short periods of remission, but also have active periods that preclude the claimant’s ability to engage in substantial gainful activity (SGA) on a sustained basis, typically will be found to fulfill the duration requirement. Circumstances where the Duration Requirement Is Not Met Denials based on the failure to meet…Read More

Experienced Ocala Social Security disability lawyers understand that it may be impossible to present live testimony from everyone you may want to testify on your behalf. The time scheduled for the hearing is limited and some witnesses may have schedule conflicts that keep them from attending. When live testimony of a particular witness is not possible, a written statement from the witness is the next best thing. Avoid Using a Generic Letter A skilled disability lawyer will avoid using the stereotyped letter. Letters which in effect state, “I have known Mr. Smith for 15 years; he is a hard worker and needs help because he is disabled,” signed by a dozen or more people may not be of much value…Read More

If you are self-employed and filing for Social Security disability benefits, your Ocala disability attorney will consider your case in terms of the three tests used by the Social Security Administration to determine whether you are engaging in substantial gainful activity (SGA). Determining Substantial Gainful Activity by Significant Services and Substantial Income If during the regular course of your work you provide significant services and earn a higher income than the Administration's SGA guidelines, it may be determined that you are engaging in SGA and your claim will be denied. The SGA Earnings Guidelines for the self-employed are the same as those used for those who work for other people. With regard to services, the Social Security Administration may consider…Read More

There are many things that an Ocala disability lawyer can do to help you present the strongest possible claim for benefits to the Social Security Administration.  In addition to helping you with the tricky paperwork, gathering all your records, and enlisting your doctor to help, your Ocala disability lawyer can: Suggest you undergo further medical analysis. Your Ocala disability attorney may determine that a specialist should evaluate you. This may be because you have symptoms that are not explained by your current diagnosis and that have never been evaluated by the right type of specialist or medical test. Additionally, if your symptoms are inconsistent with your medical records, further evaluation by a specialist may be required to explain the discrepancy.…Read More

When you meet with your Ocala disability lawyer, one of your questions may be whether you can receive Social Security disability benefits and unemployment compensation (UC) benefits at the same time. The answer to that question depends on a variety of circumstances pertaining to your case, including the onset date of your disability and what types of work you still capable of performing despite your impairment. The Onset Date of Your Disability Is Important Your disability onset date is the date you became disabled. Suppose you were laid off from work on the same day as the disability onset date stated on your Social Security disability application. This means that the day you qualify to begin receiving unemployment compensation (UC)…Read More