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Sedentary work is the least physically demanding type of work recognized by the Social Security Administration. Most applicants for Florida Social Security disability benefits who are under the age of 50 and can speak and read English will need to prove that they are unable to perform a wide range of sedentary work in order to qualify for disability benefits. What is sedentary work? The Social Security Administration generally defines sedentary work as work that requires: Lifting no more than 10 pounds at a time; Occasionally lifting or carrying articles like docket files, ledgers, and small tools; Periods of standing or walking that generally total no more than about 2 hours of an 8-hour workday; Periods of sitting that generally…Read More

To qualify for Social Security disability benefits if you are under the age of 50, you will likely need to prove you cannot perform most sedentary jobs.  Sedentary work is the physically easiest type of work recognized by the Social Security Administration.  Even so, sedentary jobs require the ability to sit for extended periods and do some walking and standing.  As discussed in the previous post, sitting, walking, and standing limitations can significantly reduce the number of sedentary jobs you can perform. Sedentary jobs also typically require a certain capacity to manipulate objects with the hands and fingers.  Proof that you lack the requisite dexterity can help to establish that there are few sedentary jobs that you can perform. Specifically,…Read More

A common question from claimants after a favorable decision is “When will I be eligible for Medicare?’  Medicare will be available to you after you have received Social Security disability benefits for 24 months. However, if you would like to sign up for Medicare Part B, you must pay a premium that the SSA will deduct from your monthly check. Depending on your income and assets, you might qualify for other programs that will pay for all, or part, of your Medicare premium or medical expenses that are not covered by Medicare. Check with your county welfare department to see if you might qualify for any of these programs. If you have health coverage through a spouse or due to…Read More

Your credibility is the extent to which your statements regarding your pain can be believed and accepted as true. There are two significant factors that can increase the credibility of your statements concerning your pain: The consistency of your statements to each other and with other information in your case record. All statements made by you regarding your pain that are in your case record will be examined by the Social Security Administration. These include statements made to your doctors that have been recorded in your medical records, statements made in Social Security disability forms and questionnaires that were prepared during the application process, statements made in connection with claims for other types of disability benefits, and testimony at your…Read More

If three requirements are met, the Administrative Law Judge (ALJ) must give your treating doctor’s opinion controlling weight,which means he will adopt your doctor’s opinion regarding the extent of your disability. The three requirements are: The doctor must be an acceptable medical source, The doctor must be a treating source, and The doctor’s opinion must be well supported. Acceptable medical source. Not all health care providers are acceptable medical sources. According to the SSA, the doctor providing the opinion must be a physician (M.D.or D.O.), psychologist, optometrist, a speech language pathogist, or a podiatrist. The opinion of any other type of provider, such as a chiropractor or nurse practitioner, will not be given controlling weight by the SSA, but may…Read More

The Social Security Administration manages two programs that provide benefits based on disability or blindness:  the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. Social Security Disability Insurance (SSDI) SSDI provides benefits to disabled or blind individuals who are “insured” by workers’ contributions to the Social Security trust fund. This program is financed with Social Security taxes paid by workers, employers, and self-employed persons. These individuals have worked recently enough and long enough (normally, 40 quarters of work and disability beginning within 5 years of the qualifying work), to become eligible. SSDI operates like a private Florida disability insurance policy. Your Social Security contributions are based on your earnings and your Social Security taxes are…Read More

If your initial application for Florida Social Security disability benefits is denied, your denial letter is a key piece of the puzzle that will assist your Ocala disability lawyer in pursuing your appeals. Make sure to save all your denial letters and show them to your Social Security attorney. Your denial letter contains important information that will help your Ocala Social Security disability attorney determine whether your claim for disability benefits was denied in error and, if that is the case, how best to address that error on appeal. For example, your denial letter may say that your Florida Social Security disability claim was denied because you are able to “engage in normal activities.”  This is Social Security’s way of…Read More

As an experienced Florida Social Security disability lawyer, I suggest that you keep at least one symptom diary to assist you in obtaining disability benefits in Florida. What is a symptom diary? A symptom diary can come in many written forms: notebook, journal, wall calendar, chart, or spreadsheet. Routinely recording the nature (frequency, duration, intensity, etc.) of your symptoms and the impact of your symptoms as they occur will serve as your “symptom diary.” For example, pain is a disabling symptom of many impairments that result in Social Security benefits for Florida disability claimants. A pain diary will allow you to track your pain on a daily basis including where the pain localized, the intensity of the pain on a…Read More

As an Ocala disability lawyer, I have helped many individuals who are self-employed with their Social Security disability applications and appeals. In every case, the Social Security Administration uses a five-step process to determine disability. The first step requires the applicant to prove that he or she is not currently engaged in “substantial gainful activity” (SGA). For most employees, this step is relatively straightforward and involves checking their employment records to see how much they are earning each month.  If the monthly total is below a specified amount ($1010 in 2012), as a general rule, they are not engaged in SGA.  The SGA amounts change every year with changes in the national average wage index. However, any work, regardless of…Read More

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