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At your Social Security hearing, the administrative law judge will ask you many questions. As you are your own best witness as to your impairment, you need to make sure that you testify well and in detail about your condition. Your Ocala disability attorney will prepare you for testifying at your hearing. One of the things that the administrative law judge will ask you concerns estimating your specific limitations. That is, the judge will want to know how long you are able to sit, how many pounds you are able to lift, how far you are able to walk, and so on. The judge will expect you to offer a genuine estimate of those amounts, so you must think about…Read More

The Social Security Administration bases your disability determination largely on your description of your pain. No matter what level of the application or appeals process you are at, you will need to be able to provide detailed estimates regarding the frequency, duration, and severity of your pain and other symptoms. When describing the frequency of your pain, you must not give vague answer such as “once in a while.” “Once in a while” could mean anything from once a week to once a year. Provide a solid time frame for your estimate: “A few times a week” is much better than “sometimes.” If your pain is irregular, you must take the time to find a way to convey an accurate…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

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

One of the ways in which the Social Security Administration finds people to be disabled is through medical-vocational listings. The first step in doing so is figuring out what job-related tasks an applicant is able to do in spite of any impairment. This is known as a residual functional capacity (RFC) assessment. Then, the RFC assessment is used to determine whether the claimant is able to do any significant job that he or she has done in the past fifteen years. If that is not the case, then the Social Security Administration will take the RFC assessment into a work level that has been defined in the Dictionary of Occupational Titles: medium, light, or sedentary. A combination of the claimant’s…Read More

One of the criteria that Social Security Administration sets for being found disabled is having a “medically determinable impairment.” This term just refers to any impairment from a medical condition that is recognized by the medical community and can be diagnosed from objective evidence. Objective evidence can include x-rays, MRIs, or lab results, but it can also include physical tests. Basically, the doctor just needs to be relying on more than just your description of your symptoms to make his diagnosis. That’s not to say that describing your symptoms is not important. Some disabilities, especially those involving ligaments and muscle pain, are impossible to positively identify with objective evidence alone. Your description of your symptoms could point to several “medically…Read More

The Social Security Administration’s official definition of disability includes any impairment that (1) is “medically determinable” (that is, it results from a physical or mental abnormality and is diagnosable using acceptable medical techniques); (2) lasts at least 12 months; (3) prevents the impaired person from performing any past job; and (4) prevents the impaired from working at jobs available to him given his age, education, and work history. The definition also excludes anyone whose impairment is sustained by drug addiction or alcoholism. The Social Security Administration uses this definition to determine eligibility for its two disability benefit programs: Social Security Disability Insurance and Supplemental Security Income. The disability insurance (which is what “Social Security disability benefits” most commonly refer to)…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