Claims

In the paragraphs below, an experienced Ocala Social Security disability law office attorney explains the importance of your treatment history. Role of Your Medical Records Medical records document everything you have done in your efforts to cure or improve your condition. They document your symptoms, what your physicians have prescribed or done, your compliance with their instructions and the results of treatment. They also provide documentation for your Ocala Social Security disability lawyer and the ALJ of the existence and severity of the condition that your claim cites as rendering you unable to work. Current and Complete Medical Records You can contribute to the accuracy and completeness of your medical records by implementing the following suggestions: Consult a physician. Your…Read More

One of the most important factors in the Social Security Administration’s (SSA’s) disability determination is whether your statements are consistent. This is precisely why you should consult with a Florida disability lawyer prior to filing your claim and getting adequate help to prepare your application. The disability examiner will evaluate the consistency of your statements in describing your pain and other symptoms in your application for benefits, to your doctors, and to anyone else you speak with. If the disability examiner finds any inconsistent statements, it will be a red flag that you are being untruthful about your medical impairment and/or the extent of your pain and symptoms. As such, your Florida disability lawyer will advise you to be honest…Read More

When you apply for Social Security disability benefits, one of the preliminary factors that the Social Security Administration (SSA) considers in determining whether you are eligible to receive Social Security disability benefits is whether you are engaged in substantial gainful activity. To determine substantial gainful activity, the SSA evaluates the claimant’s wages and the nature of his or her medical condition.  An Ocala, Florida Social Security attorney will help you determine whether you are engaged in substantial gainful activity. What Is Substantial Gainful Activity? Substantial gainful activity is determined by how much the claimant is earning per month while applying for Social Security disability benefits. As of 2013, if a claimant earns more than $1,040 in a month, he or…Read More

As a Florida Social Security disability claimant, you will most likely have to testify at a hearing before an administrative law judge.  If I am your Ocala disability attorney, I will spend plenty of time with you before your hearing preparing you to testify.  However, here I want to caution you to avoid making these two common mistakes in your hearing testimony. Don’t attempt to explain the medical issues in your case. Some claimants want to tell the ALJ all about their diagnosis and other medical issues. Testimony like this from you usually does not help your case.  Your Ocala disability lawyer will provide the ALJ with your the medical records, doctors’ reports, and other medical evidence. Therefore, do not…Read More

To qualify for Florida Social Security disability benefits, you will probably need to prove to the Social Security Administration that you cannot do “past relevant work” (i.e., the easiest job you had in the past 15 years), and cannot adapt to other jobs in light of your age, education, and experience. The first step in determining whether you are capable of adapting to other jobs is to determine your residual functional capacity or RFC.  Your RFC is the most exertion you are capable of despite your impairment.  As we explained in an earlier post, your RFC is expressed in terms of whether you are limited to medium work, light work, or sedentary work. Medical Vocational Guidelines After the Social Security…Read More

Chronic pain can be defined in a number of different ways. It can be continuous, irregular, or intense. It can be pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined. Many Florida Social Security disability clients suffer from chronic pain. However, claimants suffering from chronic pain sometimes have trouble convincing the Social Security Administration that their pain prevents them from working because pain tends to be subjective and difficult to measure. Thus, the Social Security Administration will look at the credibility of the claimant’s description of his or her pain in order to determine if Social Security disability benefits will be…Read More

If you have a medically determinable impairment, that is -- your medical records and doctors’ reports illustrate an underlying physical or mental impairment that could reasonably be expected to cause your pain, the Social Security Administration next evaluates the intensity and persistence of your pain to determine how it limits your ability to perform basic work activities. The Social Security Administration will consider all evidence that has been presented including, but not limited to, your medical history and findings and statements from you, your treating physicians, or other persons, regarding how you are affected by your pain. The Social Security Administration will also consider medical opinions of doctors who have treated or examined you. In addition to objective medical evidence,…Read More

The success of your Florida Social Security disability case may depend on how good a job your Ocala disability attorney does in preparing you to testify.  Your Ocala disability attorney must prepare you to describe details about how your impairment affects your daily activities.  The details you provide in your testimony can often what tips the decision in your favor. At your hearing, the administrative law judge will ask you about your activities. If you testify that you can perform a wide range of activities (walking, shopping, laundry, gardening, cooking and cleaning, going on vacations, etc.), the judge may find that you are not disabled because you are able to do too much. Even though it may initially appear that…Read More

If you are not yet 50 years old, you will very likely need to convince the Social Security Administration that you can’t do most sedentary jobs in order to obtain benefits. Limitations in your ability to stand, walk, sit, and use your hands and fingers, as discussed in the preceding posts, may establish that you cannot do sedentary work.  Other limitations that can be important in proving your inability to perform sedentary work include visual limitations, environmental restrictions, and various other medical conditions. Visual limitations Working with small objects is required in most sedentary unskilled occupations. The number of sedentary jobs you can do will be significantly reduced if you have a visual limitation that prevents you from seeing small…Read More

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