Claims

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

Following these six simple steps will help ease your way through the Florida Social Security disability benefits process: See your doctors regularly and cooperate with their treatment plans: The Social Security Administration requires medical evidence to prove you are disabled.  The best way to ensure that you have that evidence is to visit your doctors regularly and to tell them about all your symptoms.  You should see your doctors as directed and comply with their treatment plans because the Social Security Administration expects that your goal is to become healthy again so you can go back to work. Monitor your symptoms: Your symptoms (pain, fatigue, shortness of breath, etc.) and how they affect your daily activities are important indicators of…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

The most important thing your Ocala disability attorney will do for you is prepare you for your testimony. In the best-case scenario, you will be prepared well enough that your Ocala disability attorney will not have to ask many questions and your testimony will feature you speaking in a natural way. After the testimony, however, some important events do occur. Right after you complete your testimony, your Ocala disability lawyer will be permitted to question any witnesses that you have brought with you to the hearing. Bringing at least one witness to your hearing is important in corroborating what you have said, giving details about your disabilities and their effects on you, and/or to offer an alternative point of view…Read More

Applying for Social Security disability benefits can be a long and confusing process. In order to present the very best case for disability benefits before the Social Security Administration, you will need to know what to do and what to avoid. In this article, Ocala disability lawyer CJ Henry will provide some tips on how to proceed with your disability claim. Two huge mistakes you should avoid. First, if you’re initially denied benefits, do not give up. Failing to appeal is one of the biggest mistakes you can make, although it’s not uncommon: over half of disability claimants whose applications are denied fail to appeal for reconsideration, and many who are denied at the reconsideration phase fail to request a…Read More

Return to Step Four. If you do not meet or equal a listing in the Social Security Administration’s Listing of Impairments, but you satisfy Step 4 of the sequential evaluation process (that is, you’re not able to perform past relevant work), you will be found disabled if you are not able to perform other work. In this article, Ocala disability lawyer CJ Henry will explain that Step 5, the final step in the sequential evaluation process, examines your potential ability to perform prevalent work that you haven’t actually done before. Step 5: Are You Still Able to Perform Other Work? In this final step, the Social Security Administration will evaluate whether you are, despite your impairment, still able to adjust…Read More

Return to Step Three. If your impairment does not meet or equal a listing in Social Security’s Listing of Impairments, you may still be found disabled for Social Security disability purposes if you satisfy Steps 4 and 5 in the sequential evaluation process. In this article, Ocala disability lawyer CJ Henry will examine Step 4, which looks at your ability to perform past relevant work. Step 4: Are You Still Able to Perform Past Relevant Work? If the Social Security Administration finds that you’re still able to perform “past relevant work,” it will find you not disabled. Thus, in order to satisfy this step, you must establish that you cannot do any of the work that you performed in the…Read More

Return to Step Two. In this article, Ocala disability lawyer CJ Henry discusses what could be the last step of the sequential evaluation process for the determination of your disability, Step 3. Step 3: Does Your Impairment Meet or “Equal” an Impairment in the Listing of Impairments? Step 3 of the sequential evaluation process for Social Security disability benefits involves determining whether your medical symptoms and findings meet or “medically equal” one set of the medical symptoms and findings that are enumerated in the Social Security Administration’s Listing of Impairments. The Listing of Impairments describes the objective medical criteria for determining disability (that is, whether your impairment is severe enough to preclude you from performing substantial gainful activity). If your…Read More

Return to Step One. In this article, Ocala disability lawyer CJ Henry will explain the next step in the sequential evaluation process, the so-called severity step. Step 2: Do You Have a “Severe” Medically Determinable Impairment? If you’re not engaged in any substantially gainful activity, the Social Security Administration will then determine whether you suffer from a “severe” impairment. If your impairment is slight, then the Social Security Administration will consider it to be “non-severe,” and you will be determined not to be disabled. Almost any decrease in your residual functional capacity (which is the work that you can still do despite your impairment) will satisfy Step 2. The Social Security Administration will look at all evidence, even your subjective…Read More