Claims

Return to overview. Step 1: Are You Engaged in Substantial Gainful Activity? The first step in the sequential evaluation process is determining whether you’re engaging in substantial gainful activity. To fall into this category, the work must be both “substantial” and “gainful.” It entails doing “significant physical or mental activities.” Meaning of “substantial” Work you do is not considered to be substantial when: You do not have the capacity to perform “ordinary or simple tasks satisfactorily without more supervision or assistance than is usually given other people doing similar work”; or You are engaging in work that requires “minimal duties that make little or no demands” on you and is actually of “little or no use” to either your employer…Read More

General Overview of the Sequential Evaluation Process If you apply for Social Security disability benefits, the Social Security Administration will undergo a five-step sequential evaluation process in order to determine whether you’re disabled and thus qualified for disability benefits. If, at any step, the Social Security Administration determines that you’re either disabled or not disabled, then it stops the evaluation, and there’s no further proceeding to the next step. The five steps for determining disability are: You are not doing any “substantial gainful activity” (SGA); and You suffer from a “severe” medically determinable impairment; and This impairment meets or “equals” an impairment that is listed in Social Security’s “Listing of Impairments”; or Taking into account your “residual functional capacity” (RFC),…Read More

The Social Security Administration (SSA) allows you to apply for disability benefits online, via phone, or by visiting a physical office. You can apply for Social Security Disability online at www.socialsecurity.gov/applyfordisability/adult.htm. Though you cannot apply online for Social Security’s other disability program, Supplemental Security Income, you are able to fill out one of the necessary supporting documents (the Adult Disability and Work History Report) online. Applying for Social Security disability benefits by phone requires first calling SSA at 1-800-772-1213. You will not complete your application the first time you call. You will talk with a Social Security representative to arrange a day and estimated time for you to expect a phone call from someone else at the Social Security office.…Read More

When your Ocala Social Security attorney is planning for your Social Security disability hearing, she may consider calling witnesses to testify on your behalf. You will need to testify at your hearing, of course, but the judge may view your statements as more credible if they are supported by the testimony of other people. Your attorney will review the facts and evidence in your case long before trial, and will develop a theory of how you qualify for Social Security disability benefits. Witnesses can serve different purposes depending on what this theory is. Generally, they will be used for one of two things: corroborating your testimony or providing before-and-after testimony about how your disability has affected your activities of daily…Read More

The hearing stage in a Social Security disability benefits claim is perhaps the most important stage in the disability process. It is the first opportunity for the Social Security Administration to question you in person and gauge your credibility. In fact, although most Social Security disability claimants are denied benefits after filing their initial application, those who appeal through the hearing stage are approved more than half of the time. An experienced Ocala disability lawyer can help you improve your chances even more. Your lawyer will provide guidance about the types of questions you are likely to be asked and how to answer them in a way that gives the administrative law judge enough information to find that you are…Read More

- Don't argue your case. Leave that to your Ocala Social Security attorney. All the judge needs to hear from you is how the symptoms of your medical condition limit your daily activities. The factors you might think entitle you to Social Security disability benefits aren't necessarily the factors the judge will consider when deciding if you are disabled. Saying things like, "I'm a good person" or "I have worked my whole life" won't increase your chances of being found disabled. Don't play on the judge's sympathy. - Don't compare yourself to other people. Social Security disability claimants often like to compare themselves to other people, saying things like, "I know someone who has nothing wrong with him, and he…Read More

Sometimes a Social Security disability claimant will come to an Ocala disability lawyer worrying about the Social Security disability hearing. Many claimants are physically uncomfortable sitting for long periods of time, and no one wants to be put on trial—especially not for private matters like his or her health. The Social Security Administration recognizes this fact, and they try to make sure that the hearing is a comfortable and low-stress experience compared to a court trial. The hearing will take place in a room that looks more like a conference room than a courtroom. You will not be required to dress formally. Wear comfortable clothes (within reason). If your medical condition necessitates alternating sitting and standing, the administrative law judge…Read More

A Florida Social Security disability hearing is supposed to be less formal than a courtroom trial, though it shares some similarities, and the Social Security Administration will make an effort to make you comfortable. One way in which the low-key nature of a disability hearing versus a court trial is evident is the number of people at the hearing. There will be a minimum of three people, seated at a conference table. You will be present, of course, along with the administrative law judge. The judge will also have an assistant, who may sit at the conference table or at a smaller table nearby. The assistant's job is to make a recording of the hearing, which will be copied to…Read More

Once your ERISA claim is denied, you can file a federal lawsuit to get your benefits. However, ERISA laws require that you submit an appeal to the plan administrator (or insurance company), within 180 days of the date of the denial letter. If an administrative appeal is not submitted timely, your right to sue will be lost. That does not mean you must rush with a knee-jerk reaction to request a review. You would never think of having a trial on a disability issue without calling witnesses: your doctor, maybe a co-worker, employer, friends, or family who knows you best. Yet, that is exactly what you will do if your appeal is not properly prepared and presented. That is because…Read More

If you've been denied ERISA Disability Insurance benefits in Ocala, Florida, Claudeth Henry of C J Henry Law Firm can help. Most people pay insurance premiums for years, believing the benefits will be there when they need it. Unfortunately, this is not always the case. In fact, recently there has been a rash of disability claim denials on the initial application for benefits. It seems that the insurance carrier will find any technicality to deny benefits. Fortunately, an experienced ERISA disability lawyer can help navigate the complexities of these federal claims to get you the benefits you paid for.Read More