Disability Claims

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

A very common misconception people have about Social Security disability is that if you are “disabled,” you are unable to do any job. This is absolutely false. If you think about it, being unable to do any job would be a ridiculous standard. There are jobs that virtually anyone could do. Imagine being in the relatively quiet position of a bridge tender in a low-traffic canal. You would basically do next to nothing until a boat comes along, at which point you would press a button to raise the bridge. The rest of the time, you could by lying in a cot or reclining in a comfortable chair. However, there are only a small number of bridge tender jobs out…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

Understanding the process associated with Social Security disability hearings will help to demystify the hearing for you and ensure that you do not experience undue anxiety that might hurt your testimony and, therefore, your case. A qualified Ocala disability attorney will ensure that you are properly prepared for your hearing. Most Social Security disability hearings begin with the administrative law judge reciting the history of your Social Security disability claim as well as stating the issues on which a decision must be made. In many cases, the judge will offer a somewhat generic and broad statement as to how you would be able to be found disabled for Social Security Administration purposes: not being able to perform “substantial gainful activity…Read More

An Ocala disability lawyer will inform you that there are two similarities between state agency decisions about your Social Security disability claim and decisions made by Administrative Law Judges (ALJs): Disability decisions cannot be inconsistent with medical evidence; Listing of Impairments is a critical factor in determining disability. But important differences exist as to how each agency will make that determination: States typically do not consider anything other than the medical file and your Listing of Impairments. Impairments, if listed, meet federal disability guidelines. If not, the state agency has a pre-determined formula to determine your Residual Functional Capacity (the tasks you can actually perform). The vast majority of state agencies treat claimants with similar medical conditions identically, despite individual…Read More

Preparing to testify about your mental limitations can mean very different things depending on the particulars of your case. Your Ocala disability lawyer will be able to provide you more information about how to testify, but this article gives some general principles. Even if you have small-scale mental limitations, the matter still needs to be discussed with your Ocala disability lawyer well in advance of the hearing. If you have both mental limitations and physical impairments, the mental issues are still very important to discuss before the trial. There are some very specific issues that concern those who have both physical and mental issues. Those who have chronic and severe physical problems often develop emotional issues as well. In fact,…Read More