Disability Claims

If you are called to a disability hearing, the judge will be particularly interested to hear how your condition has affected your ability to perform physical tasks. Your Ocala disability lawyer will be on hand in case issues arise, but the judge will be the one asking questions. The following should help you mentally prepare for the kinds of questions you might be asked. Limitations on Standing and Moving Because your condition must be found to prevent you from being able to work, basic ability to stand or walk around will be an emphasis during questioning. You may be asked: Are you able to walk around unassisted? How long can you remain on your feet before you have to sit?…Read More

If your claim has been denied twice, you will likely be called to appear at a Social Security disability hearing before an administrative law judge. This is one instance in the process when Ocala disability attorneys can prove invaluable. During the hearing, so-called lay witnesses will almost certainly be called to give their account of how your disability has affected your life. These witnesses are generally selected from those individuals who are very close to you. Sample Questions Ocala disability attorneys can help discern which lay witnesses will best support your case. Usually just a select few witnesses are called. Among the questions that might be asked of them are: Physical Limitations Does the claimant have trouble walking? How far…Read More

After all the emotional distress of continued denials which led to a hearing before an administrative law judge, it may seem very unfair that your claim may still be denied, even after it has been approved by the ALJ. While such a case is relatively rare, you would do well to have an Ocala Social Security disability attorney in your corner to assist. The Appeals Council If your claim is denied by the ALJ, you may still have a chance by filing an appeal to the Appeals Council. Conversely, the judge may have granted your claim, only to have it overturned by this very council. Generally this only will occur if some issue with the handling of the hearing is…Read More

Many claimants do not hire an Ocala, Florida disability attorney until they receive a denial. The initial application process is fairly straightforward, but once your claim has been turned down, you may need to consider legal assistance, especially when you are called to attend a hearing. Before the Hearing Consider just what needs to be done to win your claim. What needs to be established, and what evidence needs to be gathered? In a nutshell, this is largely what your Ocala, Florida disability attorney will work on before you attend the hearing. More specifically, he will do the following: Obtain pertinent reports from your treating physician(s) Refer you to a specialist for additional tests Seek an evaluation of your inability…Read More

The Social Security Administration uses a five step sequential process in evaluating disability claims. Ocala, Florida disability attorneys are particularly adept at helping claimants who, for certain reasons, are initially denied benefits. From the outset, however, it is important to note that you must be unable to work any job for at least 12 months to qualify. Non-Disability Requirements SSA has two programs: SSD and SSI. In order to qualify for SSI a claimant must meet specific asset and income requirements. Claimants for SSD, the more usual route for disability claims, must have paid Social Security taxes for a minimum number of quarters to qualify. If you have questions about this or other issues regarding qualification, Ocala, Florida disability attorneys…Read More

The means by which the Social Security Administration decides eligibility are based upon two sets of regulations, the Listing of Impairments and Medical-Vocational Guidelines. An Ocala, Florida Social Security disability attorney can help you to explain on your initial application how you meet these requirements, and assist in appeals if your claim is denied. The Listing of Impairments Generally a person is found disabled by SSA using criteria which include the condition itself, along with a combination of age, education, and what is termed residual functional capacity. If your condition is present in the Listing of Impairments, however, you will be deemed disabled without regard to whether or not you can perform at a job you have held in the…Read More

Claimants are often anxious about the prospects of appearing for their SSD hearing. Be assured, these hearings are not will be by your side. Those Allowed to Be Present Generally the list of individuals present at a disability hearing is short: the administrative law judge, his/her assistant, witnesses, your Ocala, Florida Social Security disability lawyer, and you. If you would like to have someone present as an observer, you will need to gain permission from the judge. Moreover, if you wish that a particular witness not be present during your testimony, you need to make the request to the judge; you should have no problem getting approval for such a request. Presence of Witnesses Not all judges allow witnesses to…Read More

When you meet with your Ocala disability attorney, she will explain to you how the administrative law judge (ALJ) will question a vocational expert (VE) during your hearing. A VE is a person who testifies at your disability hearing on behalf of the Social Security Administration regarding the types of jobs available in your field and howyour limitations affect your ability to carry out your necessary job duties. If your ability to perform your past relevant work is an issue, the ALJ will ask the VE if, hypothetically, a person with your limitations could perform your past relevant job. This means, the ALJ will ask a question framed like this: Can a person [insert your limitations] perform the job of…Read More

One of the most important decisions you will make in the Social Security disability process is to hire an experienced and qualified Ocala disability attorney to represent you. Government statistics show that Social Security claimants who have disability lawyers are more likely to be approved for benefits than those who do not. Why is hiring a competent disability attorney so important? Disability attorneys know exactly what information the Social Security Administration requires to make a decision in your favor and they know how to get it. Disability attorneys are often able to develop the evidence more thoroughly than Social Security staffers who must process a large number of applications with significant time constraints. Disability attorneys know how to prepare their…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