Disability Claims

To qualify for Social Security disability benefits if you are under the age of 50, you will likely need to prove you cannot perform most sedentary jobs.  Sedentary work is the physically easiest type of work recognized by the Social Security Administration.  Even so, sedentary jobs require the ability to sit for extended periods and do some walking and standing.  As discussed in the previous post, sitting, walking, and standing limitations can significantly reduce the number of sedentary jobs you can perform. Sedentary jobs also typically require a certain capacity to manipulate objects with the hands and fingers.  Proof that you lack the requisite dexterity can help to establish that there are few sedentary jobs that you can perform. Specifically,…Read More

Standing, walking, and sitting limitations If you are under the age of 50, you will probably need to convince the Social Security Administration that you cannot perform most sedentary jobs to win benefits.  Evidence of limitations in your ability to perform the specific functions required by sedentary work is crucial.  Sedentary jobs require a certain capacity to sit, walk, and stand, among other requirements.  Proof that you lack the minimum capacity to perform these functions can establish that there are few sedentary jobs that you can perform. Standing and walking restrictions For the most part, sedentary work requires the capacity to stand and walk intermittently for a total of two hours of an eight-hour workday. Any significant reduction in your…Read More

After you receive approval for disability benefits from the Social Security Administration, or SSA, you may feel a range of emotions including joy and relief. However, you may also be concerned about whether it will be difficult to continue dealing with the SSA and what you can do to make sure your benefits are not cut off. Generally, your Ocala disability lawyer will inform you that it is easier to deal with the SSA after being approved for benefits than before. The SSA will periodically review your case to determine if you are still disabled and eligible for benefits. So long as you provide the SSA with the information it requests and continue to see your doctor regularly, you should…Read More

As an Ocala disability lawyer, I know that successful claimants are sometimes worried about losing their benefits after a continuing disability review. The Social Security Administration, or SSA, performs continuing disability reviews to ensure that individuals receiving disability benefits are still disabled. The SSA usually performs a continuing disability review of each case every three years, but the SSA may choose to review a case more frequently for a variety of reasons. The Notice of Award that you receive following your initial disability claim approval may inform you regarding when to expect a review of your disability benefits. A continuing disability review requires little effort from you. During a continuing disability review, you complete a form detailing your medical treatment,…Read More

If you receive monthly Social Security disability benefits, you will need to determine whether they are subject to income taxes. Most of my Ocala disability clients do not have to pay income taxes on their disability benefits.  Whether your disability benefits will be taxable depends on your income.  You are mostly likely to have a tax liability if you have income from sources in addition to your disability benefits, or if your spouse earns substantial income. A couple with a combined income of more than $32,000 and an individual with an income of more than $25,000 will pay income tax on a percentage of their Social Security disability benefits. The percentage of benefits subject to tax increases for individuals with…Read More

A common question from claimants after a favorable decision is “When will I be eligible for Medicare?’  Medicare will be available to you after you have received Social Security disability benefits for 24 months. However, if you would like to sign up for Medicare Part B, you must pay a premium that the SSA will deduct from your monthly check. Depending on your income and assets, you might qualify for other programs that will pay for all, or part, of your Medicare premium or medical expenses that are not covered by Medicare. Check with your county welfare department to see if you might qualify for any of these programs. If you have health coverage through a spouse or due to…Read More

Social Security Administration regulations play an important role in determining whether a claimant is disabled.  One group of disability regulations is called the Listing of Impairments (the Listings). The Listings are organized by body systems (e.g., musculoskeletal, respiratory, endocrine) and then by impairments specific to those systems. For example, the Musculoskeletal Listing covers impairments such as spinal disorders, joint dysfunction, amputations, and fractures. The Listing for each impairment consists of specific medical findings characteristic of that impairment.  When a claimant has the medical findings provided in the listing, the SSA says that the claimant “meets the Listings.”  A claimant who meets the Listings will be found disabled.  The SSA will not even look at whether the claimant can do a…Read More

Your credibility is the extent to which your statements regarding your pain can be believed and accepted as true. There are two significant factors that can increase the credibility of your statements concerning your pain: The consistency of your statements to each other and with other information in your case record. All statements made by you regarding your pain that are in your case record will be examined by the Social Security Administration. These include statements made to your doctors that have been recorded in your medical records, statements made in Social Security disability forms and questionnaires that were prepared during the application process, statements made in connection with claims for other types of disability benefits, and testimony at your…Read More

If three requirements are met, the Administrative Law Judge (ALJ) must give your treating doctor’s opinion controlling weight,which means he will adopt your doctor’s opinion regarding the extent of your disability. The three requirements are: The doctor must be an acceptable medical source, The doctor must be a treating source, and The doctor’s opinion must be well supported. Acceptable medical source. Not all health care providers are acceptable medical sources. According to the SSA, the doctor providing the opinion must be a physician (M.D.or D.O.), psychologist, optometrist, a speech language pathogist, or a podiatrist. The opinion of any other type of provider, such as a chiropractor or nurse practitioner, will not be given controlling weight by the SSA, but may…Read More

The Social Security Administration manages two programs that provide benefits based on disability or blindness:  the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. Social Security Disability Insurance (SSDI) SSDI provides benefits to disabled or blind individuals who are “insured” by workers’ contributions to the Social Security trust fund. This program is financed with Social Security taxes paid by workers, employers, and self-employed persons. These individuals have worked recently enough and long enough (normally, 40 quarters of work and disability beginning within 5 years of the qualifying work), to become eligible. SSDI operates like a private Florida disability insurance policy. Your Social Security contributions are based on your earnings and your Social Security taxes are…Read More