Disability Claims

What will happen at my consultative examination? (continued from Consultative Examinations (Part 2)) The nature and extent of your consultative examination depends on your impairment and what information Social Security decision makers need to decide your claim. You may need to undergo a complete physical examination and battery of tests or you may only need to undergo certain tests, like breathing tests, blood tests, or a stress test, for example. If you have a mental impairment, you may need to undergo an examination and a battery of tests administered by a psychiatrist or psychologist. The Social Security Administration will pay for your consultative exam and testing. You will not be charged. There is no charge to you even if your…Read More

A vocational expert (VE) may be scheduled to testify at your disability hearing. In most cases, the expert is appointed by the administrative law judge, although an Ocala disability lawyer may, in some cases, be able to have a vocational expert testify for the claimant or provide a written opinion. Vocational experts are actually more common at disability hearings than medical experts. Unlike medical experts, VEs vary widely in their experience, knowledge, and prejudices. The primary purpose of the vocational expert is to provide evidence that will enable the administrative law judge to deny the claim, although this may not be the motivation of every judge who appoints a vocational expert. In general, the presence of a vocational expert means…Read More

Who will perform my consultative examination? (continued from Consultative Examinations (Part 1)) If you are asked to undergo a consultative examination, the state disability determination agency will arrange for you to be examined by a practitioner with the appropriate experience and credentials. The consultative examiner is typically a doctor or psychologist in private practice who signs a contract to do the exam and provide a report for your disability file. The state agency will normally try to arrange for you to be examined near your home, but that’s not always possible if the right kind of specialist is not available in your area. It is possible to arrange for your own doctor to perform your consultative exam. However, your doctor…Read More

Persistent low back pain brings many clients to my Ocala disability law firm. Even though chronic lower back pain can be debilitating, these cases are especially challenging. If your back problem does not satisfy a Social Security Administration Listing, your eligibility for benefits will depend on your “residual functional capacity” or “RFC.” RFC is an assessment of what you are capable of doing despite the limitations caused by your low back pain. To determine your RFC, the Social Security Administration will consider both your objective medical evidence (usually X-rays and scans in back injury cases), and your subjective evidence (your testimony and the testimony of your witnesses). Although X-rays, CT scans, and MRI scans can identify spinal abnormalities, they are…Read More

The answer is “maybe.” There is a conflict between the requirements for each program that can make it difficult for some claimants to receive benefits from both for the same time period. To receive Social Security disability benefits, you must be unable to work because of a severe impairment. But to receive unemployment benefits, you must be ready, willing, and able to work. No statute, regulation or ruling says a claimant cannot receive unemployment compensation and Social Security disability benefits for the same period. Nevertheless, administrative law judges have widely different views on this issue. Some judges believe that receiving benefits from both programs is unfair double-dipping. These judges will request that you amend the onset date (the date that…Read More

What is a consultation examination and why do I have to have one? If Social Security decision makers review your file and decide that they need more information about your medical condition before making a decision, they may send you for a consultative examination. A consultative exam is a physical or mental exam that the state disability determination agency arranges for you to undergo. You may be asked to submit to a consultative examination before the initial determination on your claim is made or after you appeal a denial. Here are some common reasons why you might be asked to undergo a consultative examination: • Social Security decision makers need an expert opinion about your condition, but your doctor is…Read More

The Social Security disability hearing is an opportunity for you to appear before an Administrative Law Judge (ALJ) with your Ocala disability lawyer, to prove that you are eligible to receive disability benefits. During the disability hearing, the ALJ may ask you questions regarding your Residual Functional Capacity, or RFC. The Social Security Administration or SSA, uses RFC to determine the type of work you are able to engage in given your medical condition. For this reason, during an Administrative Hearing, it may be necessary to determine how much weight you are able to lift and carry, and if you have any postural or manipulative limitations. For example, the ALJ may ask you to explain whether you can lift and…Read More

Pain is subjective so it is difficult to prove to the ALJ how bad your pain really is. If pain is a significant reason why you are unable to work, your Ocala disability lawyer may ask your spouse, or other witness who knows you very well, to testify about your pain at your Social Security disability hearing. In testifying about your pain, your spouse or other witness must describe in detail his or her observations of how your pain has affected your life.  Testimony that: “My wife can’t work because she has a lot of pain,” won’t do much to help the judge understand how severe your pain is.  Instead, your spouse or other witness should try to describe any…Read More

At your Social Security disability hearing, your Ocala disability lawyer or the Administrative Law Judge will ask your witnesses questions about their observations of you. During the hearing, a witness is under oath and must answer all questions truthfully and completely. Depending on your relationship with the witness, your Ocala disability lawyer may question the witness a variety of topics ranging from your mobility to any physical symptoms the witness has noticed. For example, if you have movement problems, your Ocala disability lawyer may ask your witness to describe any times he or she has seen you have difficulty walking or using your arms and hands. For clarification, your lawyer can ask the witness to estimate how far you would…Read More

Your Ocala disability lawyer may recommend asking family, friends and co-workers to testify on your behalf during your Social Security disability hearing. Having witnesses testify on your behalf can strengthen your case and provide the Administrative Law Judge (ALJ) with additional information and perspective regarding your condition. Before your hearing, your Ocala disability lawyer will meet with any potential witnesses to discuss their testimony, and what a witness can expect during the hearing. At this preliminary interview, your Ocala disability lawyer will assess whether the potential witness will be beneficial to your disability claim and explain to the witness what kind of testimony will be most effective at a Social Security disability hearing. For example, if the witness is a…Read More