Disability Claims
It is very rare that a Social Security disability claim does not require the testimony of good lay witnesses in order to be successful. Truthful and realistic testimony from a non-expert witness can end up being a major part of the administrative law judge’s decision following your Social Security disability hearing. Selecting the right witnesses is important in ensuring the best possible outcome for you. Your Ocala disability lawyer can help you to decide who would be best. The most common people who serve as lay witnesses are spouses, adult children, relatives, close friends, and sometimes even minor children. As it is not in your best interest to have all of your family members and friends testify, your Ocala disability…Read More
An Ocala disability lawyer can help you prepare for your Social Security disability hearing. If you cannot work, you may be asked about your ability to do the following: Follow instructions; Make decisions in a workplace setting; Deal with supervisors, co-workers, and clients or customers; and React well to changes in your environment. You may be asked about the stresses in your life and how you react to them. It’s not unusual for different people to find different things stressful. Thus, if the administrative law judge asks you about how well you deal with stress, be sure to explain exactly what sorts of things stress you out, especially at work. Many people find it difficult to describe exactly what it…Read More
If you suffer from a physical or mental condition that prevents you from working to support yourself and your family, you may be eligible to receive Social Security disability benefits. The Social Security Administration, or SSA, provides monthly disability benefits to eligible individuals. However, the SSA establishes the criterion for determining whether you are eligible to receive disability benefits. If you feel as though your condition may qualify, discuss the application procedure with an experienced Ocala disability lawyer. An Ocala disability lawyer will review your condition and provide insight into whether she believes you are eligible. Generally, the older the applicant is, the less evidence the applicant will have to show regarding their inability to perform work. For example, if…Read More
Social Security Disability Hearings do not have a standardized procedure, and a large part of how they are conducted is left up to the discretion of the individual Administrative Law Judge. However, you can expect the Administrative Law Judge to give an opening statement. In a typical opening statement, the administrative law judge begins by opening the record, signaling that proceedings will thereupon be officially recorded. The judge will then acknowledge you and your attorney. The judge will state that he is not the same party that previously denied your claim, and will not be considering the justification for the previous denial in making his decision. He will then explain that the Social Security Administration’s official record of the hearing…Read More
At the hearing, you will be serving as primary witness to your disabling condition. Part of your testimony will involve listening and responding correctly to the administrative law judge’s questions. Of course, you should ask for clarification if you are confused, but working with your Ocala disability lawyer prior to the hearing in terms of preparing the facts about your case will go a long way in ensuring that your testimony is confident and persuasive. There is something of an inherent problem with the way in which the judge will ask you questions about your limitations in sitting, standing, lifting, and so forth. Normally, an administrative law judge will ask you the question in a simple fashion while expecting a…Read More
At your Social Security hearing, the administrative law judge will ask you many questions. As you are your own best witness as to your impairment, you need to make sure that you testify well and in detail about your condition. Your Ocala disability attorney will prepare you for testifying at your hearing. One of the things that the administrative law judge will ask you concerns estimating your specific limitations. That is, the judge will want to know how long you are able to sit, how many pounds you are able to lift, how far you are able to walk, and so on. The judge will expect you to offer a genuine estimate of those amounts, so you must think about…Read More
The Social Security Administration bases your disability determination largely on your description of your pain. No matter what level of the application or appeals process you are at, you will need to be able to provide detailed estimates regarding the frequency, duration, and severity of your pain and other symptoms. When describing the frequency of your pain, you must not give vague answer such as “once in a while.” “Once in a while” could mean anything from once a week to once a year. Provide a solid time frame for your estimate: “A few times a week” is much better than “sometimes.” If your pain is irregular, you must take the time to find a way to convey an accurate…Read More
If you have applied for Social Security disability benefits and been rejected, an Ocala disability attorney may be able to help you through the appeal process. This is what happens what you file an appeal for a hearing by the Social Security Administration: The hearing takes place before an Administrative Law Judge, whose role is neutral and non-adversarial. There will not be a lawyer from the Social Security Administration representing the other side. The agency's role is not to try to prove that you are not disabled, but to provide benefits to those who are genuinely disabled and reject those who are not. At the hearing stage, the ALJ will be the one who determines whether you meet the requirements…Read More
Sometimes claimants don’t know how to describe the severity of their impairment if they have good and bad days. Describing what your impairment is like on a bad day might feel like you’re exaggerating because your impairment is not that bad most of the time. Similarly, describing what your impairment is like on a good day might feel like you’re admitting you’re not really that disabled. However, having good and bad days is rather common of most disabilities, and the simple answer to this dilemma is to simply describe both. However, there are a few extra things you need to include in the description of your symptoms if your disability has good and bad days. You will be asked how…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