Discrimination

At your Florida Social Security disability hearing, we will most likely be trying to prove two facts:  (1) that you are unable to perform your “past relevant work;” and (2) that you are unable to perform other jobs considering your remaining work capacity, age, education, and experience. Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it.  Jobs that you had for less than 30 days don’t count.  I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no…Read More

Separating mental impairments resulting from addiction from mental impairments not caused by addiction It is particularly helpful to have an experienced disability lawyer assist you with your Florida Social Security disability claim when documented substance use disorders and mental impairments are involved. As an experienced Ocala disability lawyer, I know that these are some of the most complicated and difficult disability claims because it is extremely difficult to differentiate between mental limitations resulting from substance use versus mental limitations resulting from other causes. If you have mental impairments that would diminish sufficiently to allow you to work if you stopped using drugs or alcohol, you will not be disabled. Because of this, the Social Security Administration suggests that the most…Read More

Did you know that some insurance companies blatantly discriminate against the mentally ill? Many group disability policies limit the amount of benefit they will pay if the person’s disability is caused by, or related to, a mental illness. Amazingly, some Judges have decided that this type of discrimination against the mentally ill in long-term disability policies is okay. Just think about it – what usually happens to an individual who becomes ill and unable to work? You guessed it - they become depressed. The insurance company loves to see depression mentioned in the medical record. This way they can cut their losses. They also love to see cognitive impairments in your records as well. This can result from a brain…Read More