General Blogs
If your employer’s insurance plan has denied your disability claim, your head is likely spinning with confusion. While ERISA disability claims regulations are designed to ensure that your needs are met, they can be very complex and make it difficult to obtain the insurance that you need and deserve. The Employee Retirement Income Security Act of 1974 was a piece of landmark legislation passed with the goal of protecting the benefits of workers in the USA. Since passed, there have been new ERISA regulations for disability claims and appeals added throughout the years. While the landscape of ERISA laws continues to evolve, the needs of individuals filing disability claims tend to remain the same. ERISA disability lawyer Claudeth Henry is…Read More
A crucial part of qualifying for Social Security disability benefits has to do with what is known as your “past relevant work.” A Social Security Disability Attorney in Ocala can help you evaluate your own claim and determine whether you can meet this test in order to qualify for benefits. It is possible to be found disabled at Step 3 of the Sequential Evaluation Process (the Listing of Impairments). However, if you are not found disabled at this step, your claim will move on to Step 4, where you and your Ocala Social Security Disability Lawyer must prove that you are unable to perform your “past relevant work.” This is a difficult step for many. Under Social Security regulations, “past…Read More
Social Security disability claim attorney width. At your disability hearing, the judge will want to know about the limitations caused by your impairment. Below, your Ocala social security disability lawyer explains the types of questions to expect. Alternating Positions Questions The judge will want to know about your ability to go between sitting and standing, as well as how frequently you must stand if you have been sitting and vice versa. If you are unable to get through an entire eight hour work day, let the judge know your limit. If you are given an opportunity to stand while working at a bench, the judge will want to know if your ability to do so is dependent upon the height of the…Read More
Testimony from coworkers or company representatives can either help or harm your case. Your Florida disability lawyer can show you the difference between good and poor testimony. Co-worker testimony Poor: (Client) can’t work a power sewing machine. It’s too hard. Better: (Client) worked the sewing machine next to mine at the clothing factory. Other than two 15-minute breaks and a half-hour for lunch, we sit all day. Working the machine takes both hands and one foot. The finished pieces we lift and carry weigh as much as 20 pounds, and we have to make quota. Coordination and vision have to be good. (Client) can’t handle the job if she can’t keep up. Poor: I’m the HR director for this company. (Client) did her best, but…Read More
Social Security Disability Attorney width="242". When preparing to testify in a social security disability hearing, a disability lawyer in Ocala will provide a client with tips on giving effective testimony. Do Not Rehearse, but Do Explain Ambiguities Your testimony should not sound rehearsed, so it will be prepared for in a gradual way. The attorney will listen to what you're saying and will point out aspects that must be explained more deeply. It is possible that you will be sitting with your disability lawyer in Ocala for a half-hour or more. This might seem to contradict your statement that you can only sit for 15 minutes. The ambiguous nature of the question of how long you're able to sit lends itself to some…Read More
If you are receiving disability benefits, SSA will occasionally review your case. Your Social Security lawyer in Ocala will explain that these reviews usually occur every three years, but the SSA will sometimes conduct them more frequently. Before Review Your Social Security attorney in Ocala will advise you that it is of utmost importance to stay current with your treatment. Your doctors’ records are what serve as medical evidence of an ongoing disability for SSA. Your Role If your case is going to be reviewed by SSA, it is wise to speak with your Social Security lawyer in Ocala about what to expect. You will be required to give information about your current treatment and work status. If there have been any…Read More
If you are filing an SSI claim on behalf of your child, an Ocala disability lawyer wants you to know that your child’s ability to function is a reason for qualification. Unlike in adult cases, a child’s ability to function will help in awarding benefits. The Social Security Administration (SSA) will use the following domains in its assessment: Attending and completing tasks How your child interacts and relates with others How your child manipulates and moves objects The use and acquisition of information How the child cares for you Your child’s health and physical well-being This assessment is then compared to the function of other children the same age as your child. An Ocala disability attorney knows that the main…Read More
A key component in determining your eligibility to collect disability benefits is a review of your residual functional capacity and your ability to adapt to new, unskilled work. An Ocala Florida Social Security disability attorney can tell you that this is important as an ability to perform such work may invalidate your claim for benefits. Unskilled Work Explained Generally, an Ocala Florida Social Security disability attorney can explain to you that unskilled work involves performing simple duties that can be learned on the job in a relatively short time (typically 30 days or less). Unskilled work also usually requires little or no judgment. An Ocala Florida Social Security disability attorney will tell you that if you have the mental ability to perform…Read More
Making a positive first impression is key to earning a favorable ruling in your Social Security Disability benefits hearing. Although there is no guarantee of an outcome, you can benefit from the experience that your Ocala Florida social security disability lawyer will be able to share. They've been through this process many times. Along with your presentable appearance, you'll also want to utilize the following tips.Read More
A Florida disability attorney is always told, "Don't ask a question that you don't already know the answer to." You can apply that same principle to your disability claim hearing. Before testifying, you'll be able to review with your Florida disability attorney the three main areas of concern with regard to your testimony. That way you should be ready with the answer to any question.Read More