General Blogs

Before spending the time and effort to prepare a Social Security disability claim, you probably want to know whether you are likely to receive any benefits. The following four questions can help you determine whether you are likely to qualify.Read More

The most important thing you can do to improve your chances of being approved for disability benefits is to seek medical care for your impairment. Many claimants make the mistake of not getting medical care because they think it will help their chances. This is wrong; in fact, getting thorough medical records for your disability claim is one of the clearest ways to prove your disability.Read More

Family members, friends, former co-workers, or neighbors may be able to help you qualify for Social Security disability benefits by testifying at your hearing. The Social Security Administration acknowledges that the observations of people who know you can help the ALJ understand how a medical impairment affects your ability to work. There are a number of topics that such a lay witness can testify about at your hearing.  Previously, we mentioned these three: your RFC; the onset date of your disability; your past relevant work. Here are four more: Mental Impairments If you have a mental impairment, such as depression or bi-polar disorder, lay witness testimony can be important in describing your daily activities, ability to function socially, attentiveness, perseverance…Read More

Your Ocala Social Security lawyer may ask your family members, friends, former co-workers or neighbors to testify at your Social Security disability hearing.  These people are called lay witnesses, to distinguish them from expert witnesses, like a doctor or vocational expert. Your Ocala Social Security disability lawyer will get your thoughts on who might be good lay witnesses for your case.  Then your lawyer will talk to these people to see if they are willing to testify and will make good witnesses. Social Security rulings recognize that ALJ’s should consider lay witness testimony. In evaluating lay witness testimony, ALJs are to “consider such factors as the nature and extent of the relationship, whether the evidence is consistent with other evidence,…Read More

If you suffer from a medically determinable physical or mental impairment that prevents you from working, you may be eligible to receive Social Security disability benefits. Obesity is recognized by the Social Security Administration (SSA) as a medically determinable impairment. If obesity makes working difficult or impossible for you, your Ocala disability lawyer may recommend that you file a claim for disability benefits. In reviewing a disability claim based on obesity, the SSA will evaluate what work-related functions a claimant can perform despite the limitations caused by obesity. Obesity can severely limit a claimant’s ability to work for a number of reasons. For example, the obese claimant may have difficulty with job requirements such as walking, standing, sitting, stooping, and…Read More

Deposition is one of the last stages of the discovery process before your Marietta personal injury case goes to trial. During deposition, you will be required to testify under oath. This will help the defense attorney in your case determine how you will come across in your testimony at trial; if you perform well, a higher settlement offer could be made. Also, anything you say at your deposition can be used to impeach you at trial if you later testify to something inconsistent with your deposition testimony. Many depositions are videotaped, and there are certain considerations that must be made for a videotaped deposition versus one that is not videotaped. In this article, Marietta personal injury attorney Michael Braun will…Read More

Sometimes, you can get an extension from the Social Security Administration on the deadline to submit an appeal of the denial of Social Security benefits. To do this, you must show Social Security that there was good cause for missing the deadline. Your Ocala disability lawyer can help you with this process. Send the Social Security Administration your appeal form, as well as a detailed letter explaining why you were late. You may have to also submit an affidavit, depending on what your circumstances are. The Social Security Administration will extend deadlines for “good cause.” In accordance with regulations, the Social Security Administration will consider any circumstances that prevented you from appealing on time; whether Social Security somehow misled you;…Read More

In an ERISA action for wrongful denial of long term disability benefits, United States Magistrate Monte C. Richardson, granted our client’s Motion to compel certain documents and response to interrogatories. Specifically, Judge Richardson ruled that the requested claims evaluation guidelines and training material is directly relevant to whether proper procedures were followed in compiling the record in the instant case, as well as necessary to determining the accuracy of the instant claim. Additionally, the court found that information relating to compensation, bonuses, and awards may be relevant to the existence and extent of a conflict of interest. Finally the court ordered Prudential to produce the servicing agreement between Prudential and MLS Medical Evaluation Services, Inc. in effect at the time…Read More

On Friday, May 1, 2009, the Florida Legislature passed HB 903 which essentially prevents Florida’s injured workers from being able to find an attorney willing to represent them in court to fight the insurance companies that wrongfully deny the benefits needed to recover from injuries. However, there is still hope! The bill is in the process of being sent to Governor Crist. It isn’t too late for you to get involved and ask the governor to veto this harmful and unjust bill. We need you to contact Governor Charlie Crist TODAY!! To reach him by phone, you may contact the Citizen Services Hotline at (850) 488-4441, or you may email the governor at Charlie.Crist@MyFlorida.com Tell Governor Crist to support Florida’s…Read More