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CJ Henry Law Firm, PLLC

Social Security Disability

  • Published: April 24, 2014

In this short blog, an Ocala Social Security disability law firm attorney discusses what might be expected of you if your hearing testimony involves mental impairment. Your Residual Functional Capacity If you have applied for Social Security disability citing a mental impairment and your application was not accepted, it could be because your mental RFC was incorrectly assessed. Your Ocala Social Security disability attorney will demonstrate the degree to which your condition limits you by asking you a number of questions. The administrative law judge may also request information from you. The questions may include but are not limited to the following: 1. Implementing simple directions, performance on the job: Are you able to: Recall specific places and remember how…Read More

  • Published: April 24, 2014

The Social Security disability process is complex and government statistics show that when individuals who have an attorney, like one from an Ocala Social Security disability law firm, they are more likely to be approved than individuals who do not have legal counsel. Reasons Why Attorneys Help There are several reasons why an Ocala Social Security disability law firm can be helpful during this process. One such reason is that a disability lawyer is aware of the information that the Social Security Administration needs in order to make a favorable decision on your behalf. They also know how to gather this information. An Ocala Social Security disability law firm can also help develop this evidence in a more complete fashion.…Read More

  • Published: April 17, 2014

In the following paragraphs, an Ocala Social Security disability claims attorney answers the question of whether or not it is possible to receive both unemployment compensation and Social Security disability benefits at the same time. Importance of the Onset Date This date, which marks the day when your impairment first manifested itself, is crucial to determining whether or not you are eligible for both programs. The other factor to be considered is the various kinds of work that might suit your abilities. The onset date has significance because if you state on your application that you were impaired on the same day you began receiving unemployment benefits after your employer laid you off, there is an inherent conflict. By submitting…Read More

  • Published: April 17, 2014

There is more to establishing your eligibility for Social Security disability than your medical condition alone. An Ocala Social Security disability claims lawyer addresses some of these requirements in the paragraphs below. You Must Pay In In order to qualify for Social Security disability, more is required than a medical impairment. You must also have contributed to the system long enough to be “fully insured,” and your payments must be sufficiently current to maintain your disability insured status. Your Ocala Social Security Disability Benefits Attorney Illustrates Eligibility Like a health or life insurance policy, the Social Security disability program requires that you pay premiums in the form of Social Security taxes. This is the money that is taken out of…Read More

  • Published: April 10, 2014

Social Security disability is not simply a matter of asking whether you are able to perform any work at all. The Social Security regulations provide for somewhat different criteria depending on the age of the claimant as your Ocala Social Security disability attorney will tell you. The general requirement for most claimants is that must prove they can no longer perform their past work or any other work. However, the claimant’s age comes into play when asking this question. The rules become more lenient for claimants 55 or over. What If I Am Over 55? The SSA uses a set of rules known as the Medical-Vocational Guidelines to make disability determinations, which your Ocala Social Security Disability Attorney can explain…Read More

  • Published: April 10, 2014

An Ocala Social Security disability law firm is used to getting a number of questions regarding benefits and the application process. Here are some of the common questions that this Ocala Social Security disability law firm receives. When Will I Begin Receiving Benefits? After being approved for benefits, most claimants can expect to receive regular monthly benefits the month after they receive their check for past-due benefits. In some cases, claimants receive their first check for monthly benefits before they receive the past due benefits. Claimants typically receive their funds on the second, third or fourth Wednesday of every month. The timing depends on the day that you were born. The check provides payment for benefits of the previous month,…Read More

  • Published: April 10, 2014

An Ocala Social Security disability lawyer will explain each step of the claims process. One important aspect is the Medical-Vocational grids. The Social Security Administration utilizes these grids to determine if the applicant is disabled. This is the time in the process when the applicant's age, education and past work experience are taken into consideration. Age Grid There are four categories for ages on the Medical-Vocational Guidelines. These include: Individuals who are between the age of 60 and 64; Individuals who are between the age of 55 and 59; Individuals who are between 50 and 54 years of age; and Individuals who are between the age of 18 and 49. The SSA takes age into consideration when determining whether you…Read More

  • Published: April 9, 2014

An Ocala Social Security Disability Attorney Discusses Your Testimony In the paragraphs below, an Ocala Social Security disability attorney offers useful advice on how to focus your testimony. Just The Facts The argument that there is a lack of suitable jobs in the market is one often used by claimants as a justification for their claim. It is not adviseable that you attempt to argue when you present your case to the ALJ. Judges are not concerned with the availablity of work. They are far more concerned with your ability to perform on a job if it was available to you. Rather than base your testimony on the job market, you should explain how your impairment would limit your ability…Read More

  • Published: April 3, 2014

The unfortunate fact is that sometimes even severely impaired claimants are denied disability benefits. This should not stop you from applying, though. Your Ocala Social Security disability attorney will explain errors SSA sometimes makes in denying claims. Reasons for Claim Denial There are several possibilities for why SSA denied your claim. The severity of your impairment may have been erroneously assessed. If SSA did not consider all of your impairments together or all of the medical evidence available, your claim may have been wrongly denied. Claims are often denied if SSA does not give the appropriate consideration to your statements of pain, symptoms or ability to do past work. Finally, SSA sometimes denies claims if your ability and intelligence level…Read More

  • Published: April 3, 2014

It's imperative for an Ocala Social Security disability lawyer to obtain a doctor's opinion on your condition as even a non controlling physician opinion can persuade the SSA to reward your benefits. An Ocala Social Security Disability Benefits Lawyer Explains How a Non-Controlling Opinion Is Still Useful The decision maker of your case will accept doctor's opinion as long as he is able to support his conclusion that you are disabled instead of merely stating that you are disabled. This means that they may consider your doctor's opinion even if he is not deemed as controlling. The SSA Will Consider the Following Questions to Decide How Much Weight They Will Give to Your Treating Source's Opinion What is the nature…Read More

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