Social Security Disability
State agencies and administrative law judges (ALJs) widely differ in their approaches to evaluating disability claims. In general, ALJs adopt a broader and more comprehensive view of a claimant's situation than do state agencies. State agencies usually base decisions on the medical findings in the file, without consideration for the individual's true ability to work. An Ocala, Florida Social Security attorney can discuss these differences further with you. An Ocala, Florida Social Security Attorney Discusses State Agency Decisions State agencies often employ the Listing of Impairments as the foundation for a disability ruling even if the decision does not necessarily align with the medical documentation. This is particularly true of claimants under the age of 50. If you are younger with no…Read More
The administrative law judge (ALJ) will decide whether or not you are eligible for disability benefits at your hearing. Your Florida disability lawyer will prepare you for what to expect from the judge. Questioning The ALJ will ask you about your impairment and how it affects your life. Your Florida disability lawyer will advise you not to ask the judge any questions other than to clarify what he has asked you. You may feel resentment toward the judge because of your subsequent denials, but he was not responsible for those decisions or the way the application process works. Thus, your Florida disability lawyer will ask that you speak respectfully when addressing the ALJ during questioning and any other interactions throughout your hearing.…Read More
Most attorneys who handle Social Security disability cases will likely tell their clients not to bother with functional capacity evaluations. Ocala, FL Social Security disability lawyers can tell you that these evaluations are not necessary because the Social Security Administration (SSA) does not require them, and they usually do not provide enough information. These evaluations, which only take a few hours, often do not accurately measure whether a claimant can work full-time all year long. Nevertheless, as Ocala, FL Social Security disability attorneys are aware, this becomes an issue in many cases with claimants 50 years of age and older. The issue surrounding this age group is whether a claimant can handle doing sedentary work for 8 hours per day. This…Read More
Your treating doctor may have some questions for you and your Ocala, Florida Social Security disability lawyer about what role he or she will play in your claim. Doctors are often asked to provide supporting opinions or evidence for disability claims. You can consult your Ocala, Florida Social Security disability attorney regarding how this will help your claim. What Kind of Information Must Doctors Provide? The functional capacity form asks for a large number of details regarding your ability to work, and your doctor may wonder whether they are all necessary. The Social Security Administration asks for such detailed information in order to get an accurate sense of your ability to perform work-related activity. This information is especially useful for…Read More
The final phase of your hearing is the closing argument of your Ocala Social Security disability attorney. If necessary, your attorney will summarize your case to the judge. This can be done either verbally or in writing. What Happens After the Hearing? As your Ocala Social Security disability lawyer will explain to you, once the disability hearing concludes, you must wait for the judge's decision. Some judges will render a decision from the bench at the conclusion of the hearing. However, this is rare. In most cases, a written decision is mailed to you and your Ocala Social Security disability attorney some time later. How Long Will I Have to Wait? There is really no way to predict how long a…Read More
During your disability hearing, your Ocala Social Security disability lawyer has an important role to play. Familiarizing yourself with this role is important in preparing for your hearing. Questions Your Ocala Social Security Disability Lawyer Will Ask Disability hearings usually take about one hour, although they can run as long as an hour and a half. During that time, your Ocala Social Security disability lawyers will ask many questions. You will likely already be prepared for these questions because of previous discussions with your Ocala Social Security disability attorney. However, your attorney will sometimes ask additional questions in order to clarify things for the judge, or to further explain issues affecting your case. Your Ocala Social Security Disability Lawyer and Witnesses Your…Read More
Following your testimony, any witnesses will be given the opportunity to testify and be questioned by your Ocala Social Security disability attorney and the judge. It is unlikely that you will get a decision at the completion of the hearing and should not expect one until several weeks later. Witnesses Your Ocala Social Security disability attorney will ask you to bring at least one witness to your hearing. This witness will be able to corroborate your account of your impairment and detail how he or she has seen it affect your life. In addition to your witnesses, your Ocala Social Security disability attorney will tell you to expect that a medical or vocational expert will testify as well. Closing Argument…Read More
You can prepare yourself for your disability hearing by learning exactly who will be present in the room. If you have someone you think should be there, discuss this in advance with your Ocala Social Security disability lawyer. Ocala Social Security disability attorneys know that hearings can seem intimidating, but that is not necessarily the case. Unlike in a courtroom, everyone present at the hearing will sit down informally at a conference table. The hearing is designed to help you be more relaxed and therefore more at ease being yourself. Sometimes, judges will call witnesses or doctors to offer testimony. If that happens, they will be at the table as well—along with you and your Ocala Social Security disability lawyer.…Read More
Disability determination depends on several important factors that the SSA will evaluate. Your Ocala disability lawyer will be an important resource to help you understand these factors and how they may affect your claim. Residual Functional Capacity (RFC) The SSA will evaluate your residual functional capacity (RFC) by assessing your ability to work with your impairment. SSA will then ask if, using your RFC, you are able to do any of the work you had done in the past 15 years. Your Ocala disability attorney will explain that if you cannot do any of this work, SSA will then label your work ability. This label comes from the Dictionary of Occupational Titles. Your work ability may be considered sedentary, light, or medium…Read More
What exactly is meant by the term "medically determinable impairment?" What does your physician's opinion of it mean to the Social Security Administration (SSA)? An Ocala disability attorney can answer these questions, as well as tell you how they affect your claim. Ocala Disability Attorneys Are Aware of How the Social Security Administration Views Impairment You may be happy to know that the SSA has a practical approach to what it considers impairment. If a physician can diagnose patients accurately by looking at more than just their symptoms, the SSA nearly always agrees that such a patient does indeed have a medically determinable impairment. In other cases, a patient simply explaining their symptoms is enough to warrant this determination. An Ocala…Read More