Social Security Disability

The term “disability” is specifically defined by the Social Security Administration (SSA). An Ocala disability attorney can help you as a claimant understand the process and determine if you are, in fact, disabled by SSA standards. An Ocala Disability Attorney Explains Disability A claimant may feel he or she is disabled, and even experienced treating doctors may believe they know whether their patient is unable to work, but if a claimant does not meet the established SSA guidelines for disability, no benefits will be awarded to that claimant. The Elements of Disability As your Ocala disability attorney can tell you, disability is found only when a claimant: Is found to have a medically determinable impairment, And that impairment can be…Read More

Frequently Asked Questions   Might I damage my patient’s case if I make a mistake, such as indicating unintentionally that the patient is not completely unable to work? A skilled Ocala disability lawyer will recommend that you speak to your patient’s lawyer concerning your testimony, and can remind you that the Social Security Administration (SSA), when determining disability, does not necessarily require that the claimant be completely incapacitated. When I fill in the paperwork for my patient’s disability case, what is the most damaging error I can make? If you indicate that your patient’s impairments are more serious than they actually are, you undermine the reliability of your own opinion, rendering it worthless to the SSA as a means of deciding your…Read More

Outside of the sequential evaluation process, there are a few ways an applicant can be found disabled, or disabled but not eligible for benefits. Your Ocala disability lawyer will go over these alternatives with you and explain how they may apply to you. Medical-Vocational Profiles If you are over 55 with a severe medically determinable impairment, you will automatically be found disabled if you have an 11th grade education or less with no past relevant work experience. The second set of circumstances for automatic disability is you have worked at least 35 years doing arduous unskilled labor, which you can no longer do, with at most a 6th grade education. Finally, the requirements for the third profile are that you are 60…Read More

One of the important steps in your disability evaluation is explaining your relevant work history. You can find out more about this step by talking to an Ocala disability attorney. An Ocala Disability Attorney Discusses Past Relevant Work Your Ocala disability lawyer knows that you will not be found disabled if you are still able to do "past relevant work." The definition of "past relevant work," according to the Social Security Administration (SSA) is any paid task you were able to do in the last 15 years or in the 15 years prior to the date your disability insured status began. Essentially, you need to look at your least-challenging job and determine why you cannot do such work any longer—this is…Read More

The second step of the sequential evaluation process deals with the severity factor. As an Ocala disability lawyer can tell you, you must have a severe medically determinable impairment in order to advance to the next steps of the evaluation. Medically Determinable Impairment The SSA requires that your impairment be medically determinable. Your Ocala disability lawyer will explain in more detail what this term means, but generally, it indicates an impairment that has been shown to exist by medical tests and diagnoses. If there are several diagnoses that conflict with each other, your Ocala disability attorney will tell you not to worry. The existence of any legitimate diagnosis is enough for the SSA to find a medically determinable impairment. Without…Read More

What Is “Substantial” Work? Your Ocala disability attorney can explain that this refers to tasks that require either bodily or psychological exertion. If you cannot complete uncomplicated or everyday duties without guidance or help beyond that which is normally offered, or if your duties require negligible effort on your part, it is probably not “substantial.” What Is “Gainful” Work? Gainful work is work for which you are paid or that you do for profit, whether you actually profit by it or not. It is usually decided based on how much money you have been paid. What If I Own the Business? In that case, the SSA will examine your position and its importance to the company whether you are realizing a…Read More

What Will You Be Asked by Your Ocala Social Security Disability Lawyer? At your Social Security disability hearing, you will be questioned on a variety of topics. While not all of these questions will relate directly to your case, your Ocala Social Security disability lawyer must use this opportunity to demonstrate any challenges that you face that may qualify you for receiving disability benefits. Your Ocala Social Security disability lawyer may ask you regarding the following: Personal information: What your name is, where you live, and what your Social Security number is When you were born, how old you are now, and how old you were when you became disabled Your level of education What level of education did you…Read More

Testimony from people who know you and see you on a daily basis can add weight to the testimony you give at a Social Security disability claim proceeding. An Ocala Social Security disability attorney may gain corroborative testimony by posing certain questions to witnesses who are not in the medical field. An attorney may ask how often the person observes the claimant, whether the person heard the claimant's testimony and whether the testimony seemed truthful. It would confirm the claimant's testimony if the witness saw the claimant all the time and found the person's testimony truthful. Medical Conditions: Before and After An Ocala Social Security disability attorney may attempt to get lay witnesses to speak to a claimant's condition before…Read More

Those looking to apply for Social Security disability benefits must provide a medical history of incapacitation. An Ocala Social Security disability attorney may be able to help an applicant assert his or her medical history both on the benefits application and at a hearing presided over by an administrative law judge. Medical History Requirements An applicant must be disabled for at least 12 months in order to qualify for Social Security disability benefits. Therefore, an Ocala Social Security disability lawyer will gather an applicant's medical history and other medical information to construct a disability timeline. An Ocala Social Security Disability Attorney May Gather Specific Information A Social Security disability attorney can best do his or her job by investigating a…Read More

After a Social Security disability applicant's request for benefits is denied, he or she will want to work with Ocala disability lawyers to request a hearing before an administrative law judge. This is one of the first steps involved in appealing a negative ruling. What Happens After Ocala Disability Attorneys Request a Hearing on an Applicant's Behalf? This request prompts the following steps, which may eventually lead to a hearing with an administrative law judge: Usually, an attorney advisor will evaluate a candidate's application. The attorney advisor may contact the applicant's Ocala disability lawyers to ask for more information. If necessary, the attorney advisor may also perform a pre-hearing conference with the candidate's Ocala disability lawyers. The advisor will use…Read More