Social Security Disability
The Hearing Room Typically, a Social Security disability hearing takes place in a small, informal conference room. When you and your Ocala Social Security disability lawyer enter the room, you will probably see a few government emblems, such as an American flag or the official seal of the Social Security Administration. The room itself will be furnished with a table for you and your Ocala Social Security disability lawyer to use. The administrative law judge’s desk will sit on an unobtrusive riser so that the judge will preside in a slightly elevated position. A small desk or table may also be available for the judge’s assistant. Recording the Hearing Recording equipment will be placed somewhere in the room so that…Read More
What is the criteria for determining the extent of a person's disability in a Social Security disability case? Although a doctor's professional opinion is solicited, that opinion will undoubtedly vary based on who you ask. Guidance on these matters can be provided by Ocala disability attorneys. Ocala Disability Attorneys Discuss Subjectivity When Assessing a Patient's Capacity to Perform Work Activities Over a Sustained Period The Social Security Administration's Code of Federal Regulations addresses the issue of subjectivity, recognizing that claimants are restricted by symptoms which are subjective and hard to quantify [20 C.F.R. § 404.1529(c)(3)]. It is further acknowledged that clinical or laboratory diagnostic techniques cannot objectively assess a claimant's symptoms [SSR 96-7p]. What a Doctor May Be Asked to…Read More
While the Social Security Administration feels that videoconferencing is an effective way to save time, most of the participants tend to disagree. Disability claimants usually prefer to explain their situations to the administrative law judge when they are in the same room together. As your Ocala disability lawyers can tell you, a videoconference is simply not the same as speaking to the ALJ in person. The SSA Will Attempt to Overcome Your Reluctance According to literature provided by the SSA, a hearing via videoconference differs from a physical hearing only in the technology involved. The SSA also maintains that this is better for you, since a video hearing spares you the inconvenience of having to travel to meet with the administrative law…Read More
The five step sequential evaluation process determines whether a person can be classified as disabled. Step three requires that a claimant's medical conditions, symptoms and test results meet at least one of the impairments listed in the Social Security Administration's Listing of Impairments. An Ocala disability attorney can guide you through this often complicated process, and inform you regarding the Listing, which is a set of medical criteria found in the administration's disability regulations. Your Medical Signs Compared to the Listing of Impairments It is possible that your impairment may not be found in the SSA's listing. However, an Ocala disability lawyer can argue that your conditions are medically equivalent to one in the listing. There are four situations in…Read More
Common vocational issues that come up in Social Security disability cases involved the physical and mental demands of the claimant’s former jobs. Your Ocala disability attorney can explain these issues in further detail. Physical and Mental Demands of Past Relevant Work In the majority of disability cases, the issue of a claimant’s physical and mental demands at a former job does not need to be explained by a vocational expert. The disability examiner generally gets the necessary information he or she is looking for in making a decision based on the information provided the Social Security guidelines. But if either your Ocala disability attorney or the judge has requested a vocational expert at the hearing for another issue, the expert…Read More
Common vocational issues that come up in Social Security disability cases involved the physical and mental demands of the claimant’s former jobs. Your Ocala disability attorney can explain these issues in further detail. Physical and Mental Demands of Past Relevant Work In the majority of disability cases, the issue of a claimant’s physical and mental demands at a former job does not need to be explained by a vocational expert. The disability examiner generally gets the necessary information he or she is looking for in making a decision based on the information provided the Social Security guidelines. But if either your Ocala disability attorney or the judge has requested a vocational expert at the hearing for another issue, the expert…Read More
It is very important that you provide as much detail as possible when answering questions asked by the administrative law judge at your Social Security disability hearing. Your answers will have a direct effect on the outcome of your trial. As such, your Ocala Social Security disability attorney will prepare you for the possible questions that a judge will ask so that you provide the necessary detail the judge is looking for. The ALJ will generally tailor his or her line of questions to claimant’s specific medical condition. If you are seeking disability benefits for the medical condition of shortness of breath, you can expect to be asked the following questions by the ALJ: What causes your shortness of breath?…Read More
A Social Security disability hearing is private and less formal than a typical courtroom trial. But regardless of the informality of the disability hearing, there are still certain procedures that will take place. Although your Ocala Social Security disability lawyer will give you the details, below is a brief overview. Unlike typical courtroom trials, you will not need to be sworn in by a clerk. The administrative law judge (ALJ) will generally commence the hearing by giving an overview of the history of your case and the issues that need to be addressed and decided at the hearing. Some judges also recite what you will need to prove. Instead of providing a simple and well-defined explanation, they give a broad…Read More
Adequate preparation is key to a successful Social Security disability hearing.Ocala disability lawyers will meet with their client prior to their disability hearing to go over the necessary evidence they need, how they should dress, and how they should act at their hearing. Below are some tips you should consider for a successful disability hearing: You need to make sure your medical and employment documents are updated and in order for the day of your disability hearing. Although you do not have to wear a designer suit, you should also not go to your hearing in jeans and a t-shirt. Instead, you should be dressed in business casual attire. Never discuss your case in the hallways outside of your hearing…Read More
The Social Security Administration denies more than two-thirds of all initial claims for Social Security disability benefits. At this point, claimants have the option of either filing a new claim or appealing their denial. Ocala disability attorneys advise claimants to appeal their denials because chances of success are much higher during the appeals process. Deadline to Appeal a Denied Claim Claimants generally have 60 days from the date of the receipt of their denial to appeal their claim. The SSA grants a 5 days grace period because there is a presumption that decisions are received five days from the date on the face of the decision. When the claimant is appealing an ALJ denial to the Appeals Council after there…Read More