Social Security Disability
An Ocala Social Security disability benefits attorney may ask a vocational expert, or VE, to provide testimony to an administrative law judge on behalf of a claimant. A VE has an understanding of both the skills needed to perform various jobs and the availability of different jobs within the current market. The VE can provide testimony about the kinds of jobs a claimant may be able to perform considering his or her limitations. Questions for a VE In most cases, an ALJ or Ocala Social Security disability lawyer will not ask the VE questions about the erosion of the occupational base or vocational adjustment. The questions a VE might be asked are: In the past, what were the physical demands…Read More
An Ocala Social Security disability benefits law firm may ask a Social Security claimant who is still working to document his or her income. Following are some helpful tips about what should be included and what should be deducted from a claimant's income statement. What Should Be Included The Social Security Administration seeks income information in order to determine how much a claimant earns from the actual work he or she performs. This means that income from working, plus any bonuses, should be included. What Should Be Deducted Vacation pay and sick pay should be excluded because this pay is given without any actual work from the claimant. If the claimant has medical expenses that are related to his or…Read More
Two-thirds of all initial applications for disability benefits are denied, even with the help of an Ocala Social Security disability benefits law office. However, do not be discouraged; your chances improve dramatically if you appeal your rejection, especially if you appeal to the administrative law judge hearing level. It can be easy to fall into a cycle of hopelessness if your initial claim is denied because you feel frustrated. But try to keep in mind that the initial decision on a claim is not made by a judge but by employees of a state agency that contracts with the Social Security Administration. The Other Side of the Story That said, sometimes there are legitimate reasons that a claim is denied…Read More
Many disability claimants who reach the hearing stage after being denied twice feel get very anxious about the hearing. Sitting in front of a judge in a formal setting and telling your story, hoping that he believes what you say, can be intimidating for many. Your Ocala Social Security disability law office will give you the information and guidance you need to prepare yourself ahead of time. The Role of Your Disability Attorney Your attorney from the Ocala Social Security disability law office will likely meet with you some time before the date of the hearing in order to go over the facts of your impairment and the relevant legal issues. Your attorney will try to relieve any causes of…Read More
Although your testimony will probably be the most important testimony at your disability hearing, you and your Ocala Social Security disability claims law firm can strengthen your case by having lay witnesses testify in addition to you. Lay witnesses, such as friends, family, neighbors or colleagues, can provide compelling and important accounts of your daily activities, how you are limited and how your work has been affected. Past Relevant Work With your permission, your Ocala Social Security disability lawyer may present testimony from a colleague or someone who knows about your work regarding your past relevant work, or the jobs you have held in the last 15 years. Since a key question of being approved for disability is proving that…Read More
If you have appealed your disability claim to the hearing level before an administrative law judge, you may receive notice that an expert witness is going to testify at your hearing. This is common in Ocala Social Security disability cases; in fact, nearly three quarters of all hearings have testimony by an expert. Sometimes the administrative law judge finds one of the issues in your case unclear and wants to hear from either a vocational expert or a medical expert, such as a doctor or psychologist, about the issue. It is far more common for vocational experts to testify in disability hearings than medical experts. Your Ocala Social Security disability attorney will explain to you what the medical expert will…Read More
If you have been through the hearing level of appeal and still received a denial of your claim for disability benefits, you may want to ask your Ocala Social Security disability claims attorney about the possibility of appealing to the next level: federal court. Be aware that there are only two arguments that will have any merit at this level of appeal: either the judge’s decision is not supported by substantial evidence or the judge made a legal error. You and your Ocala Social Security disability claims attorney will have to figure out if you can make a compelling case for one of these arguments. Finding Substantial Evidence The role of the federal court is to review the evidence that…Read More
Social Security disability claimants often assume that they simply need to supply the Social Security Administration with their medical records to move their cases forward. It's often not as simple as that. The SSA often requests claimants to submit to consultative examinations. An Ocala Social Security disability benefits attorney can help you prepare for one to keep your case moving along. What Is a Consultative Examination? A consultative examination is a mental or physical examination that's used to obtain medical evidence to help prove or disprove whether a claimant qualifies for Social Security disability benefits. If you're still at the pre-hearing phase, it may be set up by the examiner who's in charge of your claim for the state. At…Read More
Giving credible testimony at the Social Security disability hearing is crucial. If you aren't able to accurately express that you are suffering from chronic pain and other limitations that severely impede your ability to work, the administrative law judge may deny your request for disability benefits. Prior to the hearing, the Ocala Social Security disability claim lawyer representing you will explain what to expect and the most effective way to answer the judge's questions. Guidelines to Follow While Answering Questions at the Disability Hearing Your statements need to be consistent with the information provided in the medical documents. The administrative law judge will review your responses to the questions in the application and throughout the claims process. The treating physician's…Read More
People with drug or alcohol problems sometimes wonder if they might be eligible to receive Social Security disability benefits. An Ocala Social Security disability lawyer can tell you that drug or alcohol addiction might be a factor in deciding your eligibility. In short, you will not qualify for Social Security disability benefits if your addiction is found to be a “contributing factor material to the determination of disability.” How Addiction Is Determined by the Social Security Administration Here is how the process works: Your claim will be evaluated according to the five-step sequential evaluation process that every claim for disability benefits goes through. If the Social Security Administration finds you not disabled at any one of the steps, that is…Read More