Appeal – Ocala Disability Attorney

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Focus your testimony on pertinent facts

Friday, April 13th, 2012

As a Florida Social Security disability claimant, you will most likely have to testify at a hearing before an administrative law judge. If I am your Ocala disability attorney, I will spend plenty of time with you before your hearing preparing you to testify. However, here I want to caution you to avoid making these two common mistakes in your hearing testimony.

Don’t attempt to explain the medical issues in your case.

Some claimants want to tell the ALJ all about their diagnosis and other medical issues. Testimony like this from you usually does not help your case. Your Ocala disability lawyer will provide the ALJ with your the medical records, doctors’ reports, and other medical evidence. Therefore, do not repeat to the ALJ medical explanations of your condition given to you by your doctor, unless the ALJ asks: “Tell me what your doctor told you about your condition.”

If you are asked why you can’t work, you might be tempted to answer with your diagnosis, such as “I have a herniated disc.” But many people with herniated discs still work. It is the severity of your pain and other symptoms that keep you from working. You know better than anyone else how your symptoms limit what you can do. Therefore, if the ALJ asks this question, take advantage of the opportunity to describe how your impairment limits your ability to perform specific activities, such as standing, sitting, lifting and moving around.

Don’t argue your case to the ALJ.

Some claimants try to argue their case to the ALJ and get stuck talking about things that just don’t matter. (E.g., “There are no jobs available around here like my old job.”) But arguing is a mistake. Whether you are “disabled” under the Social Security regulations is a hypothetical determination. By that I mean that the question that the ALJ needs to answer is “If, hypothetically, an employer were to offer you a job, do you have the ability to do it?”

Facts such as whether any employer in your area has offered or would ever offer you a job are irrelevant to the determination of whether you are disabled. Your testimony should focus instead on the facts that do matter. The reasons that you cannot do a sit-down job for eight hours a day are the sort of facts that you should mention.

In order to be well-prepared for a hearing, you will need the help of a qualified Ocala disability attorney. Fill out the claim evaluation form on this page to arrange for a free consultation with experienced Ocala Social Security lawyer CJ Henry.

Posted in Appeal, Benefits, Claims, Disability Claims | No Comments »

Two facts your testimony should help to prove

Wednesday, April 11th, 2012

At your Florida Social Security disability hearing, we will most likely be trying to prove two facts: (1) that you are unable to perform your “past relevant work;” and (2) that you are unable to perform other jobs considering your remaining work capacity, age, education, and experience.

Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it. Jobs that you had for less than 30 days don’t count. I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no longer do that job. In explaining why you can’t do the job, you don’t want to waste time on explanations that the ALJ will consider irrelevant. The ALJ wants to know why you are physically or mentally unable to do the job. It does not matter that your employer has gone out of business or refuses to hire you because of your medical problems.

Inability to do other jobs. As for the second fact we must prove, you need not be in excruciating pain nor be confined to a bed for the ALJ to conclude you cannot adjust to other jobs. For example, a 50-year-old claimant, who did not complete high school and whose job experience is limited to unskilled heavy work might have to prove that he can’t perform a light job to be considered disabled. A light job involves standing for six out of eight hours, frequently picking up ten pounds, sometimes picking up 20 pounds. This person may have a back condition that prevents him from doing the lifting and standing required by light work. He may still be able to do a sedentary or sit-down job. Nevertheless, he would be disabled because at his age, with his education and work experience, the Social Security regulations do not expect him to be able to adapt to sedentary work.

If I represent you, I will review your situation to determine exactly what you will need to prove at your hearing to win benefits. For more information and legal help with an Ocala Social Security disability hearing, contact Ocala disability lawyer CJ Henry by filling out the claim evaluation form on this page.

Posted in Appeal, Depression, Discrimination | No Comments »

Are you 55 or older? Proving you are disabled is a little easier

Tuesday, March 13th, 2012

Most applicants for Florida Social Security disability benefits must show that they can no longer perform work they had previously done and that they cannot do any other work. In determining whether an applicant can perform any other work, the applicant’s age is an important consideration for the Social Security Administration. In fact, the Social Security guidelines are less stringent for claimants 55 and older.

Medical-Vocational Guidelines for applicants 55 or older

The Medical-Vocational Guidelines are rules utilized by the Social Security Administration to determine what other work you can do. These rules are favorable to those over 55 years of age because they recognize that if you are older and your medical condition limits your level of exertion, it will be more difficult for you to adjust to a new job.

Indeed, the Guidelines presume that you are unable to adapt to other work if you are 55 or older and are limited to unskilled light work. An experienced Ocala Social Security disability attorney can use these presumptions to help you win your Florida disability case.

Past relevant work

You must establish that you cannot do your “past relevant work” before the Medical-Vocational Guidelines will be applied to your Florida disability case.

The Social Security Administration defines past relevant work as work you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to do it. If the Social Security Administration finds that you have the residual functional capacity to do your past relevant work, your Florida Social Security disability claim will be denied. Once the determination is made that you can perform your past relevant work, you will not benefit from the favorable age presumptions set forth in the Medical-Vocational Guidelines.

Proving that a claimant cannot perform past relevant work is an important way that a disability attorney can help a claimant over 55 obtain his or her disability benefits. A knowledgeable Ocala Social Security disability attorney can help you reap the benefits of the favorable age presumptions set forth in the Medical-Vocational Guidelines if you are 55 and older.

Should you file for early retirement benefits instead of disability?

It is common for individuals who become disabled near the age of 62 to file for early retirement benefits rather than disability benefits. However, because the Social Security Administration penalizes early retirees with reduced benefits, early retirement in this situation can often be a mistake. In order to avoid a reduction in benefits, claimants should obtain disability benefits until they reach full retirement age.

If you would like to meet with an experienced Ocala Social Security disability attorney to discuss how your age affects your claim for disability benefits, contact dedicated Ocala disability lawyer Claudeth J. Henry at (352) 304-5300. Your initial consultation is free.

Posted in Appeal, CJ Henry Law Firm Blog, Disability Claims, Eligibility, Social Security Disability | No Comments »

How the judge analyzes whether you can do past relevant work

Tuesday, March 13th, 2012

Whether you are capable of performing your “past relevant work” may be an issue in your Social Security disability case. If the answer is yes, you will not be disabled. In general, “past relevant work,” includes all jobs you did during the past 15 years for long enough to learn how to do them (generally 30 days).

When your ability to do former jobs is an issue, the administrative law judge will be interested in the answer to these three questions:

What are the physical and mental demands of your former work as you actually performed it?
What are the physical and mental demands of your former work as generally required by employers throughout the national economy?
Can you meet the demands of your former work, either as you actually performed it or as it is generally performed in the national economy?

Demands of former work as you performed it

Your testimony about how you did your former jobs is usually sufficient to answer this question. Social Security regulations state that a claimant’s statements are generally sufficient for determining the skill level and demands of the claimant’s past work.

However, the administrative law judge may ask a vocational expert to be present at your hearing. In that case, the judge will probably ask the expert to describe your past relevant work. The regulations provide that evidence from a vocational expert may be helpful in supplementing or evaluating your description of past work.

Demands of former work as required in national economy

If it appears you are unable to do any past job as you actually performed it, the administrative law judge will want to know whether your employer required you to exert yourself or perform duties in excess of the requirements of most other employers. In other words, the administrative law judge will want to know what employers typically require of employees in your former position.

The answer to this question will come from a vocational expert. A vocational expert may offer relevant evidence within his or her expertise or knowledge concerning the physical and mental demands of your past relevant work, either as you actually performed it or as generally performed in the national economy.

You will be found not disabled if you retain the capacity to perform the job as ordinarily required by employers throughout the national economy, even if you cannot do the job as your formerly performed it.

When a disability case involves questions about your ability to do a former job and a vocation expert will be testifying, it’s important to have a disability lawyer by your side. An experienced Ocala disability lawyer will know how to cross-examine the expert who testifies that you are capable of doing a past job. For a free evaluation of your disability case, contact Ocala disability lawyer CJ Henry at (352) 304-5300.

Posted in Appeal, CJ Henry Law Firm Blog, Social Security Disability | No Comments »

The details really matter in your Florida Social Security disability hearing testimony

Monday, March 12th, 2012

The success of your Florida Social Security disability case may depend on how good a job your Ocala disability attorney does in preparing you to testify. Your Ocala disability attorney must prepare you to describe details about how your impairment affects your daily activities. The details you provide in your testimony can often what tips the decision in your favor.

At your hearing, the administrative law judge will ask you about your activities. If you testify that you can perform a wide range of activities (walking, shopping, laundry, gardening, cooking and cleaning, going on vacations, etc.), the judge may find that you are not disabled because you are able to do too much.

Even though it may initially appear that you are able to do too much, your Ocala disability attorney can still win the case for you if he or she can elicit testimony establishing that you cannot sustain any of these activities for a full work week. That is, in order to be capable of holding any job, even a sedentary one, you must be capable of sustained work on a regular and continuing basis. A regular and continuing basis generally is defined as eight hours a day, five days a week.

You should never try to hide facts from the judge. For example, if you walk one to two miles twice a week, you should be able to explain why this activity does not prove you can work by providing additional details to the judge. The walks may be prescribed as rehabilitative therapy or you may only be able to walk 15 minutes before you must stop and rest.

The expertise of an Ocala Social Security disability lawyer is invaluable in preparing you to testify about your impairments and your inability to perform sustained work, and can be the difference between winning and losing your Florida disability case. To evaluate the facts specific to your case, contact dedicated Ocala Social Security disability lawyer Claudeth J. Henry for an initial consultation. Simply fill out the form on this page or call (352) 304-5300.

Posted in Appeal, CJ Henry Law Firm Blog, Claims, Disability Claims, Social Security Disability | No Comments »

Claimants Under 50: Manipulative Limitations

Sunday, February 26th, 2012

To qualify for Social Security disability benefits if you are under the age of 50, you will likely need to prove you cannot perform most sedentary jobs. Sedentary work is the physically easiest type of work recognized by the Social Security Administration. Even so, sedentary jobs require the ability to sit for extended periods and do some walking and standing. As discussed in the previous post, sitting, walking, and standing limitations can significantly reduce the number of sedentary jobs you can perform.

Sedentary jobs also typically require a certain capacity to manipulate objects with the hands and fingers. Proof that you lack the requisite dexterity can help to establish that there are few sedentary jobs that you can perform.

Specifically, most unskilled sedentary jobs require bilateral manual dexterity, in other words, good use of both hands and fingers. To accomplish fine movements of small objects, you need use of the fingers to pick or pinch.

Most unskilled sedentary jobs also require good use of the hands and fingers for repetitive hand-finger actions. Any significant limitation of your ability to handle and work with small objects with both hands will significantly limit the number of unskilled sedentary jobs you can do.

Likewise, the ability to reach and handle is required in almost all jobs. Reaching is extending the hands and arms in any direction and handling means seizing, holding, grasping, turning or otherwise working primarily with the whole hand or hands. Significant limitations in your ability to reaching or handling, therefore, may eliminate a large number of occupations you could otherwise perform.

An Ocala disability lawyer can help assess your manipulative limitations and their impact on your ability to work. Contact experienced Ocala Social Security disability attorney Claudeth J. Henry for a free evaluation of your claim. Fill out the form on this page or phone (352) 304-5300 if you prefer.

Posted in Appeal, Chronic Pain, CJ Henry Law Firm Blog, Disability Claims, Social Security Disability | No Comments »

Your Denial Letter Will Help Your Florida Disability Attorney Piece Together the Puzzle of Your Case

Monday, January 30th, 2012

If your initial application for Florida Social Security disability benefits is denied, your denial letter is a key piece of the puzzle that will assist your Ocala disability lawyer in pursuing your appeals. Make sure to save all your denial letters and show them to your Social Security attorney.

Your denial letter contains important information that will help your Ocala Social Security disability attorney determine whether your claim for disability benefits was denied in error and, if that is the case, how best to address that error on appeal. For example, your denial letter may say that your Florida Social Security disability claim was denied because you are able to “engage in normal activities.” This is Social Security’s way of saying that their evaluators do not believe you have a “severe” physical or mental impairment. A common reason why disability evaluators reach this conclusion is that they don’t have a claimant’s complete medical records. Knowing this information, your Ocala Social Security disability attorney can work with your health care providers to complete the record.

Here is another example of helpful information that may be provided in your denial letter. Your denial letter may state you were denied benefits because you are able to perform past relevant work or “lighter” work. However, the letter may not specify which former job you are purportedly able to perform. Your Ocala Social Security disability attorney will likely be able to determine this by talking with you about your work history and determining your easiest job. Your Social Security attorney can then talk with you about your former job duties, the Social Security Administration’s definitions of “light” and “sedentary” work, and the limitations caused by your impairment. All of this information will help your disability attorney develop a persuasive and cohesive theme for your appeal.

If you would like to speak with an experienced Ocala Social Security disability lawyer about appealing the denial of your application for Florida disability benefits, please contact Claudeth Henry to discuss your case.

Posted in Appeal, CJ Henry Law Firm Blog, Claims, Disability Claims, Social Security Disability | No Comments »

Keeping a Symptom Diary to Assist in Obtaining Disability Benefits

Sunday, January 29th, 2012

As an experienced Florida Social Security disability lawyer, I suggest that you keep at least one symptom diary to assist you in obtaining disability benefits in Florida.

What is a symptom diary?

A symptom diary can come in many written forms: notebook, journal, wall calendar, chart, or spreadsheet. Routinely recording the nature (frequency, duration, intensity, etc.) of your symptoms and the impact of your symptoms as they occur will serve as your “symptom diary.”

For example, pain is a disabling symptom of many impairments that result in Social Security benefits for Florida disability claimants. A pain diary will allow you to track your pain on a daily basis including where the pain localized, the intensity of the pain on a scale of 1-10, the duration of the pain, and what eventually alleviated the pain.

Besides pain, symptom diaries can be used to record other symptoms. For example, it may be appropriate for you to keep a fatigue diary, sleep diary, headache diary, hypoglycemic event diary, or an asthma/nebulizer diary.

Why is a symptom diary important?

There are several reasons that make a symptom diary important to the success of your case when it comes to the Social Security disability appeals process. First, your ability to give detailed testimony at your hearing will be a significant factor in the success of your claim. Second, the back log of Social Security disability claims results in a long wait between your initial application for benefits and the date of your hearing. Regardless of how sharp your memory is, your testimony will be more accurate, precise and, ultimately, more compelling, if you have a written record, such as a diary, on which to rely.

Contact a Florida Social Security disability lawyer

Contact experienced Florida disability lawyer Claudeth Henry to review the facts of your case, help you get started on a symptom diary, or to discuss your claim for benefits.

Posted in Appeal, CJ Henry Law Firm Blog, Claims, Disability Claims, Social Security Disability, Tips | No Comments »

Was My Social Security Disability Benefits Claim Denied in Error?

Wednesday, January 25th, 2012

You try to work but cannot because of your medical condition. You apply for Social Security disability benefits and are shocked when your claim is denied. Do not let the denial of your claim discourage you. Appeal until you get a hearing before an administrative law judge. Many claims are denied initially, but then granted after a hearing. It is quite possible that the Social Security Administration made a mistake in denying your claim for disability benefits. In fact, common mistakes found in claims denied by the Social Security Administration and later granted on appeal include:

Failing to gather your complete medical records and other medical evidence to establish that you are disabled because your impairment “meets or medically equals” a Listing impairment;

Not considering the effect of all your impairments on your ability to work;

Not considering the effect of all of your symptoms on your ability to work;

Underestimating the severity of your pain and other symptoms;

Overestimating your education level by relying on school records that show what grades you have completed when your actual current education level is lower;

Underestimating the level of exertion required by your former jobs and incorrectly concluding you are still capable of performing them; and

Overestimating your current ability to work, i.e., your residual functional capacity, by failing to consider limitations on your ability to perform work-related tasks such as walking, standing, sitting, lifting, carrying, and following directions.

An experienced Florida disability lawyer can review your denial letter, speak with you and your doctors about the facts of your case, and take steps to correct an erroneous denial of benefits. If you believe your claim for Social Security disability benefits was improperly denied, contact Ocala disability lawyer Claudeth Henry to assist you with your appeal.

Posted in Appeal, Benefits, CJ Henry Law Firm Blog, Claims, Disability Claims, Eligibility, Social Security Disability | No Comments »

Questions to Expect at Your Disability Hearing If Sitting Is a Problem

Friday, September 16th, 2011

You can appeal the denial of your application for Social Security disability benefits at an Administrative Hearing. During the Administrative Hearing, you will testify under oath before an Administrative Law Judge, or ALJ. Both the ALJ and your Ocala disability lawyer can ask you questions about you medical condition. For example, to determine what type of work, if any, you can engage in, you will answer questions about your Residual Functional Capacity, or RFC. RFC is the ability you retain to work despite your medical impairment. Your RFC helps the ALJ can gain an understanding about what physical activities you can engage in on a daily basis.

If sitting throughout an 8-hour workday is a problem for you, the ALJ or you Ocala disability lawyer will ask you about alternating between sitting, standing and walking. For example, if you need to alternate between sitting and standing, the ALJ may ask you how often you need to take a break to stand, and how long you must stand. In addition, if you must take breaks while sitting or standing to take a walk, the ALJ or you Ocala disability lawyer will ask you how often you need to walk, and how long before you can resume a sitting position. Finally, if you are able to stand for a significant amount of time, you will be asked questions about how long you can stand, and if you can work at a bench while standing.

The questions the ALJ asks during a disability hearing will vary according to the claimant’s condition. Before your hearing, Ocala disability attorney CJ Henry will take the time to explain to you exactly what type of question you will likely be asked. If you are not already represented by an experienced Ocala disability lawyer, contact CJ Henry today for a free initial consultation.

Posted in Appeal, Benefits, CJ Henry Law Firm Blog, Disability Claims, Social Security Disability, Tips | No Comments »

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