Benefits

Ocala Social Security disability lawyers are familiar with Social Security disability claims involving common digestive impairments such as abdominal distress, diarrhea and fecal incontinence. Some of these digestive impairments, such as Crohn's disease and ulcerative colitis, are generally known as Inflammatory Bowel Diseases (IBD). Social Security Disability Claims and IBDs IBDs present any number of symptoms such as diarrhea, fecal incontinence, rectal bleeding, abdominal pain, vomiting or arthralgia, that often cause you to spend a lot of time away from your workstation during the course of your normal workday. These conditions often result in a great deal of time spent in the restroom and it is unpredictable as to when those conditions will present themselves. You may also suffer from…Read More

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…Read More

If you have a medically determinable impairment, that is -- your medical records and doctors’ reports illustrate an underlying physical or mental impairment that could reasonably be expected to cause your pain, the Social Security Administration next evaluates the intensity and persistence of your pain to determine how it limits your ability to perform basic work activities. The Social Security Administration will consider all evidence that has been presented including, but not limited to, your medical history and findings and statements from you, your treating physicians, or other persons, regarding how you are affected by your pain. The Social Security Administration will also consider medical opinions of doctors who have treated or examined you. In addition to objective medical evidence,…Read More

A common question from claimants after a favorable decision is “When will I be eligible for Medicare?’  Medicare will be available to you after you have received Social Security disability benefits for 24 months. However, if you would like to sign up for Medicare Part B, you must pay a premium that the SSA will deduct from your monthly check. Depending on your income and assets, you might qualify for other programs that will pay for all, or part, of your Medicare premium or medical expenses that are not covered by Medicare. Check with your county welfare department to see if you might qualify for any of these programs. If you have health coverage through a spouse or due to…Read More

Social Security Administration regulations play an important role in determining whether a claimant is disabled.  One group of disability regulations is called the Listing of Impairments (the Listings). The Listings are organized by body systems (e.g., musculoskeletal, respiratory, endocrine) and then by impairments specific to those systems. For example, the Musculoskeletal Listing covers impairments such as spinal disorders, joint dysfunction, amputations, and fractures. The Listing for each impairment consists of specific medical findings characteristic of that impairment.  When a claimant has the medical findings provided in the listing, the SSA says that the claimant “meets the Listings.”  A claimant who meets the Listings will be found disabled.  The SSA will not even look at whether the claimant can do a…Read More

As an Ocala disability lawyer, I have helped many individuals who are self-employed with their Social Security disability applications and appeals. In every case, the Social Security Administration uses a five-step process to determine disability. The first step requires the applicant to prove that he or she is not currently engaged in “substantial gainful activity” (SGA). For most employees, this step is relatively straightforward and involves checking their employment records to see how much they are earning each month.  If the monthly total is below a specified amount ($1010 in 2012), as a general rule, they are not engaged in SGA.  The SGA amounts change every year with changes in the national average wage index. However, any work, regardless of…Read More

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”…Read More

If you receive monthly Social Security disability benefits, you will need to determine whether they are subject to income taxes. Most of my Ocala disability clients do not have to pay income taxes on their disability benefits. Whether your disability benefits will be taxable depends on your income. You are mostly likely to have a tax liability if you have income from sources in addition to your disability benefits, or if your spouse earns substantial income. A couple with a combined income of more than $32,000 and an individual with an income of more than $25,000 will pay income tax on a percentage of their Social Security disability benefits. The percentage of benefits subject to tax increases for individuals with…Read More

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…Read More

If you received a Social Security disability claim denial, you can appeal the denial at a disability hearing. During a Social Security disability hearing, you will testify before an Administrative Law Judge (ALJ) about your medical condition. The ALJ and your Ocala disability lawyer can ask you questions about your condition, including how the condition affects your ability to engage in substantial gainful activity. If you suffer from fatigue and it affects your ability to maintain a job and complete routine tasks, describe the fatigue so that the ALJ can gain a better understanding of why the fatigue makes you eligible to receive Social Security disability benefits. Both the ALJ and your Ocala disability lawyer can question you during the…Read More