Benefits – 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 »

Chronic Pain as a Basis for Social Security Disability Benefits: Part 2– Intensity and Persistence

Tuesday, March 13th, 2012

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, the Social Security Administration also considers the following in evaluating your pain:

Your daily activities;
The location, duration, frequency, and intensity of your pain or other symptoms;
Factors that may cause or exacerbate your pain;
Medications you take or have taken to treat your pain, including the type of medication, the dosage, the effectiveness and any side effects;
Treatments, other than medication, you receive or have received for your pain;
Steps, other than treatment, you have taken to relieve your pain (e.g., lying down, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and
Other factors relating to your functional limitations and restrictions that are due to your pain.

Due to the subjectivity of pain and the resulting difficulty in measuring it, the Social Security Administration is required to consider any limitations that are reported by you, your treating or examining doctors, or other persons that are consistent with objective medical evidence and other evidence presented in your case.

For some Florida Social Security disability claimants, their pain may be even more severe than the objective medical evidence suggests. There are several medical conditions, such as back pain and arthritis, in which the objective medical evidence may not support the symptoms. Simply because the intensity and persistence of your pain are more severe than the objective medical evidence may demonstrate, the Social Security Administration will not necessarily reject them. Rather, the Social Security Administration must consider the integrity of your statements based on a consideration of the complete case record.

Contact experienced Ocala Social Security disability lawyer Claudeth Henry at (352) 304-5300 to discuss establishing a claim based on chronic pain or to discuss your claim for Social Security disability benefits.

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

Questions after a Favorable Decision: Medicare Eligibility and Overpayment Problems Medicare eligibility

Thursday, February 9th, 2012

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 a part time job, you will need to figure out how Medicare and your health insurance work together. Your health insurance policy may provide that Medicare is your primary insurance and your health insurance will only pick up expenses not covered by Medicare. You will need to check with your health insurance company once you get your Medicare card.

Overpayments

Once you begin receiving your monthly benefits, be on the lookout for overpayments. Sometimes errors occur, causing the SSA to pay you too much. The SSA will quickly discover if you have been overpaid and will notify you by letter if an overpayment occurs. The SSA will ask you to repay the overpayment of disability benefits immediately. The problem is that you may have spent the money already. If you cannot repay the overpayment, the SSA may threaten to discontinue your disability benefits until it has recovered the overpayment. An Ocala disability lawyer may be able to arrange a reduction in your monthly benefits to repay the overpayment, but you may have trouble meeting your expenses during the time your benefit is reduced. In addition, in rare cases, the SSA may even waive the overpayment.

If you are not already represented and would like to consult with an experienced Ocala Social Security attorney at the CJ Henry Law Firm, call (352) 304-5300.

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

Understanding the Listing of Impairments

Sunday, February 5th, 2012

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 former job or any other job. If a claimant’s condition meets the Listings, the SSA presumes that the claimant’s impairment is so severe that he or she cannot work.

A claimant will also be found disabled if his or her impairment is as severe as a particular impairment in the Listing of Impairments, even if he or she does not have all the required medical findings. The claimant is then said to “equal the Listings.”

In general, the Listings are difficult to meet because the medical findings reflect a high level of severity. Yet, they sometimes can sometimes lead to odd results. For example, an unemployed accountant who lost his foot in a car accident, but is unable to use a prosthetic device to walk a block at a reasonable pace could be disabled under Listing 1.05B, even though he is able to work at his former job.

If you want to look at the Listing for your impairment, you can find it on the Internet at http://www.socialsecurity.gov/disability/professionals/bluebook/index.htm.

You can still qualify for disability benefits even if your condition does not meet or equal a Listing. But the SSA will need to determine that you are unable to do your past relevant work, or other jobs available in the national economy considering your age, education, and experience.

If you are applying for Social Security disability benefits in the state of Florida, or your application has been denied, an experienced Ocala Social Security attorney at the CJ Henry Law Firm can help you. Call (352) 304-5300 for more information.

Posted in Benefits, Claims, Disability Claims, Social Security Disability | No Comments »

“Substantial Gainful Activity” For Self-Employed Claimants

Friday, January 27th, 2012

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 income level, can be used as evidence that a claimant is able to work because the Social Security Administration can decide that the claimant is able to work more but has chosen not to in order to receive disability benefits.

For self-employed applicants, overcoming the SGA requirement can be a challenge.

If you are self-employed, the Social Security Administration uses three tests to determine if you are engaged in SGA by evaluating your work activity and its value to your business. Your self-employment work activity is SGA if:

You render significant services to the business and receive substantial income (income greater than the Earnings Guidelines set forth in the Social Security regulations); or
Your work activity (measured in terms of hours, skills, responsibilities, duties, efficiency and other relevant factors) is comparable to the work activity of persons without disability in your community who are engaged in the same or similar businesses; or
Your average monthly work activity is worth the SGA level earnings in terms of its effects on the business or when compared to the salary an owner would pay an employee to do the work.

If you are self-employed and would like more information about your eligibility for Social Security disability benefits, you are encouraged to contact experienced Ocala disability lawyer Claudeth Henry for a free initial consultation. To schedule an appointment, fill out the form on this page or call (352) 304-5300.

Posted in Benefits, CJ Henry Law Firm Blog, Claims, Disability Claims, Eligibility, Social Security Disability | 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 After a Favorable Decision: Will I have to pay income taxes on my benefits?

Thursday, December 15th, 2011

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 incomes above $34,000 per year and couples with incomes above $44,000 per year.

The IRS has a peculiar way of determining your income. The IRS uses your adjusted gross income from Form 1040 plus one-half of the amount of the Social Security disability benefits you received for the year, plus non-taxable interest.

If you receive a large check for back benefits, you may be concerned that it will subject you to tax liability. The IRS will consider your back benefits as received in the year you should have gotten them rather than in the year you actually did, which may keep you under the income level that would subject your benefits to tax. In addition, you may be able to deduct part of your attorney’s fee from your disability benefits.

If you have any questions regarding whether you will have to pay taxes on your Social Security disability benefits, contact your Ocala disability lawyer. Depending on your situation, your lawyer may recommend speaking with a tax professional regarding your disability benefits.

For a free consultation from Ocala disability attorney CJ Henry, call (352) 304-5300 or fill out the claim evaluation form on this page.

Posted in Benefits, CJ Henry Law Firm Blog | 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 »

Testifying About Shortness of Breath at an Administrative Hearing

Tuesday, September 13th, 2011

If you suffer from shortness of breath, it is important to describe this condition accurately to an Administrative Law Judge (ALJ) during your Social Security disability hearing. During the disability hearing, your Ocala disability lawyer and the ALJ will ask you questions regarding your condition. These questions help an ALJ achieve a better understanding of your medical condition and why you are eligible to receive Social Security disability benefits. You will testify under oath during the hearing, and must answer all questions completely.

First, your Ocala disability lawyer or the ALJ will ask you questions related to what causes your shortness of breath. Many things can cause shortness of breath including allergies, stress, and lung congestion. Next, the ALJ or your attorney will ask you to describe what shortness of breath feels like. The ALJ may also ask you questions about your physical fitness including how fast you are able to walk, how far you can walk before becoming short of breath, and if you are able to climb stairs without experiencing shortness of breath.

In addition, the ALJ or your attorney may ask you to testify regarding any shortness of breath episodes, chronic lung infections, or other sicknesses you may regularly experience. Your Ocala disability lawyer will also ask you to testify about any work you have missed due to your shortness of breath and how the condition has affected other aspects of your life. For example, if it is necessary for you to take frequent breaks throughout the day because of your condition, describe how often you take breaks to the ALJ.

If you believe you are disabled because of shortness of breath or any other medical condition and would like help with your Social Security disability case, contact experienced Ocala disability lawyer CJ Henry today for a free consultation.

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

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