Claims – Ocala Disability Attorney

Archive for the ‘Claims’ Category

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 »

Can you do other work? The Medical Vocational Guidelines and non-exertional limitations

Monday, April 2nd, 2012

To qualify for Florida Social Security disability benefits, you will probably need to prove to the Social Security Administration that you cannot do “past relevant work” (i.e., the easiest job you had in the past 15 years), and cannot adapt to other jobs in light of your age, education, and experience.

The first step in determining whether you are capable of adapting to other jobs is to determine your residual functional capacity or RFC. Your RFC is the most exertion you are capable of despite your impairment. As we explained in an earlier post, your RFC is expressed in terms of whether you are limited to medium work, light work, or sedentary work.

Medical Vocational Guidelines

After the Social Security Administration determines your RFC, it turns to the Medical Vocational Guidelines, also known as “the grids.” Under the grids, the older you are, and the less education and job skills you have, the easier it is to be found disabled. The grids are set up as three charts: one for claimants with an RFC for medium work; one for claimants with an RFC for light work; and one for claimants with an RFC for sedentary work.

Each chart has four columns: one for age range; one for educational level; one for the level of skill required by the claimant’s prior work; and a final column for the decision “disabled” or “not disabled.”

The Social Security Administration will look at the chart that applies to your RFC, and find the row that matches your age range, educational level, and skill level. If the decision for that row is “disabled,” you will be entitled to benefits.

If the decision for that row is “not disabled,” your case is not over yet. Social Security will then determine whether you have any additional non-exertional limitations that limit the jobs that you can do.

Non-exertional Limitations

Non-exertional limitations include restrictions on your ability to:

Bend, stoop, climb, balance, kneel, crouch, and crawl;
Use your hands to reach, handle, finger, and feel;
See objects up close, at a distance, perceive depth, color, and peripheral objects;
Hear and speak; and
Tolerate exposure to heat, cold, humidity, noise, vibrations, and odors.

These non-exertional limitations may restrict the number of jobs you are able to do so significantly that you will be found disabled. In addition to non-exertional limitations, the Social Security Administration will also consider the impact of your symptoms, such as pain, numbness, nausea, and dizziness, on your ability to work.

If you are unable to work because of a health problem and would like help obtaining Social Security disability benefits, dedicated Ocala Social Security disability attorney Claudeth Henry may be able to help you with your claim. Simply fill out the form on this page to schedule a free initial evaluation of your claim.

Posted in Claims, Disability Claims, Eligibility | No Comments »

Chronic Pain as a Basis for Social Security Disability Benefits: Part 1—Objective Evidence

Wednesday, March 14th, 2012

Chronic pain can be defined in a number of different ways. It can be continuous, irregular, or intense. It can be pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined.

Many Florida Social Security disability clients suffer from chronic pain. However, claimants suffering from chronic pain sometimes have trouble convincing the Social Security Administration that their pain prevents them from working because pain tends to be subjective and difficult to measure. Thus, the Social Security Administration will look at the credibility of the claimant’s description of his or her pain in order to determine if Social Security disability benefits will be awarded.

In order to assist in its decision-making process, the Social Security Administration will evaluate the extent to which your pain prevents you from working with the following questions:

Do you have objective evidence that demonstrates a “medically determinable impairment” that could reasonably be the origin of your pain? Stated another way, your medical records and doctors’ reports must illustrate an underlying physical or mental impairment that could reasonably be expected to cause the pain.
If you are able to demonstrate a “medically determinable impairment,” how intense and persistent is your pain and how does it limit your ability to perform basic work activities?

Your credibility in describing the intensity and persistence of your pain can be crucial to the success of your case. In order to determine your credibility, the Social Security Administration will look to see whether your statements describing your pain are consistent with the medical evidence and other evidence presented in your case.

Objective Evidence of a “Medically Determinable Impairment”

Your chronic pain must be related to a “medically determinable impairment.” The impairment must be an anatomical, physiological, or psychological abnormality that can be shown through objective evidence consisting of medically acceptable clinical and laboratory diagnostic techniques.

Without this objective evidence, mere statements that you suffer from pain are not enough to prove you are disabled. No matter how genuine your complaints of pain are, the Social Security Administration requires medical signs and laboratory findings that show the existence of a medical impairment that is consistent with your subjective evidence of chronic pain before awarding Social Security disability benefits.

Contact dedicated Florida Social Security disability lawyer Claudeth Henry to discuss establishing a claim based on chronic pain or for a free initial consultation.

Posted in Chronic Pain, CJ Henry Law Firm Blog, Claims, Disability Claims, Social Security Disability | 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 »

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 »

Proving you cannot do sedentary work: Visual, environmental, and other limitations

Friday, March 9th, 2012

If you are not yet 50 years old, you will very likely need to convince the Social Security Administration that you can’t do most sedentary jobs in order to obtain benefits. Limitations in your ability to stand, walk, sit, and use your hands and fingers, as discussed in the preceding posts, may establish that you cannot do sedentary work. Other limitations that can be important in proving your inability to perform sedentary work include visual limitations, environmental restrictions, and various other medical conditions.

Visual limitations

Working with small objects is required in most sedentary unskilled occupations. The number of sedentary jobs you can do will be significantly reduced if you have a visual limitation that prevents you from seeing small objects. Similarly, the sedentary jobs you can do will be substantially reduced if you are unable to avoid ordinary hazards in the workplace, such as boxes on the floor, open doors, or approaching people or vehicles.

Environmental restrictions

An “environmental restriction” is an impairment-caused need to avoid an environmental condition in the workplace, such as extreme cold or heat. Restrictions to avoid exposure to noise, dust and other respiratory irritants, and odors, if extreme, may significantly limit your ability to do a full range of sedentary work.

Other medical conditions

Your ability to perform sedentary work may be affected by other medical conditions, such as the following:

Dizziness
Headaches
Pain
Seizures
Inability to hold the head in flexed forward position
Skin conditions
Medical treatment including its frequency, duration, and disruption to routine
Medication side effects
Bladder or bowel problems that require frequent rest room use
Need to maintain a colostomy or ileostomy

An Ocala disability lawyer can review your medical records, identify all the limitations that may affect your ability to work, and determine how to best present the evidence to the Social Security Administration. For a free evaluation of your claim, contact experienced Ocala Social Security disability attorney Claudeth J. Henry. You may fill out the form on this page or call (352) 304-5300, whichever you prefer.

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

Proving you cannot do sedentary work: Overview

Friday, March 2nd, 2012

Sedentary work is the least physically demanding type of work recognized by the Social Security Administration. Most applicants for Florida Social Security disability benefits who are under the age of 50 and can speak and read English will need to prove that they are unable to perform a wide range of sedentary work in order to qualify for disability benefits.

What is sedentary work?

The Social Security Administration generally defines sedentary work as work that requires:

Lifting no more than 10 pounds at a time;
Occasionally lifting or carrying articles like docket files, ledgers, and small tools;
Periods of standing or walking that generally total no more than about 2 hours of an 8-hour workday;
Periods of sitting that generally total approximately 6 hours of an 8-hour workday; and
Good use of the hands and fingers for repetitive hand-finger actions.

How to prove you cannot do it

If your case requires you to convince Social Security that you cannot do most sedentary jobs, you will need to present evidence of your functional limitations—physical or mental restrictions that prevent you from being to perform one or more of the above requirements.

A number of functional limitations will prevent you from being able to perform a wide range of sedentary work. They include:

Standing and walking limitations;
Sitting limitations;
Manipulative limitations;
Mental impairments;
Visual impairments; and
Environmental restrictions.

An Ocala disability lawyer can help you determine which functional limitation(s) apply to you. Contact experienced Ocala Social Security disability attorney Claudeth J. Henry for an evaluation of your functional limitations and how best to present this evidence to succeed in proving your Florida Social Security disability claim. Complete the form on this page and we will respond promptly.

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

Claimants under 50: Proving you cannot do sedentary work

Thursday, February 23rd, 2012

Standing, walking, and sitting limitations

If you are under the age of 50, you will probably need to convince the Social Security Administration that you cannot perform most sedentary jobs to win benefits. Evidence of limitations in your ability to perform the specific functions required by sedentary work is crucial. Sedentary jobs require a certain capacity to sit, walk, and stand, among other requirements. Proof that you lack the minimum capacity to perform these functions can establish that there are few sedentary jobs that you can perform.

Standing and walking restrictions

For the most part, sedentary work requires the capacity to stand and walk intermittently for a total of two hours of an eight-hour workday. Any significant reduction in your ability to do this will decrease the range of sedentary jobs that may be available to you.

If you need to use a cane, the number of sedentary jobs you can do will be limited because sedentary work requires that you be able to retrieve and return objects. With only one hand free, you may not be able to carry some objects encountered on sedentary jobs.

The need to lie down during the work day will further restrict the pool of sedentary jobs you can do. Few sedentary jobs will accommodate the need to lie down.

Sitting limitations

The ability to sit for prolonged periods of time, approximately six hours of an eight-hour work day, is necessary to do most sedentary work.

The sedentary jobs you are capable of performing will be considerably reduced if you need to alternate periods of sitting with periods of standing. Depending on the frequency and duration of your need to get up, this limitation may be disabling.

Similarly, you may need to walk around from time to time. Depending the frequency and duration of the need to walk around, this restriction can eliminate many sedentary jobs because it will take you away from your work station.

You may need to periodically elevate one or both legs. Depending on how high your legs need to be elevated and for how long during the day, this limitation can also significantly reduce the number of sedentary jobs that you can perform.

An Ocala disability lawyer can help assess your standing and sitting limitations and their impact on your ability to work. Call (352) 304-5300 to arrange for a free consultation with experienced Ocala Social Security disability attorney Claudeth J. Henry.

Posted in Back Pain, Claims, Disability Claims, Eligibility, Social Security Disability | No Comments »

Questions After a Favorable Decision: Do you have any advice for dealing with the Social Security Administration to make sure I keep my benefits?

Sunday, February 19th, 2012

After you receive approval for disability benefits from the Social Security Administration, or SSA, you may feel a range of emotions including joy and relief. However, you may also be concerned about whether it will be difficult to continue dealing with the SSA and what you can do to make sure your benefits are not cut off.

Generally, your Ocala disability lawyer will inform you that it is easier to deal with the SSA after being approved for benefits than before. The SSA will periodically review your case to determine if you are still disabled and eligible for benefits. So long as you provide the SSA with the information it requests and continue to see your doctor regularly, you should not have a problem. Very few claimants receive a letter from the SSA notifying them that their disability benefits are going to cease.

In addition, there are certain things you can do to minimize problems with the SSA. You should read all information that you receive from the SSA completely. SSA booklets can provide you with valuable information regarding your benefits. Pay close attention to any information requested by the SSA and make sure to provide it promptly and in writing. Keep a copy of anything you send to the SSA. Also keep all documents that you receive from the SSA in a safe, easily accessible location.

You may want to visit your local Social Security office to speak to a representative in person if you have questions regarding your benefits. Many times, it is easier to speak to someone in person, rather than on the phone. Moreover, information you receive by calling the SSAs toll free number is not always accurate.

If you have concerns regarding whether you will be able to continue to receive disability benefits, contact an Ocala disability lawyer. Depending on your case, a lawyer may have additional recommendations regarding things you can do to help ensure you continue to receive your monthly disability benefits.

To schedule a free consultation with Ocala disability attorney CJ Henry, call (352) 304-5300 or fill out the form on this page.

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

Questions After a Favorable Decision: What is a continuing disability review?

Thursday, February 16th, 2012

As an Ocala disability lawyer, I know that successful claimants are sometimes worried about losing their benefits after a continuing disability review. The Social Security Administration, or SSA, performs continuing disability reviews to ensure that individuals receiving disability benefits are still disabled. The SSA usually performs a continuing disability review of each case every three years, but the SSA may choose to review a case more frequently for a variety of reasons. The Notice of Award that you receive following your initial disability claim approval may inform you regarding when to expect a review of your disability benefits.

A continuing disability review requires little effort from you. During a continuing disability review, you complete a form detailing your medical treatment, any changes in your condition since receiving approval for disability benefits, and if you have recently engaged in any work training or work related activities. You must answer all questions truthfully.

It is important to continue seeing your treating doctor after receiving disability benefits to strengthen the evidence that your disability benefits are necessary. Even if your condition is not improving with any treatment recommended by your treating doctor, it is essential to create a medical record of your condition. If a treatment is not successful, your treating doctor will record this information, thus strengthening your case for continuing to receive disability benefits. During your periodic review, the SSA may contact your treating doctor to determine if the doctor’s opinion of your condition has changed. If you are no longer seeing the doctor for treatment, the SSA may interpret this as an improvement in your medical condition, and deny any additional disability benefits.

You will receive a notice by mail if the SSA deems your disability benefits unnecessary. However, you can appeal the SSA’s decision. If you file an appeal within ten days of receiving the notice, you can continue to receive disability benefits while you pursue an appeal.

Call (352) 304-5300 or fill out the form on this page for a free consultation from Ocala disability attorney CJ Henry.

Posted in Claims, Disability Claims, Long Term Disability, Social Security Disability | No Comments »

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Archive for the ‘Claims’ Category

Focus your testimony on pertinent facts

Can you do other work? The Medical Vocational Guidelines and non-exertional limitations

Proving you cannot do sedentary work: Overview

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