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Archive for the ‘Depression’ Category

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.

Proving you cannot do sedentary work: Mental limitations

Wednesday, March 7th, 2012

Social Security disability claimants under the age of 50 typically must prove that they are incapable of performing most sedentary jobs. Mental and emotional problems, either alone or in conjunction with physical limitations, may severely restrict the sedentary jobs a claimant is capable of handling.

Sedentary jobs are the least physically strenuous types of work.  But they still require some ability to sit, stand, lift, carry, and manipulate objects.  As discussed in previous posts, significant limitations in these areas may lead to a finding of disabled.

In addition to physical abilities, all jobs, even sedentary jobs required certain mental abilities.  To be capable of performing any competitive, paid work, an individual must be able to:

  • Respond appropriately to supervisors, co-workers, and work pressures in a work setting.
  • Manage changes in a routine work setting.
  • Comprehend, remember, and carry out simple instructions.
  • Make simple work-related decisions.

A substantial loss of any of these abilities will seriously limit the number of unskilled sedentary jobs a person can do and justify a finding of disability.

If a claimant has some problems in any of these areas, but the problems do not amount to a substantial loss of the ability to perform these basic work activities, the claimant may or may not be disabled.  The administrative law judge or other decision maker will assess the claimant’s remaining capacities and make a judgment as to their effects on his or her ability to hold down a job.

Ocala disability lawyer CJ Henry can work with your doctor to identify all the physical and mental limitations that may affect your ability to perform a sedentary job.  She will help you gather the evidence and present it persuasively to the Social Security Administration. Contact experienced Ocala Social Security disability attorney Claudeth J. Henry for a free evaluation of your claim.

 

 

Depression and Pain: Is it all in your head?

Wednesday, February 4th, 2009

Pain and depression are among the leading causes of long term disability. According to a literature review, on average 63 % of patients with depression experience one or more pain complaint and depression is present in 5% -85% (depending on the study setting) of patients with pain conditions. [Matthew J. Bair, MD, MS; Rebecca L Robinson, MS; Wayne Katon, MD and Kurt Kroenke, MD Arch Intern MED/Vol 163, Nov 10, 2003]

Insurance carriers love to see these conditions in your medical records because those conditions allow them to limit or deny benefits caused by self reported symptoms. You should know there are ways to objectify your complaints. Therefore, you must seek legal representation should your insurance claim be denied based on a self reported condition.

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CJ Henry Law Firm, PLLC
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Phone: 352.304.5300
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