Disability Claims – Ocala Disability Attorney

Archive for the ‘Disability Claims’ Category

Finding a Good Lawyer for your Ocala Social Security Disability Case

Monday, April 16th, 2012

One of the most important decisions you will make in the Social Security disability process is to hire an experienced and qualified Ocala disability attorney to represent you. Government statistics show that Social Security claimants who have disability lawyers are more likely to be approved for benefits than those who do not. Why is hiring a competent disability attorney so important?

Disability attorneys know exactly what information the Social Security Administration requires to make a decision in your favor and they know how to get it.
Disability attorneys are often able to develop the evidence more thoroughly than Social Security staffers who must process a large number of applications with significant time constraints.
Disability attorneys know how to prepare their clients in order to improve their effectiveness and credibility as witnesses.

What kind of attorney should you hire to handle your Ocala Social Security disability claim?

A skilled and experienced Ocala Social Security disability can help you navigate the thousands of pages of Social Security disability law, which changes frequently. To help you through this process, you will need a disability lawyer who specializes in Social Security disability law and is current on the latest developments that may affect your disability case.

It is essential that your lawyer meet with you in person before you hire him or her. The most important trait you should look for in an Ocala disability lawyer is a willingness to listen to your story carefully enough to learn and understand the key facts about your medical history and work problems. This information is important for your lawyer to prepare a plan to win your Ocala disability case.

If you would like to discuss your disability case with a qualified Ocala Social Security attorney who will take the time to listen, contact Claudeth J. Henry today. Your initial consultation is free.

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

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 »

Getting ready to testify at your Florida Social Security disability hearing

Monday, April 9th, 2012

If you are applying or have applied for Florida Social Security disability benefits, you will probably have to testify at a hearing before an Administrative Law Judge (ALJ). You may be quite anxious, but you needn’t be. If your hire me as your Ocala Social Security lawyer, I will meet with you before your hearing to provide you with the practical guidance and emotional support that you need.

When we meet to prepare for your hearing, we will talk about your impairment and the issues in your disability claim and get you ready to testify. One of my main goals during our meeting is to relieve any worries you may have. You will be a better witness if you are not unduly apprehensive about testifying.

We will review the topics that you will be asked about such as: your education and training, job history and occupational abilities, medical impairments and therapies, physical capacities, and your daily routines, activities and limitations. I will give you some tips for testifying. Because the hearing is recorded, you must speak loudly and clearly enough for the microphones to record what you say. It’s important that you testify honestly, that you describe your circumstances accurately, and that you don’t overstate or understate your impairments. You should describe how your condition limits your activities or causes pain when you do certain tasks. You should inform the ALJ about particular difficulties in your day-to-day life.

I will explain the logistics, such as where to go, what time to be there, and what to wear. I will tell you exactly what you can expect to happen at the hearing and how the ALJ will conduct it.

The best way to make the hearing process go smoothly is to hire an experienced disability lawyer to help you prepare ahead of time. If you have some idea of what questions the judge is likely to ask and what answers will best convey the information he or she needs to find you disabled, you will be more relaxed and your testimony will come across better.

If you have been denied Florida Social Security disability benefits, contact the CJ Henry Law Firm at (352) 304-5300 for a free claim evaluation

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

Common issues in Florida Social Security disability claims involving alcoholics and drug addicts

Friday, April 6th, 2012

Separating mental impairments resulting from addiction from mental impairments not caused by addiction

It is particularly helpful to have an experienced disability lawyer assist you with your Florida Social Security disability claim when documented substance use disorders and mental impairments are involved. As an experienced Ocala disability lawyer, I know that these are some of the most complicated and difficult disability claims because it is extremely difficult to differentiate between mental limitations resulting from substance use versus mental limitations resulting from other causes. If you have mental impairments that would diminish sufficiently to allow you to work if you stopped using drugs or alcohol, you will not be disabled.

Because of this, the Social Security Administration suggests that the most useful evidence come from a period when the claimant is not using drugs or alcohol.

Prejudice against alcoholics and addicts

While alcoholism and drug addiction can be common issues affecting our society today, Florida disability claimants who suffer from these afflictions can often be viewed with prejudice by Social Security Administration adjudicators.

As an Ocala disability lawyer, the best thing I can suggest to an Ocala disability claimant suffering from alcohol or drug addiction is to stop drinking or using drugs. The greatest evidence of disability that can be presented in a case that involves drug abuse or alcoholism comes after a claimant has stopped using drugs or alcohol. It is much easier to prove a Florida disability case if a claimant remains incapable of working after a significant period of sobriety. However, it will do a claimant no good to lie that he or she has stopped using drugs or alcohol. Indeed, lying about this will likely make the case more difficult to win.

Florida Social Security disability cases involving drug addiction or alcoholism can be very complex. Contact dedicated Ocala disability lawyer Claudeth J. Henry for help with your disability case.

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

Mental limitations and your ability to adapt to new work

Wednesday, April 4th, 2012

The Social Security Administration will need to determine your mental residual functional capacity or RFC if you have a mental disorder. This involves an evaluation of the extent to which your mental impairment affects your ability to perform work- related activities, including your ability to retain information, concentrate, interact with others and adjust to change.

A mental RFC assesses whether you have the capacity for skilled, semiskilled, unskilled, or below unskilled work.

Many jobs require only unskilled work. Unskilled work involves uncomplicated tasks that can be learned on the job in a short period of time, usually 30 days or less, and that require little or no judgment on the part of the worker. An example of an unskilled job is machine tending (feeding or removing materials from machines that are automatic or operated by others).

The Social Security Administration will likely not approve your application for disability benefits if you have the mental ability to perform at least unskilled work, unless you also have a physical impairment that limits your work capacity.

On the other hand, if you have a clear impairment in any of the abilities required for unskilled work, you will be awarded Social Security disability benefits, even if you do not have a physical impairment. In order to qualify, you must show that you have a substantial loss of the ability to meet any of several basic work-related activities on a sustained basis, defined as 8 hours a day, 5 days a week, or an equivalent work schedule.

Mental activities that are generally required by competitive, paid, unskilled work include:

Responding appropriately to supervision, co-workers, and work pressures in a work setting.
Managing changes in routine.
Comprehending, remembering and carrying out instructions.
The ability to make simple work-related decisions.

The Social Security Administration will assess your RFC based on all the relevant evidence in you case record, such as:

Medical records;
Medical history;
Medical reports;
Medical signs and laboratory findings;
Medical source statements from treating physicians;
Effects of treatment, including limitations or restrictions imposed by the mechanics of treatment (e.g., frequency of treatment, duration, disruption to routine, side effects of medication);
Effects of symptoms, including pain, that are reasonably attributed to a medically determinable impairment;
Reports of daily activities;
Lay evidence;
Observations of your limitations from your impairment provided by you, your family, neighbors, friends or other persons;
Recorded observations;
Evidence from attempts to work;
Need for a structured living environment; and
Work evaluations, if available.

If you are seeking Florida Social Security disability benefits and would like help from a skilled Ocala disability lawyer, contact Claudeth Henry. To schedule your free initial consultation, complete the form on this page or phone (352) 304-5300.

Posted in Disability Claims, Eligibility | 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 »

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 »

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 »

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Archive for the ‘Disability Claims’ Category

Focus your testimony on pertinent facts

Getting ready to testify at your Florida Social Security disability hearing

Common issues in Florida Social Security disability claims involving alcoholics and drug addicts

Mental limitations and your ability to adapt to new work

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

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