Eligibility – Ocala Disability Attorney

Archive for the ‘Eligibility’ Category

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 »

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 »

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 »

Requirements for Your Doctor’s Opinion to Be Controlling

Tuesday, January 31st, 2012

If three requirements are met, the Administrative Law Judge (ALJ) must give your treating doctor’s opinion controlling weight,which means he will adopt your doctor’s opinion regarding the extent of your disability.

The three requirements are:

The doctor must be an acceptable medical source,
The doctor must be a treating source, and
The doctor’s opinion must be well supported.

Acceptable medical source. Not all health care providers are acceptable medical sources. According to the SSA, the doctor providing the opinion must be a physician (M.D.or D.O.), psychologist, optometrist, a speech language pathogist, or a podiatrist. The opinion of any other type of provider, such as a chiropractor or nurse practitioner, will not be given controlling weight by the SSA, but may be considered along with other available medical evidence in your file.

Treating source. Next, the doctor must be a treating source, which means that the doctor must be caring for you. If you go to see the doctor for an evaluation just to get a medical opinion for Social Security, the doctor will not be considered a treating source.

Well-supported opinion. The treating doctor must use standard, medically recognized techniques to assess your condition and formulate his or her opinion. In addition, the doctor’s opinion must not be inconsistent with other substantial evidence in your medical record.

A medical opinion from your treating doctor that has controlling weight is highly desirable evidence that often leads to a favorable result.

If you are applying for Social Security disability benefits in the state of Florida, call (352) 304-5300 to get in touch with an experienced Ocala Social Security attorney at the CJ Henry Law Firm. We can assist with all aspects of your case, including obtaining an opinion from your treating doctor.

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

What is the difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

Monday, January 30th, 2012

The Social Security Administration manages two programs that provide benefits based on disability or blindness: the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program.

Social Security Disability Insurance (SSDI)

SSDI provides benefits to disabled or blind individuals who are “insured” by workers’ contributions to the Social Security trust fund. This program is financed with Social Security taxes paid by workers, employers, and self-employed persons. These individuals have worked recently enough and long enough (normally, 40 quarters of work and disability beginning within 5 years of the qualifying work), to become eligible. SSDI operates like a private Florida disability insurance policy. Your Social Security contributions are based on your earnings and your Social Security taxes are deducted from your paycheck, in the same way that you would pay premiums on an insurance policy. Consequently, if you stop working and, therefore, stop paying Social Security taxes, your insured status will lapse, just as it would on a private policy if you stopped paying the premiums. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI)

In comparison to SSDI, SSI is a needs-based program that pays Florida disability benefits. SSI benefits are not based on your prior work history. Rather, the Federal Government funds SSI from general tax revenues. You must meet the following basic criteria to qualify for SSI:

You are disabled or blind.
You have limited income.
You have limited assets.

The Social Security regulations define “disability” and establish how much income and assets you can have and still be eligible for the program.

If you would like more information about Social Security Disability (SSDI) or Supplemental Security Income (SSI) cases, contact experienced Ocala Social Security disability attorney CJ Henry for a consultation. Complete the form on this page or call (352) 304-5300.

Posted in CJ Henry Law Firm Blog, Claims, Disability Claims, Eligibility, 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 »

Social Security Disability Benefits for Obesity

Thursday, January 19th, 2012

If you suffer from a medically determinable physical or mental impairment that prevents you from working, you may be eligible to receive Social Security disability benefits. Obesity is recognized by the Social Security Administration (SSA) as a medically determinable impairment. If obesity makes working difficult or impossible for you, your Ocala disability lawyer may recommend that you file a claim for disability benefits.

In reviewing a disability claim based on obesity, the SSA will evaluate what work-related functions a claimant can perform despite the limitations caused by obesity. Obesity can severely limit a claimant’s ability to work for a number of reasons. For example, the obese claimant may have difficulty with job requirements such as walking, standing, sitting, stooping, and bending. He or she may suffer from fatigue caused by sleep apnea. Depression may also be a problem.

Although the SSA expects you to follow your doctor’s prescribed treatment, denial of benefits for failure to follow prescribed treatment rarely occurs in obesity cases. One reason is that a doctor’s advice to eat a better diet and exercise more is not a “prescribed treatment.” Prescribed treatment must be a form of treatment prescribed by your doctor that is expected to restore your health and your ability to work.

Although drugs and surgery can be used to treat obesity, Medicare and most private health insurance plans do not cover these treatments. If your doctor prescribes drugs or surgery that you cannot afford to treat your obesity, you have a valid excuse for not following the doctor’s prescription.

If you believe you have a claim for Social Security disability benefits based on obesity, or any other medical condition, a knowledgeable and compassionate Ocala disability lawyer may be able to help. Please contact the CJ Henry Law Firm at (352) 304-5300 if you would like to talk to us about your case.

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

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Archive for the ‘Eligibility’ Category

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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