CJ Henry Law Firm, PLLC

2303 East Fort King Street
Ocala, FL 34471

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CJ Henry Law Firm, PLLC

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  • Published: January 29, 2012

As an experienced Florida Social Security disability lawyer, I suggest that you keep at least one symptom diary to assist you in obtaining disability benefits in Florida. What is a symptom diary? A symptom diary can come in many written forms: notebook, journal, wall calendar, chart, or spreadsheet. Routinely recording the nature (frequency, duration, intensity, etc.) of your symptoms and the impact of your symptoms as they occur will serve as your “symptom diary.” For example, pain is a disabling symptom of many impairments that result in Social Security benefits for Florida disability claimants. A pain diary will allow you to track your pain on a daily basis including where the pain localized, the intensity of the pain on a…Read More

  • Published: December 22, 2011

If you apply for Social Security disability benefits because of a mental impairment, the Social Security Administration will evaluate your mental “residual functional capacity” (RFC). Mental RFC is your ability to perform basic work-related activities, despite the limitations caused by your mental impairment. If you have experienced a significant loss of ability to perform basic work-related, mental activities, you may qualify for disability benefits. To be capable of performing paid unskilled work, you need to be able to: • Understand, remember, and follow simple instructions. • Make simple work-related decisions. • Respond appropriately to supervisors and co-workers, typical work situations; and changes in the work routine. Your claim for disability benefits may have been denied erroneously because the SSA incorrectly…Read More

  • Published: November 8, 2011

Pain is subjective so it is difficult to prove to the ALJ how bad your pain really is. If pain is a significant reason why you are unable to work, your Ocala disability lawyer may ask your spouse, or other witness who knows you very well, to testify about your pain at your Social Security disability hearing. In testifying about your pain, your spouse or other witness must describe in detail his or her observations of how your pain has affected your life.  Testimony that: “My wife can’t work because she has a lot of pain,” won’t do much to help the judge understand how severe your pain is.  Instead, your spouse or other witness should try to describe any…Read More

  • Published: September 16, 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…Read More

  • Published: September 14, 2011

If you received a Social Security disability claim denial, you can appeal the denial at a disability hearing. During a Social Security disability hearing, you will testify before an Administrative Law Judge (ALJ) about your medical condition. The ALJ and your Ocala disability lawyer can ask you questions about your condition, including how the condition affects your ability to engage in substantial gainful activity. If you suffer from fatigue and it affects your ability to maintain a job and complete routine tasks, describe the fatigue so that the ALJ can gain a better understanding of why the fatigue makes you eligible to receive Social Security disability benefits. Both the ALJ and your Ocala disability lawyer can question you during the…Read More

  • Published: September 13, 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…Read More

  • Published: September 10, 2011

In a Social Security disability hearing, the Administrative Law Judge, ALJ, or your Ocala disability lawyer will ask you questions related to your past work experience to determine what kind of work you used to perform and whether you are still capable of performing it. Generally, the SSA considers “past relevant work” to be substantial gainful activity within the last 15 years. You can expect the ALJ and your attorney to ask you the same questions for each job that you have held within the last 15 years. First, an ALJ or your Ocala disability lawyer will question you about the job’s background information. For example, it is important to know the name of the job, the employer and how…Read More

  • Published: September 9, 2011

An Administrative Hearing for a disability benefit appeal is a private hearing. An Administrative Law Judge, or ALJ, oversees an Administrative Hearing and will be present in addition to a judge’s assistant. A judge’s assistant will operate a tape recorder to capture all testimony during the hearing. You and your Ocala disability attorney will be present in the hearing room in addition to any witnesses that either you or the ALJ has requested to testify in the hearing. Observers can be present in an Administrative Hearing room at the approval of both the claimant and the ALJ. During the claimant’s testimony, some ALJ’s allow witnesses to be present in the hearing room, while other ALJ’s request that witnesses wait outside…Read More

  • Published: September 7, 2011

If you receive an unfavorable decision from the Social Security Administration, or SSA, regarding your disability benefit application, you can appeal the decision by requesting an Administrative Hearing. During an Administrative Hearing, an Administrative Law Judge, or ALJ, hears evidence regarding the claimant’s medical condition. An Administrative Hearing can be in person or by video conference with the ALJ at one location and the claimant and his or her attorney at a different location. If the hearing is by video conference, unique problems may arise. For example, an ALJ can ask an expert witness to testify regarding the claimant’s condition or ability to find employment. The expert may be at the same location as the ALJ, making it difficult for…Read More

  • Published: September 5, 2011

If you have a medical condition that impacts your ability to work, you may be eligible to receive disability benefits. The Social Security Administration, or SSA, denies the majority of disability applications that the SSA receives. However, an Ocala disability lawyer will help you appeal a disability denial. If you appeal a Social Security disability benefit denial, you can request an Administrative Hearing before an Administrative Law Judge, or ALJ. In most Administrative Hearings, the claimant appears before the ALJ in person to explain to the ALJ why the claimant should receive disability benefits. However, the SSA encourages claimants to conduct their disability hearings by video. A video hearing has both advantages and disadvantages. Generally, claimants, ALJs, and experts do…Read More

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