CJ Henry Law Firm - Your Disability Law Partner

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 or you Ocala disability lawyer will ask you about alternating between sitting, standing and walking. For example, if you need to alternate between sitting and standing, the ALJ may ask you how often you need to take a break to stand, and how long you must stand. In addition, if you must take breaks while sitting or standing to take a walk, the ALJ or you Ocala disability lawyer will ask you how often you need to walk, and how long before you can resume a sitting position. Finally, if you are able to stand for a significant amount of time, you will be asked questions about how long you can stand, and if you can work at a bench while standing.

The questions the ALJ asks during a disability hearing will vary according to the claimant’s condition. Before your hearing, Ocala disability attorney CJ Henry will take the time to explain to you exactly what type of question you will likely be asked. If you are not already represented by an experienced Ocala disability lawyer, contact CJ Henry today for a free initial consultation.

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 of the hearing room until it is the witness’ turn to testify. An ALJ may request that a witness wait outside while others are testifying if the ALJ believes it will make the witness’s testimony more credible. If a claimant does not want any witnesses to be present while the claimant testifies, the ALJ will respect the claimant’s decision and dismiss all witnesses from the hearing room.

In addition, if the claimant’s disability relates to a mental impairment, the claimant will not be present in the hearing room while the claimant’s family members and other witnesses testify. The claimant must wait outside to prevent the claimant and any witnesses testifying from becoming upset or unable to speak freely regarding the claimant’s condition. An Ocala disability lawyer may feel more comfortable asking the necessary questions if the claimant is absent from the hearing room.

To make an effective appeal at an Administrative Hearing you need an experienced Social Security disability lawyer. Call Ocala disability attorney CJ Henry today for a free consultation.

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 the claimant and the claimant’s attorney to hear all the information exchanged between the expert and the ALJ.

Video hearings make it difficult for the claimant’s lawyer to obtain the hearing exhibit file early enough to review it and submit new evidence in time for the hearing.  In addition, the claimant’s lawyer will not be able to review the hearing exhibits just before the hearing because the ALJ will have the file.  The claimant’s lawyer will have to ask to have any new exhibits submitted by SSA faxed to him or her just before the hearing.

Additionally, claimants and their attorneys should be careful about what information they discuss in the video conference room as it all may be heard by the ALJ.

These problems can be avoided by requesting an in-person hearing.  Unfortunately, requesting an in-person hearing before the ALJ can cause significant delay. In addition, if the claimant’s file is assigned to a favorable ALJ for a video hearing, asking for an in person hearing may cause the claimant’s case to be reassigned to an ALJ who may be less favorable.

Before your Administrative Hearing, your Ocala disability lawyer will consider all options and discuss with you the best method to proceed. If you’ve been denied Social Security disability benefits, contact knowledgeable Ocala disability lawyer CJ Henry today for a free initial evaluation of your disability claim.

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 not favor video hearings. This is because there is a perceived benefit to being able to talk to an ALJ in person. During an in-person Administrative Hearing, the claimant appears as a real person, in contrast to a name listed on a disability application or someone appearing remotely by video. In contrast, the SSA likes video hearings because the video hearing is more efficient and can save both time and money. In addition, a claimant will usually not have to wait as long to receive an Administrative Hearing if the claimant agrees to a video hearing.

If the claimant objects to a video hearing, the ALJ will change the date and time of the disability hearing to a time and place that the claimant will be available for an in person disability hearing. Therefore, if you and your Ocala disability lawyer are uncomfortable with a video hearing, you do not have to participate in one. However, if an expert does not wish to appear by video hearing, the ALJ will not extend the same rescheduling to accommodate an in-person hearing for experts. Unless a rare circumstance exists, the ALJ is not likely to grant an in-person hearing request by an expert. Therefore, an expert may be stuck appearing by video hearing only.

An experienced Ocala disability lawyer will be able to help you decide whether a video hearing is the best option in your case.  If you are not already represented by an Ocala disability lawyer, contact CJ Henry today for a free initial consultation.