The three requirements are:

1. The doctor must be an acceptable medical source,
2. The doctor must be a treating source, and
3. 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.

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:

1. You are disabled or blind.
2. You have limited income.
3. 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.

Your denial letter contains important information that will help your Ocala Social Security disability attorney determine whether your claim for disability benefits was denied in error and, if that is the case, how best to address that error on appeal. For example, your denial letter may say that your Florida Social Security disability claim was denied because you are able to “engage in normal activities.”  This is Social Security’s way of saying that their evaluators do not believe you have a “severe” physical or mental impairment.  A common reason why disability evaluators reach this conclusion is that they don’t have a claimant’s complete medical records.  Knowing this information, your Ocala Social Security disability attorney can work with your health care providers to complete the record.

Here is another example of helpful information that may be provided in your denial letter.  Your denial letter may state you were denied benefits because you are able to perform past relevant work or “lighter” work.  However, the letter may not specify which former job you are purportedly able to perform. Your Ocala Social Security disability attorney will likely be able to determine this by talking with you about your work history and determining your easiest job. Your Social Security attorney can then talk with you about your former job duties, the Social Security Administration’s definitions of “light” and “sedentary” work, and the limitations caused by your impairment. All of this information will help your disability attorney develop a persuasive and cohesive theme for your appeal.

If you would like to speak with an experienced Ocala Social Security disability lawyer about appealing the denial of your application for Florida disability benefits, please contact Claudeth Henry to discuss your case.

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 scale of 1-10, the duration of the pain, and what eventually alleviated the pain.

Besides pain, symptom diaries can be used to record other symptoms. For example, it may be appropriate for you to keep a fatigue diary, sleep diary, headache diary, hypoglycemic event diary, or an asthma/nebulizer diary.

Why is a symptom diary important?

There are several reasons that make a symptom diary important to the success of your case when it comes to the Social Security disability appeals process. First, your ability to give detailed testimony at your hearing will be a significant factor in the success of your claim. Second, the back log of Social Security disability claims results in a long wait between your initial application for benefits and the date of your hearing. Regardless of how sharp your memory is, your testimony will be more accurate, precise and, ultimately, more compelling, if you have a written record, such as a diary, on which to rely.

Contact a Florida Social Security disability lawyer

Contact experienced Florida disability lawyer Claudeth Henry to review the facts of your case, help you get started on a symptom diary, or to discuss your claim for benefits.

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:

1. 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
2. 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
3. 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.

• 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.

You may be surprised to learn that chiropractors appear on the list of “other” medical sources, a list that includes, among others, nurse practitioners and naturopaths. In fact, the administrative law judge hearing your Social Security disability case may consider chiropractic evidence to be the least reliable form of “other” medical source evidence. Accordingly, the judge presiding over your hearing may assign less weight to records from your chiropractor compared to records from other medical sources. Likewise, the judge may give less credibility to your chiropractor’s opinion regarding your impairment.

Due to the lack of credence given to chiropractic evidence in Social Security cases, you should not rely solely on chiropractic evidence to prove that you are “disabled” as defined by the Social Security Administration. You are advised to get an opinion regarding the existence of your disability from an “acceptable” medical source, such as a medical doctor. You may, however, rely on records from your chiropractor as additional evidence of the severity of your injury and its effect on your ability to perform your job duties. Thus, if regular chiropractic treatment provides you relief, you should continue to see your chiropractor, obtain an opinion from your chiropractor, and you or your Florida Social Security disability attorney should present this to the judge presiding over your case as supplemental evidence that you sought ongoing treatment for disabling pain.

For more information about your disability case, contact dedicated Ocala disability lawyer Claudeth Henry for a free consultation today. Simply fill out the form on this page or call (352) 304-5300.

1. See your doctors regularly and cooperate with their treatment plans: The Social Security Administration requires medical evidence to prove you are disabled.  The best way to ensure that you have that evidence is to visit your doctors regularly and to tell them about all your symptoms.  You should see your doctors as directed and comply with their treatment plans because the Social Security Administration expects that your goal is to become healthy again so you can go back to work.
2. Monitor your symptoms: Your symptoms (pain, fatigue, shortness of breath, etc.) and how they affect your daily activities are important indicators of why you are unable to work. A symptom diary is a good way to keep track of your symptoms.
3. Keep your records organized: In order to be awarded Florida Social Security disability benefits, you will need to complete a significant amount of paperwork and provide supporting documentation. At a minimum, you will need to gather all of your medical records and records from your past employers. To assist you in the organization of your records, you should adopt a filing system that is easy for you to understand and store these documents in a safe place that you can access easily. These records will be essential to you throughout the Florida Social Security disability claims process and, therefore, I recommend that you organize them early on.
4. Keep your records current: It is important to update your records on a regular basis. For instance, if you treat with a new doctor, add the doctor’s business card to your files. Keep track of your medications by keeping all of your empty prescription bottles.
5. Cooperate with the Social Security Administration: It is important to promptly and completely comply with the Social Security Administration’s requests for additional information or documents.  Similarly, make sure you attend any medical or psychological examinations scheduled for you by Social Security.
6. Plan for your disability hearing: You will probably be required to testify at a disability hearing before a judge before your claim for Florida Social Security disability benefits will be approved. You can prepare for your testimony by writing down any activities that you used to do, but can no longer manage because of your condition. These can be hobbies and leisure activities, or household chores, for example. You can also make a list of potential witnesses — friends, family, neighbors, co-workers –who can testify on your behalf regarding how your disability affects your daily activities. It is important for you to learn about the hearing process before your hearing date.

If you would like more advice on navigating the Florida Social Security disability benefits system, contact dedicated Ocala disability lawyer Claudeth Henry for a consultation.

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.

Vocational experts are actually more common at disability hearings than medical experts.  Unlike medical experts, VEs vary widely in their experience, knowledge, and prejudices.  The primary purpose of the vocational expert is to provide evidence that will enable the administrative law judge to deny the claim, although this may not be the motivation of every judge who appoints a vocational expert.  In general, the presence of a vocational expert means the case will be more challenging to win.  Therefore, it’s important to have help from an experienced Ocala disability attorney who has encountered VEs before and knows how to cross examine them. Cross-examining a VE effectively often requires knowledge of how that VE has testified in the past.

Vocational experts typically testify about what jobs a claimant can do considering the claimant’s residual functional capacity, age, education, and work experience.  Generally the administrative law judge will appoint a VE to testify when the judge has concluded that the claimant cannot do his or her past work as actually performed, but that the claimant may be able to do a former job as it is generally performed in the national economy or the claimant may be able to do other jobs.

Your Ocala disability lawyer will be able to answer any questions you have regarding the role of a VE in your case. In addition, if you feel as though hiring a VE to testify on your behalf may be beneficial to your case, raise this issue with your lawyer.

If you think you may qualify for Social Security disability benefits, contact Ocala disability lawyer CJ Henry today for a free initial consultation.