Resources
What is the criteria for determining the extent of a person's disability in a Social Security disability case? Although a doctor's professional opinion is solicited, that opinion will undoubtedly vary based on who you ask. Guidance on these matters can be provided by Ocala disability attorneys. Ocala Disability Attorneys Discuss Subjectivity When Assessing a Patient's Capacity to Perform Work Activities Over a Sustained Period The Social Security Administration's Code of Federal Regulations addresses the issue of subjectivity, recognizing that claimants are restricted by symptoms which are subjective and hard to quantify [20 C.F.R. § 404.1529(c)(3)]. It is further acknowledged that clinical or laboratory diagnostic techniques cannot objectively assess a claimant's symptoms [SSR 96-7p]. What a Doctor May Be Asked to…Read More
While the Social Security Administration feels that videoconferencing is an effective way to save time, most of the participants tend to disagree. Disability claimants usually prefer to explain their situations to the administrative law judge when they are in the same room together. As your Ocala disability lawyers can tell you, a videoconference is simply not the same as speaking to the ALJ in person. The SSA Will Attempt to Overcome Your Reluctance According to literature provided by the SSA, a hearing via videoconference differs from a physical hearing only in the technology involved. The SSA also maintains that this is better for you, since a video hearing spares you the inconvenience of having to travel to meet with the administrative law… Read More
The five step sequential evaluation process determines whether a person can be classified as disabled. Step three requires that a claimant's medical conditions, symptoms and test results meet at least one of the impairments listed in the Social Security Administration's Listing of Impairments. An Ocala disability attorney can guide you through this often complicated process, and inform you regarding the Listing, which is a set of medical criteria found in the administration's disability regulations. Your Medical Signs Compared to the Listing of Impairments It is possible that your impairment may not be found in the SSA's listing. However, an Ocala disability lawyer can argue that your conditions are medically equivalent to one in the listing. There are four situations in…Read More
Good Days, Bad Days Your Ocala Social Security disability attorney is aware that your disability may cause some days to be better for you than others. This can affect your testimony, since you may not be able to stand, sit or walk as easily on a bad day as you would be able to on a good day. The disability judge will want to know about your good days as well as your bad days; therefore, you should describe exactly how your daily activities are affected on either kind of day. In addition, your Ocala Social Security disability attorney will advise that you have an answer for the judge if he or she asks you to estimate how many of… Read More
How Will I Know When My Hearing Will Take Place? Your Ocala disability attorney will first notify you of the hearing date; later, the administrative law judge will send you a Notice of Hearing. What Does It Mean if I Receive a Notice of Hearing From the Judge Before Hearing From My Attorney? This may mean that your Ocala disability attorney was not informed about the date of your hearing. It is important that you contact your attorney immediately and inform him about the hearing date. How Much Time Is Required for My Hearing to Be Held and a Decision Rendered? No set time period exists between a request for a hearing and the issuing of a decision. The national… Read More
Common vocational issues that come up in Social Security disability cases involved the physical and mental demands of the claimant’s former jobs. Your Ocala disability attorney can explain these issues in further detail. Physical and Mental Demands of Past Relevant Work In the majority of disability cases, the issue of a claimant’s physical and mental demands at a former job does not need to be explained by a vocational expert. The disability examiner generally gets the necessary information he or she is looking for in making a decision based on the information provided the Social Security guidelines. But if either your Ocala disability attorney or the judge has requested a vocational expert at the hearing for another issue, the expert… Read More
Common vocational issues that come up in Social Security disability cases involved the physical and mental demands of the claimant’s former jobs. Your Ocala disability attorney can explain these issues in further detail. Physical and Mental Demands of Past Relevant Work In the majority of disability cases, the issue of a claimant’s physical and mental demands at a former job does not need to be explained by a vocational expert. The disability examiner generally gets the necessary information he or she is looking for in making a decision based on the information provided the Social Security guidelines. But if either your Ocala disability attorney or the judge has requested a vocational expert at the hearing for another issue, the expert… Read More
It is very important that you provide as much detail as possible when answering questions asked by the administrative law judge at your Social Security disability hearing. Your answers will have a direct effect on the outcome of your trial. As such, your Ocala Social Security disability attorney will prepare you for the possible questions that a judge will ask so that you provide the necessary detail the judge is looking for. The ALJ will generally tailor his or her line of questions to claimant’s specific medical condition. If you are seeking disability benefits for the medical condition of shortness of breath, you can expect to be asked the following questions by the ALJ: What causes your shortness of breath?…Read More
A Social Security disability hearing is private and less formal than a typical courtroom trial. But regardless of the informality of the disability hearing, there are still certain procedures that will take place. Although your Ocala Social Security disability lawyer will give you the details, below is a brief overview. Unlike typical courtroom trials, you will not need to be sworn in by a clerk. The administrative law judge (ALJ) will generally commence the hearing by giving an overview of the history of your case and the issues that need to be addressed and decided at the hearing. Some judges also recite what you will need to prove. Instead of providing a simple and well-defined explanation, they give a broad… Read More
Adequate preparation is key to a successful Social Security disability hearing.Ocala disability lawyers will meet with their client prior to their disability hearing to go over the necessary evidence they need, how they should dress, and how they should act at their hearing. Below are some tips you should consider for a successful disability hearing: You need to make sure your medical and employment documents are updated and in order for the day of your disability hearing. Although you do not have to wear a designer suit, you should also not go to your hearing in jeans and a t-shirt. Instead, you should be dressed in business casual attire. Never discuss your case in the hallways outside of your hearing… Read More