CJ Henry Law Firm, PLLC

2303 East Fort King Street
Ocala, FL 34471

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CJ Henry Law Firm, PLLC

Resources

  • By: Claudeth Henry, Esq.

Subjective Evidence and Your Credibility Your Ocala Social Security disability attorney knows that objective evidence is important in any back injury case, but also knows that the Social Security Administration (SSA) must take into account subjective evidence such as your medical history, your credibility and the consistency of your complaints. The SSA will examine how consistent your subjective complaints of pain have been: - Is there an overall consistency over time? - Are your complaints the same with every doctor you have seen? - If there are inconsistencies, can they be explained by changes in your symptoms over a period of time? The SSA will look at various things when assessing your credibility: - How have you gone about seeking…Read More

  • By: Claudeth Henry, Esq.

When applying for Social Security disability benefits, the Social Security Administration (SSA) will want to know exactly how able-bodied you are and what levels of physical exertion you can handle. You and your Ocala disability lawyer will need to closely identify where your physical abilities fall on the spectrum of physical exertion levels for those afflicted with physical impairments. Social Security Administration classification Although you can use the same physical exertion levels laid out in the Dictionary of Occupational Titles (DOT) for the purposes of SSA classification, those levels published in the DOT tend to change often. The details of classifications are frequently revised, and it would be best for your and your  Ocala disability lawyer to revisit the most…Read More

  • By: Claudeth Henry, Esq.

The problem mentioned most frequently by Social Security disability applicants is low back pain resulting from a back injury. The challenge is to prove that your pain is real and disabling. SSA Consideration of Back Pain Evidence The SSA will examine three factors when determining the severity of your back injury impairment: Objective abnormalities Reported pain and other symptoms Credibility Objective Medical Evidence Not Conclusive Many claimants suffer pain and limitation of motion but have insignificant neurological findings.  It is entirely possible for a claimant to be disabled but exhibit very little objective evidence of impairment.  A chronic back strain with no evidence of x-ray changes may still be disabling. Magnetic resonance imaging (MRI), computerized tomography (CT), and x-rays of…Read More

  • By: Claudeth Henry, Esq.

If you or someone you know is experiencing great difficulty walking, it's time to get in touch with experienced Ocala disability lawyers who can assist you in seeking Social Security disability benefits to help provide support with this impairment. Musculoskeletal limitations If you are suffering from joint dysfunction or arthritis, and your ability to walk has become limited, your disability may qualify as a musculoskeletal disability. This type of disability is considered relatively extreme because it limits your ability to ambulate effectively – your Ocala disability lawyers will not have a difficult time proving why your disability necessitates financial assistance. Social Security Administration guidelines state that this type of impairment greatly interferes with your ability to live life freely, because…Read More

  • By: Claudeth Henry, Esq.

If your Social Security disability hearing will involve a vocational expert, your Ocala disability attorney may decide to brief you on the role of the vocational expert (VE) in your case and his or her duties in court. Their testimony serves several purposes, but vocational experts should not overstep certain boundaries. Duties of the Vocational Expert A vocational expert testifies at a Social Security disability hearing before the administrative law judge (ALJ) in order to provide him or her with vocational information that will assist any decisions regarding your ability to perform work despite impairment. The ALJ will ask the VE certain questions, such as: Is the claimant capable of performing past relevant work? If the claimant is not capable…Read More

  • By: Claudeth Henry, Esq.

To the average person, Medical-Vocational Guidelines probably sound very complex and intimidating.  But to an Ocala Social Security disability attorney, Medical-Vocational Guidelines are simply part of the everyday world of disability benefits. Why were Medical-Vocational Guidelines created? Medical-Vocational Guidelines were created by the Social Security Administration to determine the number of jobs that exist for those with residual functional capacity (RFC), depending on the person’s age, work experience, and education. In those cases where disability is difficult to determine, the Medical-Vocational Guidelines are used to establish the rules for assessing disability based upon the impact of the person’s education, work history, and age. Does age affect the Medical-Vocational Guidelines? Age does make a difference in determining your RFC. It is…Read More

  • By: Claudeth Henry, Esq.

Witnesses are essential figures in most Social Security disability hearings, since they provide eyewitness evidence of a claimant’s disabilities. That does not necessarily mean that all witnesses are equally useful, however, so it is your Ocala Social Security disability lawyer’s responsibility to weed out the least useful witnesses. Types of Witness Testimony Witnesses can provide either weak or strong testimony. Weak testimony is often characterized by vagueness, brevity, and unsubstantiated claims. Strong testimony is noticeable for its detailed descriptions, characterization job duties, and comparisons between an able worker and a disabled worker. Your Ocala Social Security disability lawyer should have the practice and education to spot the difference. Examples of Weak Testimony “I work as an operating line attendant in…Read More

  • By: Claudeth Henry, Esq.

These are some of the questions that the Social Security adjudicators will examine regarding your case when you apply for disability benefits: Can the demands of the claimant’s prior work be met by the claimant, either as that work is generally performed in the national economy, or as actually performed by the claimant? Regulations provide that expert opinion testimony may be offered to answer this question. Does the claimant possess skills that can be transferred to a sizable field of work? While this issue does not arise often, an Ocala disability lawyer recognizes that younger claimants may find they are denied benefits based upon the capacity for unskilled work even if it is determined they have no transferable skills.  For…Read More

  • By: Claudeth Henry, Esq.

You've successfully applied for disability benefits and received your Notice of Award, but your relationship with your Ocala Social Security disability attorney may not be over yet. The Social Security Administration (SSA) requires a “continuing disability review” to ensure that disability benefit recipients still require financial assistance. The Review Every three years, the SSA will conduct a review of your impairments and other relevant aspects of your life. Your Notice of Award should offer a date when you can expect this review to occur. Depending on your case, the SSA may decide to review you more often than every three years. To complete the review, you will be asked to fill out a form with information about your life. The…Read More

  • By: Claudeth Henry, Esq.

Determining if, when and how to pay taxes on your Social Security benefits, can be a perplexing process. Speak with an Ocala Social Security disability lawyer about your benefits and to see if these general guidelines may apply to you. Do I pay? To decide if you must pay taxes on your Social Security Disability benefits, you will need to examine your marital status, income, and a special IRS formula for designating taxable portions of your benefits. Your Ocala Social Security disability lawyer can help you determine your own eligibility for taxes. Most claimants will not pay taxes, but it's important to be absolutely sure you are free of responsibility. If you are part of a couple whose combined income…Read More

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