Resources
When you have been approved for Social Security disability benefits, there are a few things to keep in mind regarding your payments, problems that might occur, and your eligibility for Medicare. Consult an experienced Ocala Social Security disability attorney to discuss how these details will factor into your disability benefits. When will I get paid? Once you have been approved for benefits, your first check should arrive one month after receiving a check for any past-due benefits, unless you receive a regular monthly benefit check first. Your payments will always pay for the previous month; for example, a check sent in April pays for March. Depending on your own birthdate, the check will arrive on the second, third, or fourth…Read More
A Government Vocational Expert, or VE, may play a large role in your Social Security Disability case and its level of success. Speak with experienced Ocala disability lawyers who can help you prepare for the issues that might arise in your case when a VE is asked to testify. What is a VE? In a Social Security disability case, the purpose of vocational expert testimony is for the Social Security Administration (SSA) to meet their burden of proof if they wish to deny you Social Security benefits. The SSA may then bring in a Vocational Expert, who is there to testify as to whether you are capable of performing work or if you are clearly eligible for benefits. VEs are…Read More
An Ocala disability attorney is aware that the extent of your physical impairment is the main issue in your disability hearing, and that the most important part of your testimony is how you describe your symptoms. If you are able to give a tenable, comprehensive description of your symptoms, your Ocala disability attorney knows you will be that much closer to winning your case. The following list of potential questions your Ocala disability attorney might ask pertain to different aspects of your disability symptoms. Physical Symptoms Pain Description What is the nature and location of your pain? What caused this pain? Has there been a remission of your pain? If so, what caused it and how long did it last?…Read More
Medical records are used to establish your medical history. Usually the ALJs have reviewed the medical records and noted the relevant facts for use at the hearing, rendering detailed testimony about your medical history unnecessary. Due to the 12-month disability requirement, the most important aspects of your disability case history are the plateaus, not the valleys or peaks. A time frame for the testimony regarding the plateaus can be established by your medical history. The nature of your case will affect the degree to which the judge or your Ocala Social Security disability attorney will question you regarding your medical history. Some cases require more development of medical history. These types of cases typically include unusual impairments, the employment of…Read More
Once you have requested a hearing, but before it is actually held, an attorney advisor (who also writes decisions for ALJs) may request supplemental evidence and then conduct an informal prehearing conference, which usually consists of a telephone call to your Ocala Social Security disability lawyer.You may receive a fully favorable decision from the attorney advisor, and if so, the request for a hearing will be dismissed unless you make another request to proceed with the hearing before 30 days have passed after the attorney advisor’s decision. The authority to review an attorney advisor’s decision is held by the Appeals Council and not an ALJ. You have the option of attending the ALJ hearing in person or by video teleconferencing.…Read More
Applying for Social Security disability benefits is a long and complicated process, especially if you are suffering from arthritis or joint dysfunction. One of the various ways that your Ocala Social Security disability lawyer can prove your case to the Social Security Administration (SSA) is to show that you cannot “ambulate effectively.” What Is Ineffective Ambulation According to the SSA? A person who cannot ambulate effectively has extreme limitations in his or her ability to walk. In other words, if you are suffering from this disability, you cannot independently initiate, sustain or complete activities as a result of insufficient functioning of your legs The SSA groups people who suffer from ineffective ambulation under the musculoskeletal listings. To meet this listing,…Read More
If you are applying for Social Security disability benefits and have a physical condition that makes it difficult to walk, your Ocala Social Security disability attorney can prove your case by showing that you cannot effectively ambulate. The Test for Effective Ambulation The common belief amongst disability claimants is that in order for the Social Security Administration (SSA) to determine that you cannot ambulate effectively, you must rely on a walker or two canes. On the contrary, the SSA acknowledges that not all claimants with an extreme inability to ambulate necessarily use assistive devices. The real test the SSA uses to determine whether a claimant can ambulate effectively is to see whether the claimant can walk a block at a…Read More
In filing a successful Social Security disability claim for back pain, your Ocala disability attorney needs to address the various factors that the Social Security Administration will consider. Evaluation of Back Pain Back pain is generally one of the most difficult disabilities to prove to the SSA because there are no objective findings that confirm the pain you are experiencing is real. As such, it is very important for your Ocala disability attorney to provide sufficient evidence to help the SSA consider the various factors in determining whether to award you disability benefits. Severity Factors In determining whether your back pain is severe enough to warrant Social Security disability benefits, the SSA will consider the following factors: Your credibility in…Read More
Social Security disability claims for back pain are hard to prove, because the major symptoms are subjective. In proving your case, your Ocala disability lawyer will need to provide evidence the Social Security Administration (SSA) needs when considering the subjective factors. The Subjective Factors When evaluating the subjective factors in a disability claim for back pain, the SSA will consider a claimant’s medical history, the consistency of the claimant’s complaints to each treating physician, and the claimant’s overall credibility. More specifically, in determining the credibility factor, the SSA looks to see how many times the claimant visited the doctor, the claimant’s response to treatment, the comments he or she made to each treating physician, and the claimant’s diligence in keeping…Read More
The Social Security Administration (SSA) gives considerable weight to the opinions and statements provided by a claimant’s treating physicians and other medical professionals involved in the claimant’s treatments. Experienced Ocala disability lawyers will first make sure the doctors meet the standards established by the SSA and then will assist them in providing the detailed reports requested by the SSA. The SSA’s Standards & Guidelines In order for the opinion to be controlling, the doctor needs to meet certain criteria established by the SSA. The doctor must be properly licensed and provide medical opinions in his or her area of specialty. The doctor must be the treating physician who has personally treated the claimant’s disability. The SSA will look to see…Read More