Resources

Claimants are often anxious about the prospects of appearing for their SSD hearing. Be assured, these hearings are not will be by your side. Those Allowed to Be Present Generally the list of individuals present at a disability hearing is short: the administrative law judge, his/her assistant, witnesses, your Ocala, Florida Social Security disability lawyer, and you. If you would like to have someone present as an observer, you will need to gain permission from the judge. Moreover, if you wish that a particular witness not be present during your testimony, you need to make the request to the judge; you should have no problem getting approval for such a request. Presence of Witnesses Not all judges allow witnesses to…Read More

Nearly all who suffer a disability experience fatigue. This, in itself, can significantly impair your ability to perform routine tasks and preclude you from living a normal life. Your Ocala Social Security disability lawyer will prepare you for the hearing before the administrative law judge, where you can be certain you will be asked in-depth questions about how fatigue has affected you. Sample Questions While the judge will question you, your Ocala Social Security disability lawyer will be on hand in case any issues arise. The following is a sampling of the kinds of questions the judge may ask you regarding fatigue. Onset of Your Fatigue Describe your fatigue. When did it begin? What is the nature of your fatigue…Read More

When you meet with your Ocala disability attorney, she will explain to you how the administrative law judge (ALJ) will question a vocational expert (VE) during your hearing. A VE is a person who testifies at your disability hearing on behalf of the Social Security Administration regarding the types of jobs available in your field and howyour limitations affect your ability to carry out your necessary job duties. If your ability to perform your past relevant work is an issue, the ALJ will ask the VE if, hypothetically, a person with your limitations could perform your past relevant job. This means, the ALJ will ask a question framed like this: Can a person [insert your limitations] perform the job of…Read More

There are many advantages to having an experienced Ocala Social Security lawyer who will represent you during your Social Security disability hearing and appeals process. However, one thing your Ocala Social Security lawyer cannot do is to speed up the system and get a decision to you in a quicker manner. Why It May Take a Long Time to Get a Decision There is no way for you to really know how long it will take before the administrative law judge issues a decision in your case, but you should expect it to take a long time. Although your Ocala Social Security lawyer can assist you in preventing any delays in setting a hearing date, once your attorney presents his…Read More

Your Ocala Social Security disability lawyer may present testimony from lay witnesses (that is, witnesses who are not experts) at your Social Security disability hearing. Because of the importance of this testimony, your lawyer may ask your family members, friends, former co-workers or neighbors to testify about your impairment.  These lay witnesses may be able to offer helpful testimony on the following issues: Your Past Relevant Work The Social Security Administration regulations provide that your Ocala Social Security disability attorney can, with your permission, present testimony “from your employer or other person who knows about your work, such as a member of your family or a co-worker” regarding your past relevant work. This testimony can be significant if you need…Read More

With its many criteria and guidelines, Social Security disability cases can be confusing for claimants. To get a better understanding of how you can meet their requirements, consult with your Ocala disability attorney. The Americans with Disabilities Act Has Different Requirements A memorandum to staff and judges from the Associate Commissioner of the Social Security Administration emphasized the fact that ADA and the disability provisions of the Social Security Act have separate purposes and do not directly apply to each other. For instance, the ADA defines “disability” in terms of the capacity to do what it describes as “major life activities,” which is different from how “disability” is defined in the Social Security Act. The Dictionary of Occupational Titles (DOT)…Read More

Ocala, Florida disability lawyers can help you understand the vocational issues that may be involved in your Social Security disability case. The Physical and Mental Demands of the Claimant’s Past Relevant Work Typically, statements by you, the claimant, regarding past work are sufficient for determining the skill level, exertional level and nonexertional demands of your work and a vocational expert (VE) will not be necessary. However, if a VE is present he or she may testify as to the demands of your past relevant work as you actually performed it or as generally performed in the national economy. If a does VE testify, your Ocala, Florida disability lawyers will play an important role in evaluating the impartiality, expertise and professional…Read More

Prior to the hearing, your Ocala Social Security lawyer will interview your witnesses both in an effort to select the best witnesses for your case and to explain to each how their testimony can be most effective. Preparing Witnesses versus Rehearsing Witnesses An experienced Ocala Social Security disability lawyer knows the difference.  Rehearsed testimony tends to be trite and stilted. It is almost impossible to rehearse a witness so that the result will be testimony that does not sound rehearsed. The primary danger is that rehearsed testimony appears less believable and is given correspondingly less weight than spontaneous testimony. The Characteristics of “Good” Testimony The goal of the disability hearing is to present the Administrative Law Judge (ALJ) with the…Read More

The following questions are typical of what the Administrative Law Judge (ALJ) or your Ocala, Florida Social Security disability lawyer may ask you during your SSD hearing if you are impaired by shortness of breath. 1.      What brings on your shortness of breath? Exertion Lung congestion Cardiac chest pain Asthma Weather changes Allergies Stress Panic attacks 2.      Describe how it feels when you experience shortness of breath (Your Ocala, Florida Social Security disability lawyer will develop the specifics of your impairment through follow up questions.) 3.      How often do you experience acute episodes of breathing problems? What are your symptoms during these acute episodes? What brings on these acute episodes? How long does each episode last? 4.      Specific questions How…Read More

A claimant in a disability case has the option to appear before the administrative law judge (ALJ) via video hearing. While this might sound like a good idea at first, there are potential complications your Ocala Florida disability attorney may want to discuss with you. Expert Appearance at Video Hearing In a usual video hearing where the ALJ and the claimant are in different places, The ALJ will decide who will appear by video. Occasionally the ALJ will use an expert who is in his location, while other times the expert might appear from the claimant’s location. In some hearings only the expert or the claimant’s Ocala Florida disability attorney appears by video. The ALJ will use his judgment to…Read More