Resources

As an Ocala Social Security disability attorney can explain, you need not be unable to work ever again to be found disabled. You will be awarded disability benefits if your impairment lasted or will be expected to last for a continuous period of twelve months. (An exception applies if your impairment is expected to result in death. Circumstances Where the Duration Requirement Is Met Impairments that come and go or have short periods of remission, but also have active periods that preclude the claimant’s ability to engage in substantial gainful activity (SGA) on a sustained basis, typically will be found to fulfill the duration requirement. Circumstances where the Duration Requirement Is Not Met Denials based on the failure to meet…Read More

Experienced Ocala Social Security disability lawyers understand that it may be impossible to present live testimony from everyone you may want to testify on your behalf. The time scheduled for the hearing is limited and some witnesses may have schedule conflicts that keep them from attending. When live testimony of a particular witness is not possible, a written statement from the witness is the next best thing. Avoid Using a Generic Letter A skilled disability lawyer will avoid using the stereotyped letter. Letters which in effect state, “I have known Mr. Smith for 15 years; he is a hard worker and needs help because he is disabled,” signed by a dozen or more people may not be of much value…Read More

If you are self-employed and filing for Social Security disability benefits, your Ocala disability attorney will consider your case in terms of the three tests used by the Social Security Administration to determine whether you are engaging in substantial gainful activity (SGA). Determining Substantial Gainful Activity by Significant Services and Substantial Income If during the regular course of your work you provide significant services and earn a higher income than the Administration's SGA guidelines, it may be determined that you are engaging in SGA and your claim will be denied. The SGA Earnings Guidelines for the self-employed are the same as those used for those who work for other people. With regard to services, the Social Security Administration may consider…Read More

There are many things that an Ocala disability lawyer can do to help you present the strongest possible claim for benefits to the Social Security Administration.  In addition to helping you with the tricky paperwork, gathering all your records, and enlisting your doctor to help, your Ocala disability lawyer can: Suggest you undergo further medical analysis. Your Ocala disability attorney may determine that a specialist should evaluate you. This may be because you have symptoms that are not explained by your current diagnosis and that have never been evaluated by the right type of specialist or medical test. Additionally, if your symptoms are inconsistent with your medical records, further evaluation by a specialist may be required to explain the discrepancy.…Read More

When you meet with your Ocala disability lawyer, one of your questions may be whether you can receive Social Security disability benefits and unemployment compensation (UC) benefits at the same time. The answer to that question depends on a variety of circumstances pertaining to your case, including the onset date of your disability and what types of work you still capable of performing despite your impairment. The Onset Date of Your Disability Is Important Your disability onset date is the date you became disabled. Suppose you were laid off from work on the same day as the disability onset date stated on your Social Security disability application. This means that the day you qualify to begin receiving unemployment compensation (UC)…Read More

Your Ocala Social Security disability lawyer’s number one priority is to analyze what you need to prove to be awarded disability benefits and then figure out the best way to achieve this outcome.  Once your lawyer has put a plan in place for your case, he or she can follow through by performing a variety of tasks including, but not limited to these: Help and guidance with the paperwork. The Social Security application process can be tedious requiring you to fill out a number of forms detailing your work history, medical condition, and physical and mental impairments. Your Ocala disability attorney can provide you with tips and guidance on how to complete the forms accurately and properly.  Correctly completed paperwork…Read More

If you have just received word from your Ocala disability attorney that a vocational expert will be testifying at your hearing, you are probably wondering two things: (1) What is a vocational expert? and (2) Why is he testifying at my hearing?  Your Ocala disability attorney can provide a detail explanation specific to your case but here is some general information about vocational experts and why their testimony can be important in a given disability case. A vocational expert is one of two types of experts who your judge can ask to testify in your case.  The other type of expert is a medical expert.  Judges ask vocational experts to testify more frequently than medical experts.  There are some judges…Read More

At some point before your disability hearing, you may receive a notice stating that a medical expert will be testifying.  Here is a brief explanation of what a medical expert is and the issues they commonly discuss in their testimony.  Your Ocala disability attorney can explain in detail what the medical expert in your case will be testifying about. Neutral Witnesses Medical experts are usually either doctors or psychologists.  They are intended to be neutral witnesses, meaning that they are neither “for” you nor “against” you.  Their job is to help the judge understand medical issues, specifically medical issues involving Social Security regulations.  Medical experts testify more often in mental impairment cases than in cases involving any other single impairment.…Read More

At your Social Security disabilty hearing, your testimony will be the most important.  However, your Ocala disability lawyer may decide that a family member, friend, neighbor, co-worker, or supervisor could provide the judge with important information about your disability. The Social Security disability hearing is informal. Unlike court, no evidence rules need to be followed for testifying. The interaction between your Ocala Social Security disability lawyer and your witnesses at your hearing will be more like a conversation than a formal question and answer sequence. What is expected of your witnesses at the hearing is truthful testimony concerning what they have observed about you. While the administrative law judge may ask questions, it will not be a “cross-examination” of witnesses…Read More

It is crucial to have an experienced Ocala disability attorney at your side if your judge decides to have a vocational expert testify at your hearing.  Your Ocala disability attorney will be responsible for cross-examining the vocational expert and making sure that there is a legitimate basis for the expert’s testimony.  You may think that you can handle cross-examining the expert yourself but it is a task best left to your attorney as it requires a significant knowledge of Social Security law, medical issues, and vocational issues.  Unsurprisingly, the ability to effectively cross-examine a vocational expert is something that is developed through years of practice. Why Your Attorney Will Cross-Examine It is important to have an experienced Ocala disability attorney…Read More