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If the Social Security Administration (SSA) ordered a consultative examination as part of the evaluation process of your Social Security disability application, it is imperative that you hire an Ocala Social Security disability lawyer. Your lawyer will be most helpful if you are unhappy with the way the exam was conducted or if you do not agree with the report. When You Are Dissatisfied With the Way the Consultative Exam Was Conducted It is common for disability claimants to be dissatisfied with the way the doctor handled their consultative examination. This is because the doctors usually only spend a brief time conducting the examination. If you are not happy with your consultation examination, it is important to immediately notify both…Read More

As your Ocala disability lawyer will explain, part of the process in obtaining Social Security disability benefits includes submitting to a consultative examination. Many clients are apprehensive about undergoing an examination by a new or different physician, and this is understandable. If you are faced with the requirement to endure a consultative examination, there are a few key points to understand before getting started. Doctor selection The Social Security Administration (SSA) selects the doctor that will perform your consultative examination. The SSA enters into contracts with doctors and specialists to perform these tests and will try to choose a doctor as close to your area as possible. The doctor will have practice experience in the area of medicine pertaining to…Read More

Pain is the most common reason people seek medical care and frequently drives the need for Social Security disability benefits. An Ocala disability attorney can help you determine whether your pain is severe enough to qualify you for disability benefits. Pain can be disabling when it is constant or severe. But pain is a subjective symptom. Only the patient can measure their own pain. It doesn’t show up on medical tests and this makes it difficult to document. Measuring pain How do Social Security administrators approach measuring pain and whether it prevents a claimant from working? The agency first explores whether an underlying medically determinable impairment may be reasonably causing the pain. If so, you will need to describe the…Read More

In your Social Security disability claim, will your doctor’s opinion be controling? Your Ocala Social Security disability attorney will assess whether your physician’s views will have sufficient weight to uphold your claim. Three main factors determine the doctor’s authority. Well-supported opinion The treating doctor’s opinion must be well supported to be given merit. The supporting records include clinical and laboratory exams and diagnostic techniques. If the treating doctor’s opinion is medically well supported and consistent with other substantial evidence in the case record, it will be regarded as controlling. In such a case your doctor’s determination will be honored. A “treating source” Another important factor is that the clinician must indeed be your treating provider. You can’t shop around for…Read More

Clients often ask their Ocala Social Security disability lawyer how the Social Security Administration (SSA) assesses the ability to walk or ambulate. A reasonable measure of the ability to ambulate is whether someone can walk a block at a reasonable pace on an uneven surface. If that is doable, then the patient likely will not be viewed as disabled in their ambulation. Assistive Devices One of the regulations under the Social Security disability program mentions the use of a walker or two canes as indicative of the inability to walk independently. While that is true, note that some claimants are defined as disabled even if they do not use a cane or walker. Just because a person can manage to…Read More

Your Ocala Social Security disability lawyer knows that back injuries, more than almost any other injury or condition, are the reason most Social Security claimants seek disability benefits. Back pain is challenging to prove because while claimants may suffer from muscle spasms, pain, and limited ability to sit, stand, lift or bend, the medical evidence may not show serious abnormalities. Low Correlation of Back Pain and Medical Imaging Results The medical community acknowledges that often a person’s symptoms of pain do not match up with medical results (such as x-rays or medical imaging). Some patients with severe pain show only mild abnormalities, while others with x-ray evidence of severe joint and bone degeneration experience mild or no pain. Even the…Read More

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

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