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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

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