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If an Administrative Law Judge (ALJ) denied your disability claim and you would like to appeal your case to a federal court, your Ocala disability attorney will review the evidence similarly to the way that he or she analyzed it for the ALJ hearing. This means solidifying the theory of disability based on the Social Security Administration's five-step s sequential evaluation process. Reviewing the Evidence Supporting the ALJ Decision That Denied Disability Benefits When the ALJ denied your Social Security disability claim, he or she cited evidence to support the denial. Your disability lawyer will examine this evidence to determine the following: Do the evidence and the ALJ's findings correspond? Based on the evidence presented, does the ALJ's decision make…Read More

Ocala disability attorneys sometimes deal with the legal issue of the Social Security Administration’s requirements for residual functional capacity (RFC) with regard to alternating sitting and standing. A person who needs to alternately sit and stand presents a special situation and many vocational experts treat the RFC of having to alternate between sitting and standing as falling between the RFC for sedentary work and the RFC for light work. A Need to Alternately Sit and Stand May Qualify for Social Security Disability Benefits In some disability claims, the medical evidence results in an RFC assessment that is compatible with the performance of sedentary work or light work as long as the person can alternate between periods of sitting and standing…Read More

If you have postural limitations that pertain specifically to walking and standing, talk to your Ocala disability attorney regarding specific details of how these limitations affect your case. However, the following material provides some general information regarding how standing and walking limitations may affect your Social Security disability claim. The Social Security Administration’s Standing and Walking Time Requirements You are expected to be capable of standing and walking for an approximately two out of the eight hours of what is considered a regular workday. A significant decrease in this two hour standing and walking requirement reduces what is referred to as your sedentary occupational base. The Social Security Administration considers the sedentary occupational base of a person who can stand…Read More

Ocala Social Security disability lawyers are familiar with Social Security disability claims involving common digestive impairments such as abdominal distress, diarrhea and fecal incontinence. Some of these digestive impairments, such as Crohn's disease and ulcerative colitis, are generally known as Inflammatory Bowel Diseases (IBD). Social Security Disability Claims and IBDs IBDs present any number of symptoms such as diarrhea, fecal incontinence, rectal bleeding, abdominal pain, vomiting or arthralgia, that often cause you to spend a lot of time away from your workstation during the course of your normal workday. These conditions often result in a great deal of time spent in the restroom and it is unpredictable as to when those conditions will present themselves. You may also suffer from…Read More

The knowledge and experience of an Ocala Social Security disability lawyer is invaluable when arranging for testimony from lay witnesses regarding your impairments. Your Ocala disability lawyer should discuss with you who you believe would be the best witnesses on your behalf. Your lawyer will then contact these potential witnesses to discuss their observations and select only the best one or two witnesses (in unusual cases more may be necessary). Each witness will be provided with information about the hearing and the general type of testimony expected of him or her. Your disability lawyer will also send each lay witness a letter notifying the witness of the date, time and place of the hearing. As part of the preparation process,…Read More

If you have a mental impairment, you will probably need to convince the ALJ at your disability hearing that you are not able to perform the mental activities that are generally required for unskilled work. If you still have these abilities, you will probably not qualify for disability benefits. Your Ocala disability attorney or the administrative law judge will need to ask you some questions to help the judge fully understand how restricted your ability to work is due to your mental impairments. The questions will be designed to determine whether you have the following skills and abilities that are required for all paid unskilled jobs.  1.   Responding appropriately to supervision, co-workers, and work pressures in a work setting.…Read More

An experienced Ocala disability attorney can help you wade through the multitude Social Security Administration requirements that must be met before qualifying for disability benefits. One of the most significant requirements that most claimants must meet before qualifying for benefits is proving they are no longer able to perform past relevant work due to their impairment or disability. The Social Security Administration uses specific set of five sequential steps when evaluating your disability benefits eligibility. Under Step 4, you must prove that you cannot perform your past relevant work duties before you qualify to receive benefits. Proving the inability to perform past relevant work is a difficult challenge for many claimants. Defining Past Relevant Work The Social Security Administration has…Read More

Your Ocala disability lawyer is aware that many of the Social Security Administration's rules regarding your ability to perform past relevant work can be perceived as skewed toward disqualifying you from receiving benefits. If you can perform your past relevant work, the SSA will find that you are not disabled, unless your medical records show that your impairment meets or equals a Listed Impairment. Most claimants do not qualify for benefits on the basis of their medical records alone and will need to prove they can no longer perform their past relevant work. Examining Past Relevant Work The Social Security Administration’s position is that if you are capable of carrying out the duties of a past relevant job, then you…Read More

When you meet with your Ocala disability lawyer, you will learn that obesity is a medically determinable impairment and the Social Security Administration must consider it when determining your residual functional capacity (RFC). Obesity and Your RFC Your RFC is the work you can still complete despite your disability or impairment. Obesity can affect your residual functional capacity in many ways. Obesity may limit your ability to perform the seven physical demands of work which are: Sitting. Standing. Walking. Lifting. Carrying. Pushing. Pulling. In addition, obesity may limit the manipulative motor skills or postural functions of your work including: Reaching. Handling. Stooping. Crouching. Climbing stairs, step stools or ladders. Obesity can also necessitate environmental limitations such as avoiding extreme heat…Read More

If obesity is a factor in your Social Security disability claim, an experienced Ocala disability attorney can help explain the Social Security Administration's requirements regarding Body Mass Index (BMI) and following prescribed treatments. About Your BMI Obesity is commonly evaluated using the BMI. The BMI gives you a body fat measurement based on both your height and weight. The formula to calculate your BMI is weight in pounds divided by your height in squared inches. That number is then multiplied by 704.5. For example, if you weighed 145 pounds and were 60 inches tall, your BMI calculations are 145/602 x 704.5 = 28.375 or 28.38. According to the National Institutes of Health, if you have a BMI of 25 to…Read More