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At your initial interview with an Ocala disability attorney, he or she will use this time to give you a brief education on disability law. Unlike other types of law that use a straightforward or proven approach, the Social Security Administration uses a hypothetical or theoretical approach to disability cases. Capable versus Hirable For the Social Security Administration, disability cases do not focus on whether you are able to secure employment but instead, whether you are capable of performing the tasks necessary to do a job. In other words, your case isn't based on whether or not a potential employer finds you hirable, it is based on whether or not you are capable of performing the job duties if you…Read More

The significance of lay witness testimony to your Ocala Social Security disability case has been recognized by the Social Security Administration and also the courts. The Social Security Administration regulations acknowledge that observations by non-medical sources may help the Social Security Administration understand how a medical impairment affects a claimant’s ability to work. In fact, the Social Security Administration’s definition of “evidence” includes testimony and statements made by lay witnesses about a claimant’s restrictions, daily activities, efforts to work, and other issues.  Here are three important issues that lay witnesses can testify about. Your Residual Functional Capacity In determining whether you are disabled, the Social Security Administration determines your residual functional capacity (RFC), which is a measure of how much…Read More

Ocala Social Security disability claimants frequently name mental disorders as a reason why they cannot work. Not only are mental disorders mentioned as a primary disability, many physical impairment cases include hidden psychological issues. This is because chronic physical impairments often can take a psychological toll. Can you still do unskilled work? Even if you suffer from a mental disorder, chances are that you will be denied Social Security disability benefits if you are able to perform unskilled work, unless you also have physical impairments. This is because the Social Security Administration can point to many jobs that require only unskilled work. However, if you have a marked impairment in any of the abilities required for unskilled work you may…Read More

One of the most important decisions you will make in the Social Security disability process is to hire an experienced and qualified Ocala disability attorney to represent you. Government statistics show that Social Security claimants who have disability lawyers are more likely to be approved for benefits than those who do not. Why is hiring a competent disability attorney so important? Disability attorneys know exactly what information the Social Security Administration requires to make a decision in your favor and they know how to get it. Disability attorneys are often able to develop the evidence more thoroughly than Social Security staffers who must process a large number of applications with significant time constraints. Disability attorneys know how to prepare their…Read More

If you are applying or have applied for Florida Social Security disability benefits, you will probably have to testify at a hearing before an Administrative Law Judge (ALJ).  You may be quite anxious, but you needn’t be.  If your hire me as your Ocala Social Security lawyer, I will meet with you before your hearing to provide you with the practical guidance and emotional support that you need. When we meet to prepare for your hearing, we will talk about your impairment and the issues in your disability claim and get you ready to testify. One of my main goals during our meeting is to relieve any worries you may have. You will be a better witness if you are…Read More

Chronic pain can be defined in a number of different ways. It can be continuous, irregular, or intense. It can be pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined. Many Florida Social Security disability clients suffer from chronic pain. However, claimants suffering from chronic pain sometimes have trouble convincing the Social Security Administration that their pain prevents them from working because pain tends to be subjective and difficult to measure. Thus, the Social Security Administration will look at the credibility of the claimant’s description of his or her pain in order to determine if Social Security disability benefits will be…Read More

Most applicants for Florida Social Security disability benefits must show that they can no longer perform work they had previously done and that they cannot do any other work. In determining whether an applicant can perform any other work, the applicant’s age is an important consideration for the Social Security Administration. In fact, the Social Security guidelines are less stringent for claimants 55 and older. Medical-Vocational Guidelines for applicants 55 or older The Medical-Vocational Guidelines are rules utilized by the Social Security Administration to determine what other work you can do. These rules are favorable to those over 55 years of age because they recognize that if you are older and your medical condition limits your level of exertion, it…Read More

Whether you are capable of performing your “past relevant work” may be an issue in your Social Security disability case.  If the answer is yes, you will not be disabled.  In general, “past relevant work,” includes all jobs you did during the past 15 years for long enough to learn how to do them (generally 30 days). When your ability to do former jobs is an issue, the administrative law judge will be interested in the answer to these three questions: What are the physical and mental demands of your former work as you actually performed it? What are the physical and mental demands of your former work as generally required by employers throughout the national economy? Can you meet…Read More

If you have a medically determinable impairment, that is -- your medical records and doctors’ reports illustrate an underlying physical or mental impairment that could reasonably be expected to cause your pain, the Social Security Administration next evaluates the intensity and persistence of your pain to determine how it limits your ability to perform basic work activities. The Social Security Administration will consider all evidence that has been presented including, but not limited to, your medical history and findings and statements from you, your treating physicians, or other persons, regarding how you are affected by your pain. The Social Security Administration will also consider medical opinions of doctors who have treated or examined you. In addition to objective medical evidence,…Read More

The success of your Florida Social Security disability case may depend on how good a job your Ocala disability attorney does in preparing you to testify.  Your Ocala disability attorney must prepare you to describe details about how your impairment affects your daily activities.  The details you provide in your testimony can often what tips the decision in your favor. At your hearing, the administrative law judge will ask you about your activities. If you testify that you can perform a wide range of activities (walking, shopping, laundry, gardening, cooking and cleaning, going on vacations, etc.), the judge may find that you are not disabled because you are able to do too much. Even though it may initially appear that…Read More