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The Social Security Administration’s official definition of disability includes any impairment that (1) is “medically determinable” (that is, it results from a physical or mental abnormality and is diagnosable using acceptable medical techniques); (2) lasts at least 12 months; (3) prevents the impaired person from performing any past job; and (4) prevents the impaired from working at jobs available to him given his age, education, and work history. The definition also excludes anyone whose impairment is sustained by drug addiction or alcoholism. The Social Security Administration uses this definition to determine eligibility for its two disability benefit programs: Social Security Disability Insurance and Supplemental Security Income. The disability insurance (which is what “Social Security disability benefits” most commonly refer to)…Read More

If you are considering applying for Social Security disability benefits, an Ocala disability attorney may be able to help you.  Here is some general advice regarding what to do at your hearing before the Administrative Law Judge. The most critical aspect is that you tell the truth at your hearing. Don’t try to second-guess the questions asked by the judge or figure out what the best answer will be to help your case. Be honest about your abilities and limitations, because if the judge suspects that you aren’t telling the truth, you are more likely to lose. In addition, don’t play up your level of pain or disability to try to get more sympathy from the judge. You don’t need…Read More

At your disability hearing, you may not be asked any questions about your medical history at all. This is because the judge will have your file on hand, which includes your medical records, and may feel that those records from medical care facilities and professionals speak for themselves. Part of your Ocala disability lawyer’s job is to make sure that all of the records that the judge should see are in the hearing exhibit file. In addition, when necessary, your Ocala disability attorney should request and include in the hearing exhibit file letters from your doctors that explain your medical issues as well as their opinions as to how limited you are. Although you may not be asked any questions,…Read More

A very common misconception people have about Social Security disability is that if you are “disabled,” you are unable to do any job. This is absolutely false. If you think about it, being unable to do any job would be a ridiculous standard. There are jobs that virtually anyone could do. Imagine being in the relatively quiet position of a bridge tender in a low-traffic canal. You would basically do next to nothing until a boat comes along, at which point you would press a button to raise the bridge. The rest of the time, you could by lying in a cot or reclining in a comfortable chair. However, there are only a small number of bridge tender jobs out…Read More

The most important thing your Ocala disability attorney will do for you is prepare you for your testimony. In the best-case scenario, you will be prepared well enough that your Ocala disability attorney will not have to ask many questions and your testimony will feature you speaking in a natural way. After the testimony, however, some important events do occur. Right after you complete your testimony, your Ocala disability lawyer will be permitted to question any witnesses that you have brought with you to the hearing. Bringing at least one witness to your hearing is important in corroborating what you have said, giving details about your disabilities and their effects on you, and/or to offer an alternative point of view…Read More

An experienced Ocala disability lawyer will prepare your case well and ensure that you and your witnesses testify in a way that helps your case. There is one thing over which your lawyer has no control, however, and that is the time that it takes to conduct a hearing and as how long it takes to receive a decision. Hearings are, as a rule, quite short, generally clocking in at about 60 minutes or less. Even on the longer side, they almost never exceed an hour and a half. The shortness of the hearing is starkly contrasted by how long it can and does take for a claimant to receive the written decision. Both you and Ocala disability attorney will…Read More

Most of the work that your Ocala disability attorney will do for you will consist of building your case in preparation for the hearing. On the legal side of things, this means preparing you and any other witnesses for testimony at the hearing as well as doing research into the law and the outcomes of similar cases. In terms of the medical part of your case, your Ocala disability attorney may look at scientific literature pertaining to your health issues, gather records, and obtain statements from your doctors. An experienced Ocala disability lawyer will prepare you well enough so that you can do most of the talking at the Social Security disability hearing. At a hearing, it is best if…Read More

Unlike the formal rooms that are characteristic of courthouses, Social Security hearing rooms are just small conference rooms. They sometimes have an American flag or the seal of the Social Security Administration in the way of official trappings. As with any other type of meeting room, they always have a large conference table. There will also be a desk that will sit slightly above the level of the main conference table; this is the judge’s desk. An optional addition is a small desk for the judge’s assistant, who will otherwise sit at the main conference table. Because every hearing is recorded, every Social Security hearing room is equipped with audio recording devices. In order to ensure that the recording made…Read More

In this article, Ocala disability lawyer CJ Henry will explain the first two levels of review of your claim for Social Security disability benefits. You can apply for Social Security disability benefits (but not for SSI disability) on the Internet, but most claimants apply by phone. You can also make an appointment with a Social Security Administration claims representative at your local Social Security office. You will be asked to provide basic information, which the claims representative will type into the computer and print out for you to sign. If you make a telephone appointment, then the claims representative will mail you the form for you to sign. Keep in mind that only you can sign this application; your Ocala…Read More

In deciding whether you qualify for Social Security disability benefits, the Social Security Administration will place great weight on objective medical findings and your treating doctor’s opinion. In this article, Ocala disability attorney CJ Henry will explain why those two elements are so important in the determination of your disability. 1. Objective Medical Findings In your Social Security disability claim, objective findings can play a major role in the evaluation of whether or not you’re disabled. However, if your impairment does not meet or equal an impairment included in Social Security’s Listing of Impairments, the Social Security Administration should not look solely to see if your objective medical findings correspond to its special medical criteria. Even the Social Security Administration…Read More