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CJ Henry Law Firm, PLLC

Social Security Disability

  • Published: January 2, 2014

You might be asked to take a consultative examination as part of your disability claim. Talk to your disability attorney in Ocala Florida about this if you have any questions. Who Will Administer the Exam on Me? The SSA has agreements with various doctors and psychologists in private practice to conduct these exams. Your disability attorney in Ocala Florida might know who some of them are. The SSA will have you see a practitioner with the appropriate skills and credentials for the type of exam that is being performed, ideally at a facility near your location. Unfortunately, some claimants have to travel in order to get to the nearest specialist; ask your disability lawyer in Ocala Florida if he knows of any…Read More

  • Published: January 2, 2014

Some disability claimants are asked by the SSA to take a consultative examination for the purpose of gathering more medical evidence about their disability. Your Ocala disability lawyer will explain to you that this is usually nothing to worry about, but sometimes the results that come back are unfavorable. The quality and effort of consultative examinations varies greatly. Sometimes the doctor only spends a short amount of time with the claimant and does not seem to really listen to them. Tell your Ocala disability lawyer if you feel this is what happened. You might also want to notify the Social Security Administration or complain to your disability examiner. Write a letter that will be added to your file; your Ocala…Read More

  • Published: December 24, 2013

Your residual functional capacity (RFC) is the level of work you are still able to do despite your impairment. It is used by SSA to help determine whether or not you are disabled. Below, your Florida disability lawyer has detailed some common information the judge will want to know in order to determine your RFC. Your Florida Disability Lawyer on Traveling Testimony The judge will be interested to know about your ability to get from one place to another. Thus, he will likely ask you questions about how you were able to come to the hearing and if you require the assistance of another person when you leave the home. Your Florida disability lawyer will advise you to be prepared…Read More

  • Published: December 24, 2013

Your doctor will generally be the professional who best knows your impairment, so SSA will consider his opinion in making its decision on your disability claim. Your disability attorney in Ocala Florida will advise that in order for your doctor's opinion to be controlling, there are several hurdles that must first be overcome. Acceptable Medical Source An acceptable medical source is a medical professional who fits into one of several categories considered adequate by SSA. If your doctor does not fall into one of these categories, your disability lawyer in Ocala Florida will warn that his opinion, while still considered by SSA, will not be controlling. Your Disability Attorney in Ocala Florida Explains the Treating Source Requirement The second requirement…Read More

  • Published: December 19, 2013

The best testimony strategy is to focus your testimony on the details of your impairment. Your Ocala Florida Social Security disability lawyer will help prepare you for testifying by explaining how to stay on point. Your Ocala Florida Social Security Disability Lawyer on Avoiding Character Testimony Regardless of whether you are the nicest, most honest person in the world, the fact is that the judge is simply not interested in this information. Being a person of exceptional character has nothing to do with the severity of your impairment and your eligibility for disability benefits. In fact, the more you try to explain how good you are, the more the judge may doubt that this claim is genuine. Thus, your Ocala…Read More

  • Published: December 18, 2013

Regardless of the result, a medical diagnosis alone is not enough to render you eligible for Social Security disability benefits. As long as you and your Ocala Florida Social Security disability lawyer can prove that your condition has adversely affected your ability to work, you will remain eligible for SSD benefits.Read More

  • Published: December 12, 2013

In order to be found disabled as a result of joint dysfunction or arthritis, SSA must determine that you are unable to "ambulate effectively." Below, your Ocala Florida disability lawyer will give you some information about what this means and how to prove it. Your Ocala Florida Disability Lawyer Defines Inability to Ambulate Effectively If your ability to walk or engage in normal activities is severely limited by your impairment, SSA considers this an inability to ambulate effectively. Typically, this means that in order to do these types of things, you rely on walking assistance devices, such as canes or a walker. Additional limitations, like an inability to stand for long periods, complete everyday activities or go up steps without…Read More

  • Published: December 12, 2013

Back pain cases are not always easy for the SSA to evaluate, and there are often several factors to consider. Below, your Ocala Florida disability attorney has outlined some important information about the assessment of back pain claims. Your Ocala Florida Disability Lawyer on Evidence Considered by the SSA There are three specific areas SSA looks at when assessing back pain claims. Objective abnormalities of your injury, your symptoms and pain level and your credibility will each be important to the SSA's decision. The SSA understands, though, that it is not unusual for there to be a lack of objective medical evidence in back pain cases as medical tests are not always reliable at showing severity of an injury. Your…Read More

  • Published: December 5, 2013

If you plan to continue working while you receive disability benefits, you will need to be sure to keep your income below the substantial gainful activity (SGA) level. Speak to your Ocala disability attorney about your employment plans and how they may affect your benefits. Substantial Gainful Activity Level The 2010 SGA level was $1,000 monthly in gross income. Your Ocala disability lawyer will be able to give you the most recent information about SGA levels. To continue receiving your disability benefits, you must keep your monthly income below this level. Your Ocala Disability Attorney on the Trial Work Period SSA allows claimants to take a nine-month trial work period. After this trial period has ended, if your average monthly earnings…Read More

  • Published: December 5, 2013

The Administrative Law Judge (ALJ) may ask a vocational expert (VE) to testify at your hearing. Your Ocala disability lawyer will go over what you can expect from the VE and the impact he will have on your hearing. What Is a Vocational Expert? If your Ocala disability attorney informs you that a VE will be present at your hearing, it is important to understand his role. VEs are present in order to testify regarding vocational issues stemming from the Social Security Act and Medical-Vocational Guidelines. Thus, the VE should address your ability to work based on your age, education and past work as well as what positions exist that you might qualify for despite your impairment. Why Would an…Read More

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