A practiced Brandon disability attorney will know the Social Security system inside and out, including the two ways of demonstrating an applicant’s disability to the Social Security Administration. If you are suffering from a disability and believe that you may qualify for benefits, then call a qualified lawyer now.
If your impairment meets or equals a Listing from the Listing of Impairments, you will be found disabled. Your Tampa Social Security attorney will explain how SSA uses the Listing of Impairments to evaluate claimants’ impairments for disability benefits eligibility.
Your Brandon disability attorney will take great care to prepare you for the discovery phase. The discovery phase, which will happen prior to your personal injury trial, is explained below. It is important that you are ready for these steps, as you will likely have to participate.
Your past relevant work will be an important consideration for your disability ruling. If your Brandon disability attorney is unable to prove disability solely based on your medical history, your former work will be of particular importance.
During a divorce, parents will need to be there for their children. In fact, the health, safety and well-being of your children should be your top priority during a divorce. A Brandon family law attorney can tell you some ways to help your children get through the family changes that come with a divorce.
How is it determined by the Social Security Administration whether alcoholism or drug addition is “material?”
Attorneys at a Brandon disability law firm know that the Social Security Administration (SSA) applies a hypothetical test: Would restoration of a claimant’s ability to perform work occur if he or she stopped abusing alcohol or drugs? For instance, suppose a disabling disease of the liver was caused by alcohol. If the claimant stopped drinking and his or her ability to work was restored, the SSA will determine that alcohol is material and the claimant is therefore not eligible to obtain benefits. However, if the claimant’s ability to perform work is not restored after he or she stops drinking, SSA would determine that alcohol is not material. The claimant is therefore eligible to obtain benefits. This would hold true in spite of the fact that the damage was caused by alcohol and the claimant still drinks.
How are the medical-vocational rules used by the Social Security Administration to determine disability?
Attorneys at a Brandon disability law firm will inform you that the SSA performs a residual functional capacity (RFC) assessment. This assessment is used to determine what activities related to work a claimant could perform in spite of her or his impairments. Then the SSA uses the assessment to determine if any job of a significant nature that the claimant has performed in the last 15 years can still be performed by the claimant. If the claimant cannot, the RFC is translated by the SSA into a level of work existing in and defined by the Dictionary of Occupational Titles. These levels consist of light, medium, or sedentary work. A SSA decision maker then searches for the exact combination of the claimant’s age, work experience, education, and RFC on a table, which informs the decision maker if someone with that particular combination is disabled or not.
A Brandon disability law firm is dedicated to helping you with your disability claim. Call Brandon disability attorney Garry Miracle at (813) 655-3136.
Objective Medical Findings for Brandon SSD Claimants
Brandon Social Security disability lawyers will tell how important it is to have objective medical information about impairments. Patients often relate symptoms that have no reasonable connection to a medical diagnosis or medication side effects. Consideration should not be given to symptoms of this type. Additionally, sometimes the limitations patients claim are so severe that they have no relevance to his or her impairments, history, medical findings and personality.
What is the importance of objective medical findings?
Brandon Social Security disability lawyers know that great importance is attached to objective medical findings because they basically dictate the scope of possibilities. However, for a patient whose impairment does not meet the Social Security Administration’s set of specific medical findings (SSA’s Listing of Impairments), it is not possible to establish the capacity for work by only examining his or her medical findings.
For instance, the fact that correlation is lacking between function and ex-ray findings of a joint is acknowledged by the Social Security Administration itself. Research reveals no correlation between lumbar disability and range of motion.
What approach is best when formulating an opinion regarding a patient’s ability for work activities?
Brandon Social Security disability lawyers will advise that talking with your patient is the best approach. Ask what work-related activities your patient believes he or she is capable of. Then use your professional judgment to decide if what you believe and know about your patient and his or her medical impairments line up in a reasonable manner with the limitations your patient claims.
Please call Brandon Social Security disability attorney Garry Miracle at (813) 655-3136 for legal assistance in Florida.
Not all Social Security disability benefits claims end in success, partially due to applicants making mistakes that could easily be avoided. Anyone seeking to attain Social Security disability benefits should consult a disability lawyer in Brandon, FL, before applying in order to avoid rejection.
Following the Appropriate Course of Treatment
People with disabilities should seek a doctor’s advice regarding the best course of treatment for their incapacities. Those with chronic medical difficulties also ought to follow a doctor’s advice even if treatments do not appear to significantly improve their conditions. A lack of symptom and pain improvement can understandably discourage patients over time; however, it is best to continue treatment for many reasons.
From a legal perspective, continued treatment provides proof of a long-term disability and can justify an applicant receiving Social Security disability benefits.
Appealing the Judge’s Ruling
It may seem useless to appeal a judge’s rejection for Social Security disability benefits, but a disability lawyer in Brandon, FL, may actually win an applicant’s case in appeal. It is always better to appeal a denial than accept failure.
Doctor Participation in a Disability Benefits Case
Doctor testimony can sometimes help an applicant’s case. For instance, he or she can send a letter that an applicant’s lawyer can present in court. However, this is not always the best course of action, so it is up to an applicant’s attorney to decide whether to pursue this option.
Simple mistakes shouldn’t prevent Social Security disability applicants from getting the benefits that they need. If you need assistance from a disability lawyer in Brandon, FL, call Garry Miracle at (813) 655-3136.
All candidates applying for Social Security disability benefits need to know the duration requirements for their disabilities. A Social Security disability attorney in Brandon, FL can help an applicant demonstrate that his or her disability fulfills the duration requirement and qualifies for disability benefits.
What is a duration requirement?
The amount of time that a disability needs to affect an applicant’s life in order to be considered a disability severe enough to make an applicant eligible for disability benefits
How long does the typical disability need to last to qualify for disability benefits?
12 consecutive months
This duration requirement applies to inconsistent disabilities as well; incapacities that come and go must be consistent enough that an applicant cannot consistently perform gainful activity for 12 months.
Applicants should note that they cannot circumvent the requirements by combining multiple separate disabilities to fulfill the 12-month duration requirement.
Does an applicant have to complete the full 12 months before applying?
Sometimes, if the state cannot clearly determine the future duration of an injury, it will occasionally allow a Social Security disability attorney in Brandon, FL to complete a client’s application early and fulfill the 12-month duration requirement while the case slowly advances through the legal system.
In this situation, an applicant can legally satisfy the duration requirement while not losing time waiting for his or her case to move through state administration.
However, most of the time an applicant must clearly fulfill the duration requirement before applying.
You don’t have to endure the hassle of applying for disability benefits alone. Consult a professional who is familiar with the process. Call Social Security disability attorney in Brandon, FL Garry Miracle at (813) 655-3136.
While your disability hearing is not a contested court battle, your success is by no means assured. You need to convince the ALJ that your impairment conforms to the spirit of SSA’s standards, and that you should therefore be granted benefits. Your disability attorney in Brandon will be present to assist you, but one of the keys to a successful outcome is the use of quality lay witnesses.
Screen Potential Witnesses Carefully
Lay witnesses are those who provide non-expert testimony about your impairment. Usually these individuals include the claimant’s spouse, family, close friends, and co-workers. However, it is important that you take care in choosing whom to bring to your hearing.
Make sure that you screen your potential witnesses; even a close friend may not be a good witness if he or she has a difficult time articulating his or her thoughts. Your disability attorney in Brandon can help you choose the best witnesses, but generally these will be people who:
Know of your impairment and how it affects your daily life firsthand.
Are not likely to exaggerate or try to be clever.
Can corroborate your testimony.
You should not try to bring a large number of witnesses to your hearing. Quality is the key. Indeed, you may want to include individuals who are not close relatives or friends as well; the ALJ is apt to regard their testimony as more objective, and will likely take their opinions into consideration more readily than that of, say, your son or daughter.
For Further Questions
If you have additional questions, or need a disability attorney in Brandon to help file an appeal, call Garry Miracle today to arrange an initial consultation. The number is (813) 655-3136.
If your Social Security disability application has been denied and you are appealing, no doubt one of your foremost concerns is how long you will have to wait for the case to be heard. While it is not possible to know exactly how long you will wait, when you do attend the hearing, your Brandon Social Security disability lawyer will be present to assist you.
The Average Wait
Unfortunately, the time between filing an appeal and a hearing before the ALJ varies quite a bit. Nationally, the average is about 15 ½ months, but your own wait may be longer or shorter. Much depends upon the state in which you file and the current caseloads at SSA. Your Brandon Social Security disability lawyer will probably receive notice of the hearing date and then contact you.
A decision on your appeal is not generally made at the time of the hearing, either. You may need to wait an additional 2-3 months before this is issued. Assuming that you win your appeal, you can expect to begin receiving benefits about a month after this. You will be eligible for back benefits, but these take longer to be paid—often as many as five or six months.
There isn’t a lot that you or your attorney can do to expedite this process. If your claim includes SSI, the wait will be longer than the times mentioned above.
For Further Questions
If you have additional questions, or need help with filing an appeal, call Brandon Social Security disability lawyer Garry Miracle today to arrange an initial consultation. The number is (813) 655-3136.
Areas Served: Areas Served: I handle Social Security disability appeals for clients throughout the Tampa-St.Petersburg-Clearwater metropolitan area, including these counties and cities. Counties: Hillsborough, Citrus, Hernando, Manatee, Paso, Pinellas, Polk, and Sarasota. Cities: Bradenton, Brandon, Clearwater, Kenneth City, Largo, Lakeland, Palm Harbor, Sarasota, Spring Hill, St. Petersburg, Tampa, and Town 'n' Country. And: Auburndale, Bartow, Bayonet Point, Bayshore Gardens, Bloomingdale, Citrus Park, College Hill, Dunedin, Egypt Lake-Leto, East Lake, Elfers, Englewood, Fruitville, Greater Carrollwood, Gulf Gate Estates, Gulfport, Haines City, Holiday, Homosassa Springs, Hudson, Jasmine Estates, Keystone, Lake Magdalene, Land O' Lakes, Lealman, Lake Wales, Lakeland Highlands, Lakewood Ranch, Lutz, New Port Richey, North Port, Greater Northdale, Oldsmar, Palm River-Clair Mel, Palmetto, Pinellas Park, Plant City, Poinciana, Port Tampa, Riverview, Safety Harbor Seminole, South Bradenton, South Venice, Sulfur Springs, Greater Sun Center, Tarpon Springs, Temple Terrace, University, Westchase, Winter Haven, Venice, Ybor City, and Zephyrhills, Florida.