This video explains why a denial of social security disability benefits can happen in error.
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The Social Security Administration uses a process called sequential evaluation to decide if a person qualifies for either Social Security income or Social Security disability. The agency asks five questions, and if they find that you meet the criteria at each step, then you can proceed to the next step. However, once you fail to meet the criteria, you are then determined to be ineligible to receive benefits. The five steps follow:
- Are you working or earning income?
- Are you suffering from a severe medical impairment?
- Is your impairment listed in the SSA description called “Listing of Impairments?”
- Are you no longer able to work at a similar position you previously held in the past?
- Can you find other gainful employment, or do you face challenges due to age, lack of experience, lack of schooling or physical or mental limitations?
In addition to meeting the listed criteria, you must also be found as unable to work for at least one year. If you have questions about the specifics of any of these qualifying factors, talk to our Brandon disability lawyer. He can clarify the exact meaning of these phrases according to the stipulations determined by the SSA.
Disqualification for Disability According to Our Brandon Disability Attorney
The SSA will determine that you are not disabled if you meet any of the following:
- If you are engaged in gainful employment
- If you do not have a medical impairment
- If you have a medical impairment but can still continue to engage in gainful employment
- If you have not been out of work for at least 12 months due to this disability
- If you can perform similar work to what you have done in the past
- If you can perform other types of work.
Review SSI and SSD with Our Brandon Disability Attorney
If you do not understand the difference between SSD and SSI, call our Brandon disability lawyer for further information. The programs differ from each other, but both are in place to help provide for Americans.
The exact meanings of terms used by the SSA can be confusing to a lay person. Our Brandon disability lawyer will help you determine if you qualify for benefits. You can reach Garry Miracle at (813) 655-3136 for answers to your questions.
In the time leading up to your Social Security disability hearing, you may feel some anxiety about how the hearing will go and what you will say. This is why it is important to prepare what you are going to say with you lawyer. Ask any questions you have so that you know what to expect. Once you get to the hearing itself, it will be over before you know it. Hearings don’t take long, usually about an hour to an hour and a half.
After you have finished your Social Security disability hearing, you will probably feel a great deal of relief. The hearing that and you and your Brandon social security disability lawyer have been preparing for for months is finally over and you did your absolute best job to prove the extent of your disability to the judge.
You may also feel some anxiety to find out the decision in your case. Unfortunately, this is one area where your Brandon social security disability lawyer will be unable to do much. The system, like many government bureaucracies is slow. If you are lucky enough to have the judge issue a bench decision following your hearing, you will receive notice within a week. More likely, however, you will have to wait for a written decision to be mailed to you and your Brandon social security disability lawyer, which can take at least a month or even two. In some rare cases, you may get an unusually slow judge who takes longer.
You have little choice but to simply wait it out, as difficult as it is. If you have gone more than three months without receiving word from the judge or from your Brandon social security disability lawyers, you might want to call your lawyer to make sure something hasn’t gotten lost in the system somewhere. Other than that, just try to relax and get on with your life while the system works through your case.
For more information on how to proceed with a Social Security disability claim, contact Brandon social security disability lawyers at Garry Miracle. Call (813) 655-3136.
Before the disability hearing, you and your attorney from a Brandon disability law firm should discuss the following 5 tips on how you can best provide testimony at the hearing. These are proven methods for obtaining disability benefits.
Are you filing a disability claim but are not sure how to define your physical exertion levels? A Brandon Social Security lawyer can help you through the process of filing your claim.
A Brandon social security attorney advises that the 1991 revised edition of the DOT utilizes different definitions regarding levels of exertion. These definitions recognize that the exertional level is increased with constant lifting. You may find this revision useful if your past relevant work included constant lifting.
How do you define whether you do something occasionally, frequently or constantly? “Occasionally” indicates that you are active up to one-third of the time. Activity is considered “frequent” if it occurs up to two-thirds of the time, and “constant” is used to describe activity occurring more than two-thirds of the time.
Regardless of the amount of lifting required in your previous relevant jobs, it should be considered as “light work” when you spend a significant amount of time walking or standing, you sit most of the time, there are arm or leg controls involved, you work in production and there is a continual pulling or pushing of materials.
For more information regarding the classification of physical exertion levels, contact Brandon Social Security lawyer Garry Miracle at (813) 655-3136.
During your Social Security disability hearing, you can expect that your Brandon Social Security disability attorney will ask you a series of questions pertaining to how your disability physically limits you during your typical work day. It is important that you provide clear and concise statements to help demonstrate this information effectively to the administrative law judge.
Your testimony at your disability hearing will be the most important part of your hearing. It will be your opportunity for you to tell the judge your personal story of your impairment and why it prevents you from working. You will want to be informative, detailed, descriptive, sympathetic, and honest. You want the judge to believe your story and understand your plight through your testimony. Your Brandon Social Security disability attorney will be there to help guide your testimony and bring up other issues that you may forget, but the star of your testimony is you.
Your Brandon Social Security disability lawyer might ask you questions about physical activity and what actions you can and cannot perform. You might be asked how long you can sit down for, so you should talk about how, for example, you can only sit for 20 minutes at a time before you have to get up and walk around. You could talk about how it gets harder to do as the day goes on.Sometimes you might have good days and bad days. That is OK. Your Brandon Social Security disability lawyer can advise you how to talk about this. Describe what good days and bad days are like and how the bad days are much worse for you than the good days.The judge or your Brandon Social Security disability attorney might ask you how many days out of a month are good or bad days. It is a good idea to keep a daily record of this if you are not already doing so that you can present hard numbers to the judge instead of a guess.
For more information on how to testify at your disability hearing, contact Brandon Social Security disability attorney Garry Miracle at (813) 655-3136.
When applying for Social Security disability, claimants must be sure to fill out their application with perfect accuracy. About two-thirds of all claims are initially denied. But with an error-free application and the help of a Brandon Social Security disability attorney, you will improve your chances immensely.
Your testimony at your Social Security disability hearing will focus largely around your physical “residual functional capacity.” What are you able to do and what can you not do? Your Brandon Social Security Disability Attorney will explain the types of questions the judge will ask about your situation and help you find ways to explain your answer.
Sitting, Standing, and Walking
Your Brandon Social Security Disability Lawyer might ask you about how you can alternate between sitting, standing and walking. Your disability might make one of these much more difficult or strenuous than the others. If you are able to alternate sitting with standing, consider talking about how often you need to stand to not get tired and how long you must remain standing before you can sit back down again. You might want to imagine whether you would be able work at a standing bench by alternating sitting and standing.
You might need to go for a walk periodically after long periods of sitting. If so, tell your Brandon Social Security Disability Lawyer why you need to do this and how frequently. How long do you have to walk before sitting down? Could you get through an eight-hour workday like this?
Similarly, your Brandon Social Security Disability Lawyer might ask you about your ability to stand for long periods. Could you stand continuously for several hours? How long out of an eight-hour workday could you remain standing?
If you have more questions about how to testify at your disability hearing, contact Brandon Social Security Disability Attorney Garry Miracle at (813) 655-3136.
Should you make the effort to fill out an application for Social Security benefits? What if you spend time and energy on the application just to find out you are denied? Our Brandon Social Security disability attorney can outline four factors the SSA uses when determining eligibility for benefits.
Lay witnesses may be critical to the success or failure of your claim for disability benefits. As a result, you will want to work closely with a Tampa Social Security disability attorney to help vet your supporting witnesses and prepare them for trial.
Some sample questions that your Tampa Social Security disability attorney may ask include:
- Walking. Relevant questions may ask about whether the witness observed any difficulty walking. An effective witness can describe the disability in a colorful way such as describing how many blocks someone can walk and the number of rests that the individual needs.
- Arms and Hands. Some questions that a Tampa Social Security disability attorney can help you prepare for include whether the claimant has trouble holding onto objects and how often the claimant drops things.
- Pain. Relevant questions can address how much of the time the claimant is in pain and how the witness knows about the pain.
- Fatigue. A Tampa Social Security disability law office will be interested to know if the claimant gets worn out easily and examples of activities that tire out the claimant.
- Mental/Emotional. Some relevant questions can include whether the witnesses noticed any mental or emotional changes in the claimant such as depression, crying spells, panic attacks, social withdrawal, problems with memory, attention span or concentration.
Contact a Tampa Social Security Disability Law Office
If you have any questions about a disability hearing and preparing your witnesses, contact Tampa Social Security disability attorney Garry Miracle at (813) 655-3136.
A Brandon Social Security disability lawyer may provide a few suggestions about providing testimony during your hearing in front of the administrative law judge. One such recommendation might be to keep a daily journal that details the symptoms that you experience and your pain. This process can help you remember details that you can then recount to the judge.
If your mental condition is limiting your work, a Brandon Social Security disability attorney advises that you should be prepared to answer the following questions in your disability hearing.
You may be asked about your ability to do the following while at work:
- Make judgments;
- Respond to supervisors and co-workers;
- Handle changes; and
- Remember, understand and carry out instructions.
How you handle stress is a big factor in how your case is assessed. Each person handles stress differently, so you need to communicate what you find stressful and how you handle it. The following list are triggers that may affect your stress level:
- Making decisions;
- Meeting deadlines;
- Sticking to a schedule;
- Working with others;
- Working at a quick pace;
- Working with precision;
- Completing job tasks;
- Completing complicated tasks;
- Dealing with or being critiqued by supervisors;
- Knowing that your work is supervised;
- Dealing with the public or clients;
- Getting to work on time or remaining at work all day;
- Making it to work regularly; and
- Fear of failure.
Even the monotony of routine can be stressful, whether the work seems meaningless or you are not given the opportunity to learn new things and grow in new directions.
When you are considering what stresses you out at work, contact Brandon Social Security disability attorney Garry Miracle at (813) 655-3136.
Don’t despair if your first claim for Social Security disability benefits was denied. Your Tampa Social Security disability lawyer will encourage you to file an appeal that may have a better chance. You may also be able to receive additional benefits if your case is reopened. To find out more about what you can do, watch the following video.
Getting approved for disability benefits is a long and slow process, and once you receive your favorable decision, you will probably feel a great deal of relief. However, there are a few things you should still keep in mind even after being approved. There will be some loose ends to take care of that your Tampa Social Security disability lawyer will help you with.
Many disability claimants note that the approval letter states that the Appeals Council may review your decision “on its own motion.” This sounds like a cause for concern, but it is unlikely that you should worry about it. The Appeals Council reviews a small number of cases, and for a very small number of these, chooses to reverse the judge’s decision and deny the claimant’s benefits. However, this is rare and you will have at least 60 days’ notice to deal with it if your case has been selected. You may want to ask your Tampa Social Security disability lawyer what to do if this happens.
Make sure you understand the difference between attorneys’ fees and expenses. This is a common source of confusion for disability claimants. Attorneys’ fees are paid out of a percentage of the disability benefits you are awarded by the Social Security Administration. Your Tampa Social Security disability attorney may also ask you to reimburse them for certain expenses related to working on your case, which are not included in the attorney’s fees.
If you have any questions, talk to your Tampa Social Security disability lawyer. Call Garry Miracle at 813-655-3136.
Preparing Witnesses Without Rehearsing
There is a thin line between preparing your witnesses and simply rehearsing that a Tampa Social Security disability law firm needs to emphasize. Your attorney should interview your witnesses ahead of time and tell the witnesses how their testimony can be more effective.
However, your Tampa Social Security disability attorney should stop short of rehearsing your witnesses. That’s because it is almost impossible to rehearse a witness so that testimony does not appear to be rehearsed and unnatural and therefore lose all credibility before an adjudicator.
Creating Good Testimony With a Tampa Social Security Disability Law Firm
The most effective witness testimony usually involves observations and not conclusions. For example, testimony from a lay witness that simply rehashes the name of your medical condition adds no benefit to your case. In addition, your witness should not state legal conclusions such as that you suffer a “permanent disability.” Instead, your witness should recount what he or she sees and how your work and life ability is affected by your condition.
Contact a Tampa Social Security Disability Law Firm
If you have any questions about a disability hearing and preparing your witnesses, you should talk to an experienced attorney. Schedule a consultation with a Tampa Social Security disability attorney Garry Miracle by calling (813) 655-3136.
If you are considering applying for Tampa Social Security disability benefits, it is important to understand the 5-step sequential evaluation process so that you understand how the agency will make its determination. Here is an overview of the process to help you understand what the agency considers to be disabled and what impairments qualify for disability benefits.
SSA looks to several different areas of importance to assess whether or not you are eligible for disability benefits. One such area, described below by your Tampa Social Security disability law office, involves your past relevant work.
Your Tampa Social Security Disability Lawyer on Your Past Relevant Work Performance
SSA will first look to your past work as you performed it. Thus, your personal skills and abilities will be most relevant here. At your hearing, the judge may call a vocational expert to testify regarding your past relevant work. An attorney from your Tampa Social Security disability law office will explain that the judge will still be interested in your testimony on the matter, but a vocational expert can offer his professional opinion to help the judge make his decision.
Your Tampa Social Security Disability Lawyer on National Economy Work Performance
The vocational expert may also testify on the past work you have held as it is performed in the national economy. If you are still able to perform the work at this level, even if you cannot perform at the level you had done in the past, you will be found not disabled.
A successful disability application begins with finding the right Tampa Social Security disability law office to represent your needs. Garry Miracle can help. Call (813) 655-3136 today for more information.
Disability claimants who fail to obtain proper medical treatment are setting themselves up for negative consequences when they try to prove their disability in a court of law. Documented and recent medical records are imperative in a disability case. For more information, contact an experienced SSD lawyer to discuss your case specifics and how best to proceed.
As part of your SSD case, you must attend the Social Security hearing. If you retain an experienced Brandon disability attorney, he will help make sense of the procedure and prepare you for testimony before the ALJ.
A Brandon disability attorney discusses the role of the ALJ at the Social Security hearing.
As your Brandon disability attorney may tell you, Social Security regulations do not provide much detail in their description of the hearing. It does define the role of the administrative law judge, or ALJ, stating that “[a]t the hearing, the administrative law judge looks fully into the issues, questions [the claimant] and the other witnesses, and accepts as evidence any documents that are material to the issues.”
The ALJ may also “receive evidence at the hearing even though the evidence would not be admissible in court under the rules of evidence used by the court.”
A Brandon disability attorney explains how ALJs will handle claimants and witnesses
The ALJ will have the witnesses testify under oath and allow both parties to question them. The ALJ has the authority to determine the timing of the evidence to be presented and issues to be discussed.
Your Brandon disability lawyer may not be able to predict how the ALJ in your case will conduct the hearing since there are slight variations on how each ALJ will conduct a hearing. For example, you might encounter an ALJ who would change his procedure if you are not represented by a veteran Brandon disability lawyer. In that case, he might make adjustments to:
· The length and content of his opening statement;
· How much or in depth he will question you; and
· When he will question you-either before or after your attorney asks questions.
The ALJ at your hearing may allow the witnesses to stay while you testify or ask them to leave during the testimony. However, your ALJ won’t conduct the hearing in a way that radically departs from the norm since all ALJs abide by procedures established in the SSA manual called HALLEX.
Brandon disability attorney Garry Miracle has the legal knowledge and experience to assist you in obtaining your SSD benefits. For a free initial consultation, please call his law offices at 1-(813) 655-3136.
As part of your Social Security Disability claim hearing, you’ll be called to testify about the nature of your injury and how it impacts on your ability to work. A skilled Brandon disability attorney will prepare you by asking practice questions that you can expect to hear during this phase of your claim.
Your hearing will be very important to determining your benefits eligibility. Thus, your Brandon Social Security lawyer will prepare you as to how the hearing will be conducted and what you should expect.
The People Present at Your Hearing
When you enter the hearing room, you will find a conference table at which you and your Brandon Social Security attorney will sit. Any witnesses present on your behalf or that have been called by the judge to testify will also be seated at this table. The ALJ will have his own desk, but his assistant will have a computer at the conference table where he will be recording the hearing.
Your Brandon Social Security Lawyer With General Hearing Information
If the judge asks a question of you, it is up to you and you alone to give a response. Do not expect that your attorney will jump in to explain something. Additionally, your witnesses are not permitted to add anything unless asked specifically by the judge. Any testimony given by you, your witnesses or the judge’s witnesses will be done under oath.
How a Brandon Social Security Lawyer Can Help
As you prepare for your hearing, you may feel overwhelmed or uncertain. These worries are natural and can be lessened with the assistance of a knowledgeable Brandon Social Security attorney. Call Garry Miracle today at (813) 655-3136 for more information.
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 Brandon Social Security attorney will explain how SSA uses the Listing of Impairments to evaluate claimants’ impairments for disability benefits eligibility.
If you have applied for SSD, you will need to prove that your impairment fits the definition that the Social Security Administration uses for such purposes. Your doctor will play an important role in the success of your disability claim. As such, your Brandon Social Security lawyer will want to speak directly to him in order to offer advice and answer any questions your doctor has.
Your Brandon Social Security Attorney on the Importance of Medically Determinable Impairments
In order to be considered a medically determinable impairment, there must be objective medical evidence that proves your impairment. Thus, your doctor’s opinion must be based on more than simply your own description of symptoms. There are certain exceptions SSA has made to account for impairments that cannot be proven by tests and are only evident through patients’ symptoms.
Your Brandon Social Security Attorney on SSA’s Expectations of Doctors
It is important for your doctor to understand that SSA does not expect or desire him to make any opinion regarding how your impairment fits into the legal definition of disability. The decision is SSA?s alone to make and your doctor’s role is to offer his expert medical opinion as to what you are able to do and the limitations your impairment has caused.
Have Your Doctor Call Your Brandon Social Security Attorney
It is important that both you and your doctor understand the requirements of being found disabled by SSA. Garry Miracle is a knowledgeable and experienced Brandon Social Security lawyer who can answer any questions your doctor may still have. Call (813) 655-3136 today.
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.
What does it mean to be disabled as far as the SSA (Social Security Administration) is concerned? When it comes to getting federal benefits, not all types of impairment are the same. Talking to a Brandon disability lawyer is one way to get a better understanding of how the government determines if you can work.
A Brandon Disability Lawyer Knows the Social Security Disability Act
Your Brandon disability lawyer knows that the Social Security Disability Act has several elements you need to meet in order to be found disabled. They are:
- A medically determinable impairment. This is a mental or physical condition that comes from abnormalities which can be diagnosed using established medical practices.
- Meeting the duration pre-requisite. In other words, the condition is likely to last (or has already lasted) one year or more, or will result in death.
- Having a condition which does not let you perform work similar to what you have done in the past.
- Having a condition which does not let you do any other kinds of work that is available in the present economy, taking into account your past employment experience, age, and education.
For additional questions, contact a Brandon disability attorney.
A Brandon Disability Lawyer to Answer Your Questions
Questions about whether you qualify for disability can be confusing. You must be unable to work for a period of at least 12 months, but you must also meet SSA’s specific definition of “disabled.” Talk to Brandon disability attorney Garry Miracle at (813) 655-3136 for assistance with your claim, particularly if you have been denied.
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.
The disability claims process may seem simple, but it is fraught with complexities that one may not realize initially. One such matter relates to the appeals process. If you have never been to a Social Security disability hearing before, they can be confusing, overwhelming, and intimidating. But with a Brandon Social Security disability lawyer, you will know what to expect, so you can feel more at ease with the process.
A Brandon Social Security Disability Attorney Stays with You
If you choose, your Brandon Social Security disability lawyer will be in the hearing room with you. The hearing room is just a conference room. It may have several things you would expect to see in a government building, such as an official seal or an American flag.
In the center of the room will probably be a conference table, where you and your Brandon Social Security disability attorney will sit. Others seated at the table may include any witnesses or experts who are weighing in on the case. The judge will likely have his or her own desk on a slightly higher level than the rest of the participants. His or her assistant may also have a separate desk at which to work.
Get a Brandon Social Security Disability Lawyer for your Benefit Hearing
If you have appealed your claim and are called to a hearing, you don’t have to face it without assistance. Contact Brandon Social Security disability lawyer Gary Miracle at (813) 655-3136 today. He can advocate for your rights both before and during your hearing.