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 attorneyGarry 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.
Many individuals who are injured and need to file for disability are unsure of what to do. This is especially the case when they face an initial denial of their claim. It is important to keep in mind that a denial does not mean you should give up. Many claimants succeed on appeal. Eventually you may be called to a hearing. This is a good thing, for at this level many previous denials are accepted. Your Brandon Social Security disability attorney will help you prepare for the hearing, but the following are answers to a few common questions clients have.
Questions Clients Often Ask
Question 1: Do I have to get medical records for my Brandon Social Security disability attorney?
Answer: Actually, it’s generally better if you do not even attempt to acquire such things unless asked by your Brandon Social Security disability lawyer.
Question 2: What happens if my physician gives me notes or a report on my condition or progress?
Answer: If you needed a disability form filled out by your physician because an insurance company requested it, make sure you send a copy to your Brandon Social Security disability attorney.
Answer: If this happens, call your Brandon Social Security disability attorney and talk to him or her about this. At the very least, your attorney may want a copy of the form. It probably concerns what type of work, if any, your doctor feels you can do. Try not to send anything directly to the judge without notifying your lawyer.
A Brandon Social Security Disability Attorney Who Is Ready to Help
Brandon Social Security disability lawyer Garry Miracle is ready to help. Call him at (813) 655-3136 today to discuss your case.
Many clients who receive notice to appear at a Social Security disability hearing when they have appealed wonder what will take place. Your Brandon disability attorney will prepare you to testify effectively at your hearing. Generally, you should describe your limitations the way you would to a friend.
What Will I Be Asked?
Your Brandon disability attorney will tell you to be prepared to answer things like how far you can walk or how long you are able to stand. The judge will be trying to gauge the daily activity limitations brought upon by your impairment.
How Should I Answer?
The most important thing is to be honest. Your Brandon disability attorney will advise not to answer in a formal or rigid way. Rather, address the judge as if you are having a casual conversation in which you are giving a descriptive explanation. This might mean offering examples of a time you recently could only walk so far or stand for so long.
Should I Volunteer Information?
The first thing your Brandon disability lawyer will tell you about your hearing is that it is not a trial. That is, the hearing is non-adversarial. Thus, examples that tell the story of your day-to-day life and how it has been affected since you’ve become impaired are what will give the ALJ the information he needs to decide your claim.
Do I Need an Attorney?
One of the best things you can do for yourself at your hearing is to bring an experienced Brandon disability lawyer to be on your side. Call Garry Miracle today at (813) 655-3136 for more information.
When filing for Social Security disability benefits, you may wonder about your qualification. Applicants often find the means of determining that they are disabled by SSA’s standards difficult to understand, let alone meet. In general, regulations are geared towards people between the ages of 50 and 60, but if you have not been able to work full time or complete certain tasks at work due to a disability, you may qualify to earn benefits. A Brandon Disability Attorney can help you determine if you qualify.
A Brandon Disability Attorney Can Explain the Meaning of “Disabled” There is a difference between being considered disabled, and being unable to work. The Social Security Administration has a very specific definition that differs from conventional understanding. Your lawyer understands this distinction, and knows what requirements must be met to be deemed disabled. Your attorney will then help you through the process of working with the Social Security Administration and convincing the SSA.
If You Are Denied Benefits Do Not Give Up If you are denied Social Security disability benefits, do not give up. Many claims are denied initially. Continue to appeal until you are able to schedule a hearing with a judge. Your lawyer can aid you in this process as you pursue your next appeal.
Call Brandon Disability Attorney for Legal Assistance Determining if you qualify for Social Security disability benefits and having a claim approved can a difficult and arduous process. Claimants who are suffering the effects of their injury are often discouraged by the process, but a Brandon disability lawyer can help. Call Garry Miracle at 813-655-3136 today to arrange a meeting.
Individuals who become disabled and are no able to work often are in a quandary as to what they need to do to qualify for disability. SSD does not make matters any easier. The application and wait can be very frustrating. In a nutshell, in order to be found disabled, you need to meet specific federal criteria. For a complete list, talk to a Brandon Social Security disability attorney who can go over your case with you in detail.
Brandon Social Security Disability Attorneys Know How Impairment Is Determined
Your disability claim acceptance often depends on whether or your medical symptoms match those found in the federal government’s “Listing of Impairments.” Determining on your own whether you qualify based on this list can be a daunting task. Your Brandon Social Security disability attorney can go over this list with you to see if it applies.
Brandon Social Security Disability Attorneys Can Help
Even if you don’t see your particular disability on the impairment list, Brandon Social Security disability lawyers may be able argue your case. This often occurs when your condition is not on the list but may be considered just as severe as one that is. It can also occur when you have a number of conditions that are not on the list, but when combined equal a condition just as debilitating as one that is.
Do You Need Help from a Brandon Social Security Disability Attorney?
For more information about the criteria for impairments, talk to Brandon Social Security disability lawyer Garry Miracle at (813) 655-3136 and schedule an initial consultation.
Brandon disability lawyers will advise that physicians should not compare a patient with an average individual who possesses the same impairment. According to the rules set forth by the Social Security Administration (SSA), comparing a patient to an “average man” is not appropriate because some individuals are limited by their symptoms more than others.
An example given by the SSA is that of one individual suffering from a back disorder who is able to perform medium work activities on a sustained basis, and another individual with the same disorder who is not able to perform more than light sustained work due to the pain he or she experiences. Brandon disability lawyers know that the SSA recognizes that
Won’t a treating physician’s opinion be subjective concerning a patient’s ability to work?considerations must be taken into account for individual differences in pain tolerance and coping abilities.
An opinion given by a treating physician can be very subjective. In light of this, Brandon disability lawyers know that the SSA
recognizes that the symptoms that limit any claimant are both subjective as well as difficult to quantify. Clinical and laboratory techniques for obtaining diagnoses are simply not adequate to objectively measure a claimant’s symptoms.
Your Brandon disability attorney knows that the SSA may request a physician’s opinion concerning the severity and nature of his or her patient’s symptoms, as well as any mental or physical restrictions the patient has and what the patient is still capable of doing in spite of his or her impairments. When a physician renders professional judgment to determine what a patient is capable of, the physician must:
• Ascertain if a reasonable medical diagnosis can be attributed to the patient’s symptoms; and
• Determine if the medical findings and signs are reasonably consistent with the patient’s claimed limitations.
Knowing what the Social Security Administration expects of your treating physician is important when considering your disability claim. For legal assistance, please call Brandon disability attorney Garry Miracle at (813) 655-3136 to schedule a free consultation.
Disability attorneys in Brandon will advise you that Social Security Administration (SSA) disability claims may go through four different levels of adjudication.
1. Initial decision.
3. Administrative Law Judge Hearing.
4. Appeals Council Review.
If these four levels have been completed, federal court is the next stop for a claim.
The Social Security Administration allows you and your disability lawyer in Brandon 60 days after a decision is made to file an appeal. However, the SSA almost always allows 65 days because they assume that it typically takes five days for claimants and their disability attorneys in Brandon to receive the decision. One exception exists to this 65 day rule: when a denial rendered at the administrative law judge hearing level is appealed at the Appeals Council level after a remand from a federal court. In this situation 30 days is the new time limit. If the last day of the time period in question falls on a Sunday, Saturday, legal holiday or other day that federal employees are not required to work (either full or part time), disability attorneys in Brandon are aware that the next complete workday constitutes the end of the time period.
The day the SSA receives an appeal is the date assigned as the filing date. However, the SSA grants some leeway if a postmark is damaged or non-existent, or if the date causes a lessening or actual loss or rights.
The legal expertise of a competent and knowledgeable disability lawyer in Brandon can help you navigate the Social Security disability appeals process successfully. Please contact Garry Miracle at (813) 655-3136 to schedule a free consultation.
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.