Posts Tagged ‘Orlando Social Security Disability Attorney’

2014 Best of Orlando Award in Social Security Counselors & Representatives

Sunday, July 13th, 2014

James W. Nuebel of The Nuebel Law Firm, P.A. has been selected for the 2014 Best of Orlando Award in the Social Security Counselors & Representatives category by the Orlando Award Program.

Each year, the Orlando Award Program identifies local companies that enhance the positive image of small businesses through service to their customers and their community. These exceptional companies help make the Orlando area a great place to live, work and play.

Various sources of information were gathered and analyzed to choose the winners in each category. The 2014 Orlando Award Program focuses on quality. Winners are determined based on the information gathered both internally by the Orlando Award Program and data provided by third parties.

How to Apply for Social Security Disability Benefits

Tuesday, April 22nd, 2014

When I receive an initial telephone call from a potential Social Security disability client they often have not applied for disability benefits as they are not sure how to start the process or think they need an attorney to file the application for them. This blog will discuss how to apply for disability benefits and some pointers to help you apply for benefits.

The best way to apply for benefits is to do it online at ssa.gov which will take you step by step through the process. You can log on and off at your leisure until the application is complete then hit the submit button.

You will need basic information such as claimant’s full name, home address, telephone numbers, date of birth, Social Security Number, marital status, any dependents etc. Also will need information about work history and any medical conditions that is preventing you from working.

It is very important that you provide complete information regarding your medical treatment to include doctors name, name of the medical practice, address and telephone number so the Social Security Administration can obtain these medical records. If you do not fully disclose the medical information the SSA can not get the records.

Other ways to apply for Social Security disability benefits is to call the SSA at their toll free number at 1-800-772-1213 and they will schedule an appointment at your local SSA office to complete the application. Another way to apply is to go to the local SSA office as an unscheduled walk in but be prepared for a long wait.

Further list all medical and mental conditions even if they seem minor to you as sometimes a combination of medical conditions may prevent from working whereas any of the conditions singularly would not prevent you from working.

Also give some thought on the date you use as the date you became disabled which should be the date you were no longer able to work. Such dates may be the date you had to be hospitalized, or had surgery, or had to quit your job due to the inability to continue working due to medical conditions.

James W. Nuebel
Orlando Social Security Attorney

Consultative Examinations in Social Security Disabilty Claims

Tuesday, April 22nd, 2014

When you apply for Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) disability benefits, sometimes the Social Security Administration (SSA) may decide you need to have a consultative examination (CE) or tests with a medical doctor before they can determine if you qualify for disability benefits.

The Disability Determination Services (DDS) in your state reviews your disability claim, will schedule and pay for the medical examination or tests and will review this documentation along with all of your other information in your application in making a decision.

The doctor who sees you will only do an examination, will send a report to the DDS and will not treat you or prescribe medications for you.

The claimant will receive a letter from the SSA informing them whether they are disabled. If the claimant does not agree with the decision the letter will advise the claimant on how to appeal the decision. If the claim is denied and you do not already have an attorney representing you then you should hire an attorney to file any necessary appeals on your behalf.

James W. Nuebel
Orlando Social Security Attorney

The Listing of Impairments

Saturday, September 28th, 2013

The Social Security Administration uses what are called the Listing of Impairments in determining if a claimant is disabled and describes for each major body system impairments that are severe enough to prevent a person from engaging in any gainful activity. Currently there are over 100 listed impairments.

The Listing of Impairments discusses what kinds of medical evidence should be reviewed and how the SSA evaluates signs, symptoms, laboratory results, diagnostic testing findings, responses to prescribed treatment and functional limitations to determine the severity of impairments. If the evidence proves the existence of all of the criteria required by one of the impairment listings then the claimant meets the Listing and will be found disabled.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Daily Activity Questions Are Asked At The Social Security Disability Hearing?

Thursday, July 25th, 2013

At the Social Security disability hearing the claimant will be asked about their daily activities by the judge or their attorney, such as:

Are you licensed to drive?
Do you drive?
Do you have difficulty driving?
Are you able to drive long distances?
What time do you get up in the morning?
What time to you go to sleep?
Do you sleep well at night?
Do you rest during the day?
Do you lie down during the day?
What time do you eat meals?
Do you prepare your own meals?
Are you able to perform the following household chores?
Washing dishes? Washing Clothes? Vacuuming? Making beds?
Take out the garbage? Mow the yard? Do other housework?
Do you take walks?
Do you watch TV?
Do you use a computer?
Do you have difficulties with: Bathing? Showering?
Dressing yourself? Combing your hair? Brushing your teeth?
Do you go shopping?
Do you visit with friends or family?
Do you have young children at home?
Do you take care of any pets?
Do you have difficulty getting along with people?
Are you a member of any clubs, organizations or church?
Are you involved in any of the following recreational activies?
Going to movies? Going out to eat? Sports? Theme Parks?

When testifying you need to provide detailed information about your daily activities to the Social Security disability judge in order to prove that your medical conditions are severe and disabling and prevent you from working.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Functional Capacity Questions Are Asked At The Social Security Disability Hearing?

Thursday, July 25th, 2013

At the Social Security disability hearing the claimant will be asked about their functional capacity limitations by the judge or their attorney, such as:

Are you limited in the use of your shoulders, arms, wrists or hands?
Describe your limitations?
Are you able to reach your arms above shoulder level?
Are you able to use your hands for repetitive movements?
How long can you sit comfortably in one spot?
How long can you stand in one spot?
Do you have difficulty walking?
How far can you walk?
Do you need a cane or crutches to walk?
Do you have difficulty bending, stooping or crouching?
How much can you lift or carry?
Do you have any balance problems?

When testifying you need to give detailed information regarding your functional capacity limitations so the Social Security judge can determine if your limitations are severe enough to prevent you from working and make a favorable ruling in awarding you Social Security disability benefits.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Medical Questions Are Asked At The Social Security Disability Hearing?

Saturday, June 22nd, 2013

At the Social Security disability hearing the claimant will be asked about their medical conditions, illnesses and injuries by the judge or their attorney, such as:

Describe your illness/injury/condition
Do you experience pain?
Where? How often? How severe?
Do you take medications to relieve pain?
Do you receive regular medical treatment?
What types of treatment?
Medications? Physical therapy? Counseling?
Any side effects from medications?
Have you ever been treated for a mental condition?
Depression? Anxiety? Schizophrenia?
Have you had any hospital ER visits?
Any hospitalizations?
Any surgeries?

When testifying it is most beneficial to give detailed information regarding your disabling medical conditions that prevent you from working so the Social Security disability judge can assess the severity of your medical conditions in determining whether to award you Social Security disability benefits.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Work History Questions Are Asked At The Social Security Disability Hearing?

Friday, June 7th, 2013

At the Social Security disability hearing either the judge or your attorney will ask you the following general questions regarding your work history such as-

Are you currently working?
Full-time or part-time?
When was the date you last worked?
What type of jobs have you worked in past 15 years?
For your most recent job-
Name of employer
Job title
Dates of employment
Job duties
Why did you leave that employment?

Some Social Security judges like to have the claimant testify in great detail about their past relevant work for the past 15 years while other judges will rely more on what’s already in the claimant’s Social Security file which has information on past jobs, earnings history, past employers, job duties etc.
For a Social Security disability claim the claimant has to prove not only that they can not perform their past relevant work due to severe and disabling medical conditions but also have to prove that they can not perform any other jobs based on their age, education, medical conditions, restrictions and limitations.
Generally an older and less educated claimant has a better chance of being found disabled than a younger and betted educated claimant. Of course, the most important factor in a Social Security disablity claim is to have severe and disabling medical conditions that prevent you from doing any work.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Background Questions Are Asked at the Social Security Disability Hearing?

Friday, June 7th, 2013

At the Social Security disability hearing either the judge or your attorney will ask the following general questions regarding your background and biographical information such as –

Your name?
Your date of birth?
Your marital status?
Does your spouse work?
Do you have minor children?
Highest grade completed in school?
Ever serve in the military?
Your current source of income?
Do you have health insurance or Medicaid?
What is your height and weight?
Do you have a valid driver’s license?

These may seem like rather innocuous straight forward questions but your answers may have unintended consequences. For example if you testified that you have three children under age six at home that you take care of during the day the Social Security judge may consider this evidence that you do not have severe impairments that prevent you from working and use this as a basis in denying your claim. Or if you testify that you have health insurance but your medical records indicate that you did not seek much medical treatment for your medical onditions the judge may rule that your medical conditions are not severe and disabling enough to prevent you from working and deny your Social Security disability claim. However, for example, if applicable and truthful, you further explained to the judge that your mother in law lives a block away and helps with the children everyday and that you only had health insurance coverage the last three months then this puts the evidence in a better light and would be more favorable for the claimant.

By James W. Nuebel
Orlando Social Security Disability Attorney

How Are Social Security Disability Claims Evaluated?

Saturday, May 11th, 2013

The Social Security Administration law requires that a person’s physical and mental impairment(s) have to be of such severity that they can not perform their previous work but also can not, considering their age, education and work experience, do any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which they live, or whether a specific job vacancy exists for them, or whether they would be hired if they applied for the job. In laymans terms this means for you to collect Social Security disability benefits you must prove your physical or mental impairments are so severe that it prevents you from doing any of your former jobs and prevents you from doing any other type of work.

By James W. Nuebel
Orlando Social Security Disability Attorney