Florida Social Security Disability

If you are currently involved in the process of filing a claim for Social Security Disability and/or Supplemental Security Income, you already know how long and complicated the process can be.  What you may not realize is how important the opinions of your treating physicians can be.  Because your doctor has had the opportunity to see and evaluate you over an extended period of time, that doctor’s opinion will carry more weight with regard to how your condition would affect your ability to work.  Beware however, a blanket statement from your doctor that you are unable to work will generally not be considered acceptable evidence of your inability to work.  In the arena of Social Security Disability, the decision as to whether you are able to work, is left to the Administration and the Administrative Law judges.  Where your treating doctor can help is by ensuring that your complaints are documented in the medical records.  Make sure you are receiving treatment for the conditions which are preventing you from working.  If possible, request that the Administration provide your doctor with a form to complete regarding your ability to do various activities such as sit, stand and walk.  The more information that the Administration is able to gather on your condition that supports your complaints, the more likely that your claim will be approved.

Of course, if you have any questions or concerns regarding your claim for disability, please do not hesitate to contact me at:  www.ocalaw.com or 352-629-0480. 

If you have been found disabled by the Social Security Administration, your benefits will continue as long as your medical condition has not improved.  The Administration may periodically review your claim to determine whether your condition has changed.  If you are receiving disability benefits when you reach retirement age, your benefits will then convert to retirement benefits.

If you have any questions regarding a Social Security disability and/or Supplemental Security Income claim, please do not hesitate to contact me for a free consultation at 352-629-0480.  You may also wish to visite our website at www.ocalaw.com

Our office has been involved in thousands of supplemental security income (Title XVI) claims.  Unlike Social Security Disability (Title II) claims, SSI benefits are based upon disability as well as financial need.  Therefore, it is quite possible that you may be found disabled and unable to work, but because of your income and/or assets, you may not qualify for benefits under this program.  If you are an SSI claimant and you are found disabled, the Social Security Administration will review your assets and income.  If you are married, the income limit for a couple is $1011/month.  You are only allowed assets of $3000.00.  For an individual the income limit is $674 and the asset limit is $2000.00.  Please keep in mind that if your spouse is working, this income will be included in your “household income.”  Additionally, if you receive room/board from someone who does not expect to be reimbursed, this will also reduce the amount of your monthly benefits.  If your name is on a bank account, even if the bank account belongs to someone else, the money will be calculated as an asset.  If you have a life insurance policy, this may also considered.  If you own a property that is not your primary residence or if you have a 401(k) or pension this will also be considered to determine whether you may be eligible for SSI benefits. For more information on SSI you may wish to visit the Social Security Administration’s website at:  http://www.ssa.gov/pgm/links_ssi.htm

If you have any questions or concerns regarding your claim for Social Security Disability and/or Supplemental Security Income, please do not hesitate to contact me at 352-629-0480 or you may visit our website at www.ocalaw.com  

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wolframalpha.com  is a neat website that pulls together information on a particular topic.  Let’s say you are researching hair loss - if you click the link above you can find what treatments exist, what population suffers from this disorder etc.

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If you have applied for Social Security Disability Benefits and/or Supplemental Security Income benefits and your claim is denied, it is important that you file your appeal within the time frame allowed.  Generally, you must appeal the decision within 60 days of the denial, however, there are exceptions.  It is important to carefully review your denial to ensure that you do not miss a deadline.  Missing the deadline for filing an appeal, could result in a dismissal of your claim and could also preclude you from being eligible for certain benefits.  If you have questions about a denial you have received, please feel free to contact me at 352-629-0480 for a free consultation.  You may also wish to visit our website at www.ocalaw.com

A: In order to qualify for Social Security Disability, you must have a condition which is disabling for a minimum period of 12 months or more.  If you apply for benefits before this 12 month period has ended, you may receive a denial based upon this rule.  It is very important that you file an appeal if you know that your condition is going to last for 12 months or more.  Many times accident or illness may cause a person to be out of work while receiving treatment.  Often the treatment is successful and the person is able to return back to work.  Unfortunately, there are times when the treatment is not successful and the condition persists and continues to interfere with work activities.  In these instances, even if your disability has not yet lasted for 12 month, it is very helpful to obtain a statement from your treating physician with an opinion as to how long your condition is expected to last and a statement of your limitations.  You may also ask your physician for an opinion regarding your ultimate prognosis.

If you have any questions regarding Social Security Disability or Supplemental Security Income, please don’t hesitate to give me a call at 352-629-0480 for a free consultation. We  also invite you to visit us at www.ocalaw.com

By Dorothy Clay Sims

Help spread the word.  It’s dangerous if not treated.

Nearly 2/3 of those suffering from depression don’t get proper treatment.[1]

This is frightening when considering the pain this condition causes not only the patient but family members as well.  Unfortunately, social stigma may keep many people from seeking treatment or symptoms may be misdiagnosed by doctors who only have a very few minutes to devote to each patient in a managed care arrangements.  Symptoms can be so disabling that some people may not be able to work or even get out of bed in the morning.  Some cultures see depressed people as weak or lazy.[2]

A few years ago I was volunteering in India with my husband.  We met with a woman who was in the hospital and claimed to be unable to communicate.  Her family brought her in at wits end.  She stayed day after day.  My husband, a physician, conducted a thorough examination.  There was simply nothing physically wrong with the woman…except for her profound depression.

In that particular city, it was unacceptable to explain to the family that this woman had a mental illness.  Instead, we met with the head of the hospital and explained to the family that the woman suffered from a neurochemical imbalance which resulted in abnormal serotonin levels which could be helped by medication.

Low serotonin levels have been linked to depression making it clear that depression is more than just a feeling, it’s a chemical imbalance.[3]

The family and the patient were able to accept her condition when it was explained in terms other than mental illness. Sadly, mental illness is seen as something over which a person has control and often it is simply not the case.

If you or a loved one suffers from depression, get help… now.  Sometimes depression untreated may wreck havoc on your personal life, your spouse, your children and your work.

Remember, ask your doctor how long it may take before you could expect changes due to medications.  Some medications may take weeks before the patient feels results and some of my client’s don’t stay with the treatment thinking it’s not working after only a few weeks.
Give therapy and medication a chance, if not for yourself, for your loved ones.

[2] Id

[3] http://www.webmd.com/depression/recognizing-depression-symptoms/serotonin

Tags: Depression

There is no requirement that you have an attorney in order to appear in front of an Administrative Law Judge (ALJ) at a Social Security Disability hearing.  However, the ALJ should inform you of your right to find a representative and should fully inquire as to whether you are voluntarily waiving your right to representation.  Generally, the ALJ will allow you time to find an attorney or representative.  If the Judge offers you that opportunity, I would urge you to take it.  There are many reasons that the Judge may be suggesting you seek representation.  It could be that the medical evidence of record has not been properly developed.  It could be that there are legal issues which need to be addressed before the Judge can make a decision and the Judge wants to make sure that understand the legal consequences.  Sometimes the Judge simply wants the legal theory of the case to understand why you are disabled according to the social security rules and regulations.  Please make sure to contact someone who understands the rules and the proof required for a disability claim before you decide to proceed without a representative.  It could mean the difference between a favorable decision and a denial of benefits.  If you have any questions regarding your claim, please do not hesitate to contact me at 352-629-0480 or visit our website at www.ocalaw.com

If you have a private disability policy, you may wonder whether those benefits will affect your Social Security Disability benefits.  The answer is no.  Your Social Security Disability benefits are not affected by a private disability policy.  You should, however, check with your disability carrier, as often you are required to pay back a portion of the benefits paid by your private disability carrier should you eventually receive Social Security Disability benefits.  Additionally, benefits such as workers’ compensation and certain other public disability payments may affect your Social Security benefits.  If you have any questions regarding a Social Security Disability and/or Supplemental Security Income claim, please do not hestitate to contact me at 352-629-0480.  Please also visit our website at www.ocalaw.com