Social Security Disability RC

How to file for disability, Filing for SSI
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How Can I Win My Social Security Disability Case in Florida?

Related pages: How to Prove you are disabled and Win your Disability Benefits, and What kind of cases win disability benefits?.

Recently, I came across this question and the following commentary in a forum. “I have mental health issues, migraines, and insomnia. I have a hearing for Social Security Disability. I am very nervous and I would like to know what goes on at the hearing and how I can win. I am not a fake; I truly need the SSDI. I do have a lawyer.”

This statement garnered the following response in the forum: Do everything you can to recreate a list of days you had to get medical treatment and why, what you were able or unable to do when you were suffering from your disabling condition, and what you have done to recover your ability, so that you can show an ongoing or worsening situation.

While I do not totally disagree with this response, I am also not sure that it will help you win a disability case. An administrative law judge in Florida would be interested in how an individual’s disabling conditions have affected their daily life and their ability to maintain employment. To this end, the administrative law judge may ask questions about an individual’s medical treatment, medications, the side effects of their medications, and how their impairment has prevented them from performing their past work activity.

In this situation, the claimant's lawyer should have obtained current medical treatment information and forwarded this information to the Social Security hearing office prior to the hearing date. Additionally, the lawyer should have obtained a statement from their treating physician that contains a diagnosis, prognosis, response to prescribed medical treatment, and an opinion as to what the individual is able to do in spite of their medical or mental health issues.

Additionally, the person's lawyer should be familiar with their client's work history and all disability lawyers and non-attorney claimant's representatives should be familiar with the Social Security medical vocational guidelines.

It is hard to know exactly what an administrative law judge might require from the disability applicant. However, there are things that all disability applicants should keep in mind when attending a Social Security Disability hearing. Disability applicants should come to their hearing in proper attire (this is a hearing before a judge), be on time, and be prepared to answer questions about their daily life, their medical condition, their treatment, and how their condition has prevented them from working. If the disability applicant has representation, their representative will present their case to the judge, and the judge may or may not have questions for them.

The judge also may or may not decide to have a medical expert present and/or a vocational expert present. If a vocational expert is present, their function will be to cite jobs that the claimant might still be able to perform despite their condition, and that makes it pretty clear as to why someone should go to a hearing with a representative who knows how to cross examiner the judge's vocational expert, or VE. Because that can absolutely mean the difference between winning or losing the case.

Related pages:

1. Will I win disability?
2. Advice to Win disability benefit Claims

Essential Questions

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For the sake of clarity, is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the homepage and view the "about this site" link near the bottom of the page.