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  • Sebring Social Security Disability Attorney Discusses the Hearing

    Sebring Social Security Disability AttorneyThe Administrative Law Judge

    As a Sebring Social Security disability attorney will tell you, a Social Security disability is nowhere near as formal as a court hearing. You will appear before an administrative law judge; however, the hearing is not adversarial. In other words, you are not there to be found guilty of anything.

    Instead, the hearing is held to find out if you are disabled and eligible for benefits. The SSA says that it doesn’t take ‘sides’ in disability cases. The SSA sees its responsibility as giving benefits to people with disabilities and denying benefits to people who are not disabled.

    According to a Sebring Social Security disability lawyer, the ALJ is a neutral party who looks at the facts. Around 60 percent of claimants who have hearings are granted disability benefits. While the role of the ALJ is to be impartial, ALJs are human, so there will be differences among ALJs. Some might be hard to convince, while others will be very generous, says a Sebring Social Security disability attorney.

    Evidence at the Hearing

    Your lawyer will collect evidence to prepare for your hearing with an ALJ. Evidence will include documentary evidence such as medical opinions and medical records. In addition, your Sebring Social Security disability attorney will question, or examine, witnesses and present witnesses’ testimony. The most important thing that your Sebring Social Security disability attorney will do is to present your disability case in the best possible light to demonstrate that you are disabled and should qualify for benefits.

    Your Sebring Social Security disability lawyer should not treat the ALJ as an adversary, or enemy, even when making arguments against the ALJ’s opinion. A good judge will let your attorney know if he or she has a problem with some aspect of the case. This is not to create an argument, instead, it gives your lawyer the chance to defend your case.

    Your Sebring Social Security disability attorney is allowed to present evidence that would not be considered admissible in a court. In addition, there are usually no strict deadlines for submitting evidence, although this is changing.
    If your Sebring Social Security disability lawyer is having trouble getting a piece of evidence, the ALJ might be able to wait until after the hearing to receive the evidence or issue a subpoena for it.

    Your Appearance at the Hearing

    You can appear before the ALJ by video conference or in person. If you don’t want to appear by video, you don’t have to.

    If you have questions about Social Security disability and would like to speak with a Sebring Social Security disability attorney, please call the attorneys at Kaylor, Kaylor & Leto, at 1 (800) 900-7734.

  • Benefits for Fibromyalgia Patients

     

    Winterhaven Social Security Disability LawyersFibromyalgia is a serious and debilitating pain condition afflicting many Americans each year. The condition is marked by tenderness and discomfort in a number of areas across the body, and is often treated with narcotic pain medication. As most Winterhaven Social Security disability lawyers can attest, continuing to work full-time while suffering from the effects of fibromyalgia is difficult if not impossible for many patients. If you are one of the thousands of Americans suffering from fibromyalgia and are considering disability benefits, our Winterhaven Social Security disability attorneys can help you compile your evidence and submit your claim.

    Winterhaven Social Security Disability Attorneys Discuss the SSA’s Symptom Requirements

    Under SSA guidelines, applicants for fibromyalgia disability benefits must meet certain criteria before becoming eligible for monthly payments. As your Winterhaven Social Security disability lawyers will explain further, the SSA’s guidelines are generally set forth in its Blue Book, which includes a list of diagnostic criteria SSA agents must consider when making a decision to render benefits. Your Winterhaven Social Security disability lawyers can help you determine if you meet the fibromyalgia threshold, which includes a finding of the following:

    • a history of widespread pain across all areas of the body;
    • at least 11 tender points on a physical examination; and
    • exclusion of other disorders as the cause of the pain, including laboratory testing measuring complete blood counts, erythrocyte sedimentation rate, anti-nuclear antibodies, thyroid function, and rheumatoid factors

    As your Winterhaven Social Security disability attorneys will explain, the SSA requires medical evidence supporting the assertion that the patient has 11 tender points on his or her body, including the base of the skull, lower back, shoulder blades, second rib, outer aspect of the elbow, top of the buttocks, below the hip and the inner aspect of the knee.

    Your Winterhaven Social Security disability lawyers will also address the additional fibromyalgia diagnostic requirements set forth in the updated 2010 ACR Preliminary Diagnostic Criteria, which requires a finding of six or more fibromyalgia symptoms including fatigue, mental fogginess, not waking refreshed, anxiety, depression, irritable bowel syndrome or cognitive problems.

    Contact Our Winterhaven Social Security Disability Lawyers Today

    If you are suffering from the effects of fibromyalgia and would like to speak to one of our renowned Winterhaven Social Security disability lawyers about your condition, we encourage you to contact the attorneys at Kaylor, Kaylor & Leto by calling (800) 900-7734 today.

  • Guidelines to Prevent Surveillance Video and Social Media from Damaging Your Case

    Social media is a powerful tool to spread a message, and your case is no exception. Your personal injury attorney will have to anticipate the opposing attorney manipulating information on social media to discredit your injury claim. If you follow these guidelines, you will be able to safeguard your case from social media and online video.