Disabilities That May Qualify for Benefits

disability attorney in Marietta One of the most important responsibilities of a disability attorney in Marietta is helping Social Security disability benefits applicants demonstrate the effects of their disabilities upon their work. This is not always an easy undertaking although it may be easier for claimants older than 50 years old.

Applicants Under 50 Years of Age and Their Disability Attorney in Marietta

The Social Security Administration may consider claimants younger than 50 years of age to be “disabled” if they cannot complete simple physical movements during their jobs. A disability attorney in Marietta can explain that this list of movements encompasses:

  • Bending
  • Walking
  • Lifting items or other “hands-on” activities
  • Standing
  • Sitting

A disability lawyer in Marietta can explain that mental disabilities and illnesses can also qualify applicants for disability benefits, but the inability to complete simple tasks like sitting and standing are some of the most common incapacities.

In order to potentially receive disability benefits, applicants aged 49 years old or younger can work with a disability attorney in Marietta to demonstrate that they cannot fulfill occupations requiring even the simplest physical movements. On the other hand, claimants should also show their skills and abilities, no matter how limited.

Applicants Older Than 50

A disability lawyer in Marietta might recommend that an applicant between 50 and 54 years old provide testimony about his or her inability to complete light work, such as standing for long periods of time and lifting light packages.

The Social Security Administration can find applicants over the age of 54 disabled if they cannot stand for extended periods or lift heavy packages. A disability attorney in Marietta knows that it is typically easier for older applicants to receive disability benefits than younger applicants, assuming that they can thoroughly explain their abilities and incapacities to an administrative law judge.

Applicants of All Ages Can Consult an Attorney

Applying for benefits and testifying in front of an administrative law judge is a complicated process that a disability attorney in Marietta may be able to simplify. Call Dorine Preis at 770-612-0292 for a consultation today.

A Marietta Disability Lawyer Explains When to Call Your Attorney

Marietta disability attorneyThere are times when it is necessary to call your Marietta disability attorney and times when it is not. Here are some guidelines to follow that you may find helpful.

Medical Visits
If you are only seeing your doctor for routine medical care, there is no need to advise your Marietta disability lawyer. You can use a form that your lawyer will provide to document any medical visits or treatments that occur between the current time and the date of your hearing. This form will be included when your lawyer sends you the letter telling you when your hearing is scheduled.

You will need to assemble the names, addresses, telephone/fax numbers and any other related contact information for any doctors, therapists, specialists, facilities or treatment centers that you are using for your Marietta disability attorney. Whenever you visit one of these, you can simply pick up one of their business cards and send it to your attorney, thus keeping him/her current.

Under normal circumstances, it is unlikely that you will need to contact your Marietta disability attorney until you are advised of the date of your hearing.

The Time to Call
If something unexpected or drastic should happen, that is when you need to call your Marietta disability attorney. This might be when:

  • Your condition changes suddenly and significantly.
  • Your doctor changes your diagnosis.
  • SSA contacts you with documents or forms that you find puzzling.
  • An emergency requires you to be hospitalized.
  • You decide to resume working either full- or part-time.
  • Your telephone number, address or other contact information changes.
  • Your Notice of Hearing reaches you before your Marietta disability attorney has sent you the letter giving you your scheduled hearing date.
  • You receive a form from a judge that your physician must fill in.

Help Is Available
If you are facing a Social Security disability hearing, your Marietta disability attorney is there to help you. Don’t hesitate to contact Dorine Preis by calling 770-612-0292 today.

Marietta Social Security Attorneys Discuss the Rules That Determine Disability

Marietta Social Security attorneysMarietta Social Security attorneys know that the rules the Social Security Administration uses to determine disability pertain mostly to those impairments that affect and limit your ability to sit, stand, walk, bend, lift or perform handwork. The rules applying to mental impairments tend to be more complicated.

General Rules

If you have back trouble, a breathing impairment, a heart disorder or a different medical problem that limits some types of manual work, Marietta Social Security attorneys will review the rules to discern what you must prove in order to be determined disabled. Some examples are listed below:

  • If your age is 55 or more, generally the rules require you to prove you are unable to perform “medium” work, such as work that involves standing for the majority of the day, frequently being required to lift 25 pounds and occasionally being required to lift 25 to 50 pounds. Thus, Marietta Social Security attorneys know there is a possibility of a disability determination if you can still perform “light” work.
  • If your age is 50 through 54, generally the rules require you to prove you are unable to perform light work, such as work that involves standing for the majority of the workday while being able to lift up to 20 pounds. Therefore, Marietta Social Security attorneys will advise that there is a possibility of a disability determination if you are still able to perform a sit-down or desk job.
  • If your age is 50 or less, generally the rules require you to prove you are unable to perform an easy job where you sit the majority of the workday or alternate standing and sitting. Even if the probability you would be hired for this job is low, you must still provide proof.

Proving Your Work Level

As the above examples illustrate, Marietta Social Security attorneys must prove to the judge both what you are able to do and what you are unable to do.

You may wonder how Marietta Social Security lawyers provide all this proof. Typically, proof will be provided through the testimony you give when responding to the questions your lawyer and the judge ask during the hearing. Although Marietta Social Security lawyers will always provide reminders if you should forget important information, your case will benefit if you are able to answer each question entirely yourself. You do not want to look as if your attorney is attempting to prod you or provide answers.

Obtaining an Attorney

Competent Marietta Social Security lawyers can help you understand the rules that determine disability. If you would like to discuss your case with an experienced and knowledgeable Marietta Social Security attorney, please contact Dorine Preis at 770-612-0292 to request a free consultation.

A Marietta Social Security Disability Attorney Answers FAQ’s Concerning Disability Hearings

How Can I Help Prepare For The Disability Hearing?

Marietta Social Security disability attorneyYour Marietta Social Security disability attorney will ask you to think of those individuals who might make good witnesses for you. Ideally, they should be people who know you quite well, who are aware of the difficulties you are experiencing and who would be able to effectively describe them to the judge.

Individuals such as a spouse, close friend or family member typically make good, truthful witness because usually they know you better than other people. However, your Marietta Social Security disability attorney will advise that the judge may look on such witnesses as people who will do all they can to help you. People who are not as connected to you might be considered to be more objective by the judge and therefore make more effective witnesses.

Co-workers, former supervisors, ministers, neighbors, landlords, vocational rehabilitation counselors and social workers may all be considered potential witnesses. If you have people from these groups you would like to use as witnesses, contact your Marietta Social Security disability attorney as soon as you receive notice of your hearing date.

Are Letters From My Relatives And Friends Helpful?

Your Marietta Social Security disability attorney will advise that letters written by relatives, friends and others may prove very useful. Typically, the more letters you can obtain, the better. Your attorney can draft a memo for you to distribute to those willing to write explaining how to write and what to include in the letter.

How Will My Marietta Social Security Disability Attorney Prepare For My Hearing?

Initially, your attorney will examine your Social Security file and determine what is required in your case to prove your disability. Then the necessary medical records, physical reports and other records will be obtained by your Marietta Social Security disability lawyer. Conversations with all potential witnesses will be held and their testimony reviewed. One or two days before the date of your hearing your Marietta Social Security disability lawyer will get together with you and help you prepare your testimony.

Legal Counsel

If you would like to discuss your disability case with an experienced and knowledgeable Marietta Social Security disability lawyer, please contact Dorine Preis at 770-612-0292 to request a free consultation.

Battling an Administrative Law Judge’s Unfavorable Ruling

Some Social Security disability benefits cases do not immediately result in favorable verdicts. In the event of an unfavorable verdict by an administrative law judge, a seasoned disability lawyer in Marietta can approach the Appeals Council and request a review of the judgment.

The Appeals Council’s Abilities

Disability Lawyer in MariettaThe Appeals Council, a group located in Virginia, was formed to review administrative law judges’ decisions on Social Security disability benefits cases. If a disability lawyer in Marietta decides that a client’s case warrants a second examination, he or she can seek out the Appeals Council.

The Appeals Council can then fulfill the following actions.

  • Analyze a case at the request of a disability lawyer in Marietta or without prodding
  • Review any case regardless of its initial outcome
  • Uphold, overturn, or alter an administrative law judge’s ruling
  • Demand a new hearing with the applicant and his or her disability attorney in Marietta
  • Decline the entreaty for reexamination

Information that a Disability Lawyer in Marietta May Present to the Appeals Council

An applicant’s attorney is allowed to present certain types of new evidence to the Appeals Council. He or she usually provides new information in written form as the Appeals Council prefers this method to oral arguments.

After an Unfavorable Appeals Council Ruling

If the Appeals Council decides to decline the request for reexamination or even hands down an unfavorable ruling, an applicant and his or her disability attorney in Marietta could take the case to the United States District Court. The United States District Court can overrule the Commissioner of Social Security’s decision or support the decision.

If the latter occurs, a disability lawyer in Marietta can ask for a review by the United States Court of Appeals and subsequently appeal to the United States Supreme Court.

You Need a Long-Term Supporter

A dedicated disability lawyer in Marietta is willing to see a client’s case to the very end. If you would like to apply for Social Security disability benefits and are looking for a long-term supporter, consult Dorine Preis now by calling (770) 612-0292.

A Marietta Disability Lawyer Can Help You With SSD Hearing Forms

If you are facing a Social Security disability hearing, familiarizing yourself with medical records and forms is half the battle. An experienced Marietta disability lawyer understands hearing formalities, and can discuss with you the forms and documents that will be required for your case. As a general rule, you shouldn’t try to personally obtain medical records or reports at all, unless requested by a skilled Marietta disability attorney.

SSD Documents to Discuss with a Marietta Disability Lawyer

Marietta Disability LawyerPrior to your hearing, the court will request a form to be completed by your doctor detailing why you are no longer able to work, or if you can work in what capacity, and any recent medical treatment you have undergone related to your disability; this includes procedures administered, medications prescribed, etc. An experienced Marietta disability lawyer can peruse these completed forms, and send them to the court on your behalf.

The only document that a Marietta disability attorney does not need to see is the Acknowledgment of Notice of Hearing that you will receive—simply sign this document that acknowledges you’ll be attending your hearing, and mail it back to the court.

Don’t Try to Navigate SSD Forms Alone

Marietta disability lawyers deal with SSD legal documents every day, and fully understand how they can affect your  hearing. It is important that you do not send any documents to the court or the Social Security Administration without a seasoned Marietta disability attorney carefully reading through them with you, and intercepting any unknowing mistakes that could damage your case.

Call a Marietta Disability Lawyer For Help

Individuals who are injured and unable to work for a period of at least twelve months may be able to receive Social Security disability. If you have filed a claim that was denied, you may be called to a hearing. Detailed medical records and disability forms can provide you with an advantage in court, but they can also hurt your Social Security disability case if not properly executed without experienced legal guidance. As a skilled Marietta disability lawyer, Dorine Preis can help you with SSD documents and provide competent legal counsel at every step. For more information, contact her office today at 770-612-0292 for a consultation.

A Marietta Disability Attorney Discusses Your Testimony

The Social Security disability hearing is your opportunity to make your case for the judge. The experience and assistance of a skilled Marietta disability lawyer will be invaluable to you in this situation.

Tell the Truth

Marietta Disability LawyerIt is vital that you be absolutely honest in your testimony to the Administrative Law Judge. Your Marietta disability lawyer will tell you to answer the judge?s questions candidly and with perfect truth without worrying about why that particular question was asked or how your answer will impact your case. If the judge has any reason to doubt your veracity you could ruin your chances of winning your case. Be truthful about your strengths as well as your weaknesses.

Don’t Make a Show

Under no circumstances should you exaggerate your injuries or attempt to deceive by feigning undue pain, dissolving into pretended tears or other such devices. Your Marietta disability lawyer will caution you that these things can only harm your case. By the same token, if you are genuinely in pain don?t make light of it or attempt to endure it in stoic silence. Describe your symptoms and feelings accurately, concealing nothing and embellishing nothing. You may certainly ask permission to stand or walk around if sitting becomes uncomfortable, or request a short break from the hearing if you feel the need. There is no cause to be hesitant or self-conscious about that.

Share Your Situation

Your Marietta disability lawyer will counsel you that the hearing is your opportunity to explain your entire situation. Be sure to make the judge familiar with all the information that is needed to explain how your impairment inhibits your ability to work. Although the Social Security Administration is a government agency, your Marietta disability lawyer will remind you that its purpose is not to do you harm. You are there to request help and explain why you should have it. This is no time to be reticent about volunteering information as many people tend to be when the government is involved. It is important that you not omit any details, information or clarifications that can demonstrate your disability to the judge.

Dates

Your Marietta disability lawyer will advise you to be as accurate about dates as you can. Judges prefer exact dates to chronicle events, but this is not always possible. It is not reasonable to expect people to remember with exactitude every date for everything that has ever happened to them, and judges understand this. Don?t be afraid to admit that you cannot remember a specific date, and if you can give the month and year, do so. If the month eludes you also, then give the year. Even judges sometimes make mistakes regarding dates, so try not to worry too much if your memory betrays you. A date given in error is not the same as a deliberate falsehood, and the judge will not suspect you of dishonesty if you simply make a mistake.

What to Expect

You can expect to be questioned about the following matters:
1. Your employment history.
2. Schooling.
3. Prior medical issues.
4. The symptoms you are experiencing.
5. How you evaluate your ability to perform job-related activities.
6. How you approach day-to-day living.

Help Is Available

Your Marietta disability lawyer has the education, training and experience to guide you through these procedures. Contact Dorine Preis by calling 770-612-0292 today and get the help you need.

A Qualified Social Security Disability Attorney in Marietta Can Assist with SSD Video Hearings

If you’re a claimant in a Social Security Disability case, you may be subject to submitting a video hearing. Although video hearings are not the favorable choice, sometimes they’re required, and you need to prepare yourself for what’s involved. An experienced Social Security disability attorney in Marietta is familiar with SSD video hearing procedures, and can assist you with this often awkward task.

A Social Security Disability Attorney in Marietta Can Tell You What to Expect

Other than familiarizing yourself with video equipment (if you aren’t already), video hearings can be difficult because you won’t be able to tell your story to an administrative law judge in person. If you’ve been requested to submit a video hearing, the Social Security Administration (SSA) will send a brochure along with applicable video equipment; stating the basics of what to do and why this process is a good thing (you can’t interpret this in any way you want). There is one advantage that’s notable about video hearings, however; a claimant who submits one is likely to get scheduled for their court hearing sooner, at which point you will be before a judge.

Social Security disability attorneys in Marietta understand the impersonal nature of SDD video hearings, and can help you deliver the most effective execution. Instead of feeling that you’re just speaking to a camera, an experienced Social Security disability lawyer in Marietta can give you some tips on how to convey your story strongly and succinctly, as if you were speaking in person before the court.

A Social Security Disability Attorney in Marietta Can Help You Bypass a Video Hearing
The SSA won’t likely advertise this out loud, but you do in fact have veto power over participating in a video hearing. A Social Security disability lawyer in Marietta can help you deny a video hearing in the correct way, so that not only will an administrative law judge grant you your request, but will reschedule the video hearing for a real hearing in a timely manner.

This grant does not apply to your expert witnesses, though. Unless in rare circumstances, an administrative law judge will not allow your expert witnesses to deny a video hearing if they’re subject to one; as there is little to argue why this would be in good cause. An experienced Social Security disability attorney in Marietta can assist your expert witnesses with their video hearings, so that your case stays as cohesive as possible.

Call a Social Security Disability Lawyer in Marietta For Assistance
SSD video hearings are important legal procedures that can help, or damage, your case if you don’t have the guidance of competent legal counsel. Dorine Preis is a qualified Social Security disability attorney in Marietta who can help you with your SSD video hearing, and advise you on the best course of action. Contact her office today at 770-612-0292 for a consultation.

 

An SSD Attorney in Marietta Explains How Social Security Disability Determinations are Made

SSD Attorney in MariettaMany applicants for Social Security disability who are initially denied and appeal will reach the hearing level. Attending a hearing before a judge may be a daunting prospect for one who has never been through the process, and indeed, you may wonder how the judge will determine whether your disability meets SSD requirements. As your SSD attorney in Marietta will explain, the Administrative Law Judge (ALJ) makes the decision about your benefit eligibility at the conclusion of your hearing. This decision can be influenced by a variety of factors. Below are some common considerations.

Capability Is Key

As your SSD attorney in Marietta can fully discuss, disability determinations are usually based on a presumption rather than hard facts. The ALJ looks at whether you are capable of working, not whether you’ve had bad luck finding a job so far. The main question is, does your claimed disability prevent you from working.

Medical Evidence

Often, the best evidence of your physical capabilities and limitations will come from medical reports. Without a supporting medical opinion, your disability case will suffer. Your SSD attorney in Marietta will work with you to compile supporting, relevant documentation regarding your claimed disability. Sometimes, disability benefits get granted on medical reports alone. That said, your SSD attorney in Marietta knows you’ll need to prove your claimed impairments prevent you from reasonably performing any job you’ve done in the last 15 years. The ALJ will also want proof that there isn’t suitable employment based on your age, experience, and qualifications.

How Disabled Is Disabled?

Talk to your SSD attorney in Marietta for the extent of disability required for benefits. It may be less than you think. SSD benefits don’t require permanent or total disability like workers’ compensation cases do. Rather your SSD lawyer in Marietta will explain that the ALJ looks at disability over the last year. Also, your disability need not necessarily be total. Your SSD lawyer in Marietta can explain how the ALJ focuses on whether your impairment substantially interferes with adequate employment. It’s not that you can’t do any job at all.

For more information about the Social Security Administration and disability hearing process, contact an experienced SSD lawyer in Marietta. Call Dorine Pries today at 770-612-0292.

A Marietta SSD Lawyer Explains the Basics of a Disability Hearing: The Administrative Law Judge

If you have filed for Social Security disability and were turned down, you may feel that you have no recourse. However, you may be found eligible upon appeal, especially at the hearing level. A Marietta SSD lawyer will help you prepare for the hearing.

The Hearing

Marietta SSD LawyerA Social Security Disability (SSD) hearing is not like a formal, adversarial trial. Your Marietta SSD lawyer can explain that you will not face cross-examination by a defense lawyer. Instead, the hearing will be conducted by an Administrative Law Judge (ALJ). While not a judge in the traditional sense (he/she will not wear robes or require to stand when he/she enters the room etc.), your own lawyer will counsel you to treat the ALJ with the utmost respect. Additionally, your Marietta SSD attorney will discuss other things to expect as listed below.

The ALJ’s Job

As your Marietta SSD attorney will explain, the ALJ is there to issue an independent opinion regarding whether you should receive disability benefits. As such, the last thing you want to do is antagonize him/her. Remember, the ALJ is there to gather the facts and make a decision, hopefully, to your benefit.

Check Your Anger at the Door

You may be understandably frustrated at this point in the process. You and your Marietta SSD lawyer may have handled several denials already. Don’t take your anger at “the system” out on the ALJ.

Do Not Question the ALJ

Your Marietta SSD lawyer may ask simple questions of you and the ALJ will certainly question you. It is not appropriate for you to ask things of the ALJ like, “Why won’t you people give me benefits?” Only ask questions if you need clarification on something the ALJ’s asked you.

Don’t Try to Impress the ALJ With Legalese

Leave “legal speak” to your Marietta SSD lawyer, if necessary. The ALJ will expect candor and plain English from you. Be yourself. Step back and let your Marietta SSD lawyer handle legal arguments where appropriate.

If you have been injured and cannot work for at least 12 months, you may be eligible for Social Security disability. For more advice on what to expect at your Social Security Disability hearing, contact Marietta SSD attorney, Dorine Preis today at 770-612-0292.

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