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Level of Impairment in Social Security Disability Cases

The second step of determining if you have a disability in a Social Security case is assessing the level of impairment or the severity step. The Social Security Administration tries to eliminate cases when a person does not actually have an impairment or when the impairment is not serious enough to keep the applicant from working. If you have almost any loss of residual functional capacity, the SSA will likely determine that the requirement has been met for a severe medically determinable impairment.

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Types of Impairments

The SSA groups impairments into types: slight and severe. They will also consider subjective symptoms that are difficult to concretely prove as long as your ability to work is hindered. The person overseeing the claim might label the effect of the impairment as “unable to determine clearly” regarding your ability to work. When in doubt, the SSA will rule in your favor and label the impairment as severe. The adjudicator must then continue with his or her assessment of the case.

A Lack of Symptoms

If the adjudicator does not find any symptoms whatsoever, then he or she will rule that there is no disability unless medical confirmation exists to support such a finding. However, if a physician looks at the information and makes some type of medical diagnosis about your condition, you are determined to be medically impaired. Even when the exact diagnosis is in question and doctors are not sure what condition you have, you will also be considered to be impaired.

Contact Our Social Security Disability Attorney

If you have questions about impairment severity determination, call our SSD lawyer for help.

Should you need legal counsel, we recommend visiting attorney’s website for information.

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People Present at the Social Security Disability Hearing

The Social Security disability hearing is an informal proceeding that occurs when the claimant has filed an appeal and requested a hearing with an administrative law judge after previous requests for disability benefits have been denied. The people who attend the hearing include the claimant, the claimant’s attorney, administrative law judge, the judge’s assistant, and witnesses. How the hearing is conducted may differ for each judge.

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Witnesses in the Hearing Room

Testimony of the witnesses is one of the factors the judge may take into consideration when deciding if the claimant should receive disability benefits. Witnesses can be helpful if they are able to explain how the claimant’s symptoms and impairments affect his ability to complete daily activities or hinder his ability to adequately perform his job duties.

Some administrative law judges may permit the witnesses to remain in the hearing room throughout the entire proceeding. Other judges request the witnesses to appear in the room at the beginning of the hearing so that they can hear the opening statements. Then they are asked to wait outside of the hearing room until it’s time for them to testify. Usually, judges exclude a witness from the hearing room because they don’t want that person’s testimony to be unduly influenced by statements made by the claimant, the claimant’s attorney, or other people who are testifying.

Witness Testimony in Mental Impairment Cases

When a claimant suffers from mental impairment and limitations, he could be more sensitive to the observations and information the witnesses will share with the administrative law judge. In mental impairment cases, a caregiver, relative, or former co-worker may need to discuss whether the claimant is having problems with memory loss, anti-social behavior, anxiety, depression, or difficulties with maintaining personal hygiene. Under those circumstances, the claimant’s attorney could request that the claimant leave the hearing room so that the witnesses will feel more comfortable being honest and forthright about the claimant’s condition.

Consult a Social Security Disability Attorney

If you are disabled and want to apply for Social Security disability or need to file an appeal after your request for benefits has been denied, contact an experienced Social Security disability attorney for legal assistance.

If you are facing trial and don’t know where to turn, click here to get help from an experienced attorney.

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Business Succession

Creating a Business Succession Plan

It is wise to create your own business and you deserve to feel proud of any success you are experiencing. It is important to take time to think about what you want to do with your company when you retire. A corporate formation lawyer can help you create a business succession plan if you would like the business to continue.

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Planning Ahead

It is a good idea to be proactive when it comes to your business. This is true even when you plan on turning your company over to new ownership. The best rule to follow is: begin early. It is always better to be as prepared as possible.

A corporate formation lawyer will advise you that in creating a plan you should keep in mind both your interests and the interests of the person who will take over the company. Be sure that they are in accord and are aware of your plan. Make sure that they understand the direction and business model you have for the company.

Failing to plan ahead can be harmful to the future of your company. Business succession can include tax liability which may lead to financial challenges if one has not planned ahead.

Visit the website of our law firm to learn more about this issue from a skilled attorney.

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Rules Regarding Testimony at Your Deposition

Recognize conclusion questions

Listen carefully for conclusion questions. A conclusion inquiry is a question that attempts to keep you from adding any other information to your affirmation. Case in point, in a sexual harassment case, the defense lawyer will say something like: Have you now testified as to the majority of the sexual lead about which you are complaining? Leave yourself an opening to include extra data by expressing, for instance, That is whatever I can recall as of now.

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Read documents carefully

Amid the course of your statement, you likely will be asked to review and identify reports. Always read the report over precisely. Check whether it has been changed in any way. Check whether it is finished or if any pages are missing.
Don’t joke.
You won’t score any focuses by being witty, amusing or sarcastic. Never joke during a testimony, regardless of the fact that there is a record discussion. A testimony is a genuine undertaking. In the event that you joke, you give the feeling that you are not genuine about your confirmation, and even worse, you may say something that will hurt the case.
Don’t make companions with opposing counsel.
Despite how decent or inviting the employment lawyer is by all accounts, he is not your companion. He has one objective to acquire harming confirmations that can be utilized to toss your claim out of court.
Don’t look to your work lawyer for help answering questions.
Don’t turn to your work lawyer for help in noting an inquiry or to inquire as to whether you ought to reply. Rather, answer every inquiry unquestionably, unless your lawyer instructs you not to reply.

Seeking legal advice? Reed Aljian is an attorney who comes highly recommended.

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Questions Regarding Fatigue

When Did You Begin To Feel Fatigued?

Feeling fatigued can come on gradually or all at once. When describing your fatigue it is important to determine if it could possibly come from being tired, a lack of energy, being tired or even being impatient.

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What Makes Your Fatigue Worse

Are there things that make your fatigue worse? Things like physical activity, stress or heat? Could depression play a part when you feel fatigued?

Here are some specific examples of when your fatigue feels worse:

1)Physical activity or overdoing a workout.
2)Heat
3)A hot bath
4)Certain times of the day (what time is it better and what time is it worse)
5)Depression
6)Stress From A Past Event Or Time In Your Life

What Makes Your Fatigue Better

Some things can make fatigue better such as rest, sleep, a positive interaction or experience. Even how you sleep can make a difference with fatigue. Talking to someone who has experienced fatigue may be helpful for you and what you are currently experiencing.
Consider how long of a rest you will need for your fatigue to get better and once again be able to resume your normal routine.

Should you need legal counsel, we recommend visiting attorney’s website for information.

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Components of Lay Testimony at a Disability Hearing

The Social Security Administrations official policy is to regard lay witness proof as essential. However, numerous administrative law judges (ALJs) have a tendency to give such proof little weight. Numerous ALJs appear to oppose proof from lay witnesses at hearings, and numerous ALJ choices fail to mention significant lay witness testimony or vital letters from lay witnesses. Luckily, the government courts have remanded cases in which the ALJ neglected to give proper thought to lay affirmation.

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Choosing your lay witnesses and preparing them to testify

Your disability lawyer will consult with you to figure out who should affirm as lay witnesses in your disability case. Your lawyer will likely pick the best one or two witnesses and then give each lay witness information regarding the hearing and the expected testimony.

There truly are just a few standards for testifying:
– Tell the truth.
– Don’t overstate to attempt to help the claimant.
– In any case don’t minimize either.
– Affirm just about things that you have observed.
– It is fine to give illustrations and clarify your answers by portraying those things you have observed.
– In any case, leave arguing the case to the lawyer.

Basically, the witness and your disability lawyer will have a discussion about you and your impairment. The lawyer may get some information about his or her association with you, the period of time the witness has known you, and how frequently the witness gets to see you. These inquiries are to establish the foundation for affirmation about the witness observations.

If you want to learn more about this subject, visit attorney’s website.

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The Two Pathways to Proving You are Disabled

An experienced SSD lawyer understands how to present an applicant’s Social Security disability benefits case to the Social Security Administration. If you are wondering which of the two ways of proving disability would work best for you, contact a practiced lawyer today.

Fort Wayne Social Security Lawyer

If you have become disabled, a Fort Wayne social security lawyer at our law office may be able to help. Contact us today by using the form on the left.

 

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