Determining Disabiltiy

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A Buffalo social security disability attorney can tell you that regulations related to making a determination of disability are usually applied to those physical impairments that affect a person’s ability to sit, stand, walk, lift, bend or work with their hands. Additionally, a Buffalo social security disability attorney can explain that claims related to mental impairments are usually more complicated. Ultimately, you and your Buffalo social security disability attorney will work together to try to meet your burden of proof of showing that you are disabled.

Under Age 50

For this age group, your Buffalo social security disability attorney will explain that you cannot perform a job that requires a lot of sitting or a job that alternates between sitting and standing.

Under Age 55

At this age, your Buffalo social security disability attorney will explain that you must show that you cannot perform light work.

Age 55 and Up

Your Buffalo social security disability lawyer can explain that the requirement to prove disability is more lax at this age. Here, you must only show that you are unable to perform medium work. Your Buffalo social security disability lawyer can help you prove this information by asking you questions during your disability hearing. You may also answer questions posed to you by the judge. Furthermore, your lawyer can present evidence that proves these things.

If you would like more information about how you could be determined to be disabled, contact social security disability lawyer Chris Pashler by calling 716-874-1739 and scheduling a consultation.

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A Disability Lawyer in Buffalo Explains the Role of the Treating Physician in Social Security Disability Cases

disability lawyer in BuffaloAn important aspect of your Social Security disability case is the opinion of the doctor who is treating you. Your lawyer and administrative law judge will ask your doctor to provide an opinion and information about your disability.

What Is the Purpose of a Doctor’s Opinion in a Social Security Disability Case?

Your primary care doctor is the person who has the most information about your disability, says a disability lawyer in Buffalo. Since your doctor has been treating you, he or she will have the most detailed and complete picture of your impairment. Your physician will have a unique perspective that the ALJ would not be able to get from reading your medical reports. In most cases, the treating doctor’s opinion is given special consideration, says a disability lawyer in Buffalo.

What Information Should the Doctor Give to the Social Security Administration?

Your doctor may be asked to provide information about your impairment, including its duration, extent, severity and nature. In addition, the doctor might be asked to give an opinion about how your disability affects your daily life and how well you are able to function. The ALJ may ask the doctor about how your impairment affects your ability to perform work activities and whether you are capable of working for long stretches of time as would be expected in the workplace.

Another area of questioning, according to a disability attorney in Buffalo, may be about your doctor’s treatment for your medical condition. For example, what kinds of treatment has your doctor given you and are there any side effects. The ALJ will also want your doctor’s opinion about how long he or she expects your disability to impact your ability to work and function.

According to a disability lawyer in Buffalo, your doctor’s opinions will help the ALJ form an accurate picture of your disability and how it affects your ability to work. This is crucial to your case because the ALJ will be able to make an informed decision about your case if he or she has a clear understanding of your disability.

A disability attorney in Buffalo will be able to answer questions about your Social Security disability case. To schedule a consultation, please call Pashler & Devereaux, a New York Disability Law Firm at 716-874-1739.

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Information About Problems Sitting

disability attorney in BuffaloWhen you describe your disability to your disability attorney in Buffalo, you may discuss difficulties that you have with sitting. While everyone must shift after sitting for a certain period of time, it is important that you provide more information about your discomfort than by making this simple assessment.

Effective Testimony

Rather than offering a brief statement regarding your discomfort in sitting, your disability attorney in Buffalo may advise you to provide specific details about your condition. For example, you might mention that you can sit for longer periods of time, but you then experience discomfort when you move to another position later in the day. For example, you may have difficulty lying down after sitting for a brief period of time. Additionally, your disability attorney in Buffalo might ask you if your pain gets worse as the day progresses. You may also mention that you have to walk around for several minutes after sitting if this is the case. Additionally, your disability lawyer in Buffalo might try to get you to explain what steps you must take after you have been sitting for awhile.

Potential Questions

Your disability lawyer in Buffalo may ask you a series of questions aimed at getting a further explanation of your difficulty sitting. Some questions may include the following:

  • How long during a working day can you sit before experiencing pain?
  • Does your problem with sitting require you to need more breaks at your job?
  • What types of activities must you do on a break after a period of sitting, such as walking around, lying down or sitting in a recliner?
  • How many breaks would you require to assist you?
  • How long of breaks do you need?
  • Are you able to sit for awhile and then stretch and sit back down?
  • Do you have to alternate sitting and standing up?
  • Must you walk after you have been sitting and standing in one location?
  • How often must you walk around after sitting?

Contact Pashler & Devereaux – New New York Disability Law Firm at 716-874-1739 for more information.

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Pashler & Devereaux

SSD lawyer in BuffaloIf you can no longer hold down a job because of a physical or mental impairment, and you believe these limitations will keep you out of the work force for at least a year, you could be eligible for Social Security disability benefits. However, many people are sometimes intimidated by the process of filing for benefits. Our SSD lawyer in Buffalo can help ease your fears. With satisfied clients across the city, we focus on disability law and securing the benefits that are rightfully yours. After all, you spent years working and putting money into the Social Security system. When you need it, you should be able to collect.

Determined Representation From Beginning to End

While the documentation required to submit a claim is admittedly overwhelming, our SSD attorney in Buffalo can handle your case from beginning to end. We help clients with their initial application, walk them through the administrative hearing process and stay by their side in federal court. We represent people with all types of physical and mental ailments, such as depression, cancer of all kinds, diabetes, heart disease, auto-immune diseases, liver or kidney disease, amputations, chronic pain, vision or hearing loss, strokes, brain injuries, spinal disorders and much more. Our SSD lawyer in Buffalo has found that we can secure favorable outcomes for clients when we thoroughly understand your medical issues so that we can effectively present your case at a hearing or in court.

Making a Difference on Your Behalf

Our SSD lawyer in Buffalo focuses on two critical aspects of your case. First, we ensure that all the forms are properly completed when we submit your initial application. We also compile solid evidence from medical professionals regarding your disability. Our competent staff helps us gather the necessary paperwork in order to make a strong case on your behalf.

We know SSD law, and we are here to represent you. If you have questions about your eligibility status or any other aspect of an SSD case, contact Pashler & Devereaux – New York Disability Law Firm at 716-874-1739. Our SSD attorney in Buffalo will be glad to assist you.

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Understanding Exertional Levels of Your Prior Jobs

SSD attorney in BuffaloWhen discussing your claim for Social Security disability benefits with an SSD attorney in Buffalo, you may hear something about the Dictionary of Occupational Titles. This publication is used by the Social Security Administration to determine how to classify various jobs and occupations according to their exertional levels, or how physically taxing it is to perform a job.

The SSA relies heavily on the DOT. Many of the regulations and sources that govern Social Security disability were based on the DOT, even though the DOT was last revised in 1991 and is often criticized as being out of date. If you choose to proceed with your disability case, you will want to make sure your SSD attorney in Buffalo understands the DOT.

Many disability cases, as your SSD lawyer in Buffalo will explain, hinge on the question of what your prior jobs were and whether you are still able to perform them. To make this determination, the SSA will evaluate the “work levels” for each of your prior jobs within the last 15 years, according to a publication by the Department of Labor. According to prior versions of the DOT, work levels can be categorized in the following ways:

  • Sedentary jobs involve little more than sitting, walking and occasional standing; and
  • Light jobs involve significant amounts of walking or standing and possibly minor movements such as pushing or pulling objects with your arm or leg.

However, the 1991 revised version of the DOT updated the way that exertional level is determined. This change may make it easier for you and your SSD lawyer in Buffalo to refer to your past relevant work in your claim. The revised edition recognizes that a job that involves constant lifting is inherently more taxing than a job that involves occasionally lifting the same amount of weight. If you had a prior job that involved constant lifting of objects, you might be able to argue that the job was too taxing for you to do today.

To succeed with your disability claim, you will have to properly understand what the regulations say and how your prior work history will be evaluated. For more information about filing for disability, contact an SSD attorney in Buffalo. Call Pashler & Devereaux – New York Disability Law Firm at 716-874-1739.

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Pashler & Devereaux – New York Disability Law Firm

Social Security disability lawyer in BuffaloThe large bureaucracy of the Social Security Administration means dealing with challenging red tape if you are seeking benefits. For that reason, you need the services of a seasoned Social Security disability lawyer in Buffalo who can explain the application process and help you understand what to expect as your case proceeds. If your claim has been denied, our office can assist you with an appeal and the subsequent hearing before a judge.

Help With Understanding How to Qualify From a Social Security Disability Attorney in Buffalo

Clients sometimes come to us who do not understand that they could be found eligible for benefits. The SSA has determined that applicants must suffer from a physical or mental impairment that is so severe that they have been unable to work for 12 months. In addition, the person must have a qualifying work history in order to meet the SSA criteria. Their office will review substantial documentation and consider the type of injury, the person’s age, schooling and previous jobs in order to determine if they qualify for benefits. However, the standards are complicated and do not always make sense.

How to Submit a Social Security Disability Claim

Applicants can submit a Social Security disability claim by filling out an online application and sending it via email on the government’s website. They can also schedule a telephone appointment with a representative from a nearby office or go to the office and complete the paperwork in person. Our Social Security disability lawyer in Buffalo can provide you with further tips on ways to make the application process go more smoothly.

What to Do If Your Initial Claim Is Denied

People often quit if they receive a denial notice from the SSA. However, statistics show that a large majority of first-time applications are rejected, but those who appeal are granted benefits in more than half of all cases. At a hearing, the judge will listen to you and personally verify your medical challenges. Our Social Security disability attorney in Buffalo will help prepare you for this hearing.

For answers to your questions and further information on SSD and the benefits your might receive, contact Pashler & Devereaux – New York Disability Law Firm. You can reach our Social Security disability lawyer in Buffalo at 716-874-1739.

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Credibility Regarding Chronic Pain

Social Security disability attorney in BuffaloTestimony regarding pain is different than other elements of your claim, your Social Security disability attorney in Buffalo can explain. This is because pain may not have the same type of outward manifestations as other symptoms that you experience. Due to this situation, your credibility is even more important in this area of testimony. Certain factors can help improve your credibility.

Consistency

Your Social Security disability attorney in Buffalo can explain that it is very important that you be consistent. This includes consistency between statements that you have made in different parts of your case and between your statements and other portions of your case record. Your Social Security disability attorney in Buffalo may emphasize the need for consistency because the administrative law judge that is making the decision regarding your case will examine every statement that you have made regarding pain. For this reason, it is important that you review your own statements for consistency, including:

  • Statements that your treating doctor made in your medical records;
  • Statements that you made on Social Security disability benefits application forms;
  • Questionnaires regarding your pain; and
  • Statements you made regarding claims for other disability benefits.

The Social Security disability lawyer in Buffalo who is representing you can explain that you will be more credible when your statements are consistent with each other. Additionally, the judge will review the statements that you make with reports and observations regarding your daily activities, attempts of work and behavior. However, even if you have inconsistent statements, this does not automatically mean that your complaints regarding pain are not credible if there are reasonable explanations for the inconsistency. For example, pain may vary in intensity and frequency over time.

Medical Treatment

Your Social Security disability lawyer in Buffalo can explain that another important area where consistency is key is your repeated attempt to seek medical treatment after you have experienced pain. Evidence that establishes that you sought treatment and then followed the doctors’ advice regarding pain management can help bolster your claim.

If you would like more information, contact Pashler & Devereaux – New New York Disability Law Firm at 716-874-1739.

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Estimating Limitations

Buffalo Social Security disability lawyerAs you progress with your claim for benefits, you and your Buffalo Social Security disability lawyer will discuss each important aspect of your testimony. One such aspect is when you are required to make estimations.

Areas for Estimation

Your Buffalo Social Security disability lawyer may give you a variety of example questions that an administrative law judge will ask during your hearing. Some of these examples include the following questions:

  • How far can you walk without experiencing pain?
  • How much can you carry?
  • How long can you stand on your feet?
  • How long are you able to sit?

These questions require a legitimate estimate of your physical capacity.

Explanation

Your Buffalo Social Security disability lawyer might suggest that you provide further explanation to a judge than a mere numerical answer. The advice that you get from your Buffalo Social Security disability lawyer may be to talk to the judge in a natural manner, like you would talk to a friend. In order to provide this type of explanation, your Buffalo Social Security disability attorney may practice with you before your hearing. He or she may give you sample questions. Your responsibility is to think through these questions by assessing how you feel when you conducted certain activities. Your Buffalo Social Security disability lawyer may explain that giving a fuller explanation will give you an opportunity to more clearly describe the pain and symptoms that you experience as part of daily life.

To get started with your case, contact Buffalo Social Security disability attorney Chris Pashler at 716-874-1739.

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Hearing Information

Buffalo Social Security disability law firmAs you get closer to your hearing date, you may feel trepidation as your Buffalo Social Security disability law firm explains the process. However, by listening to your Buffalo Social Security disability law firm and fully understanding the nature of a hearing, you should feel more comfortable about the process.

Decision Maker

Your Buffalo social security disability law firm will explain that the decision maker for a Social Security disability hearing is an administrative law judge. Unlike other types of hearings, there are not two sides. An attorney does not represent the Social Security Administration. Additionally, the Buffalo Social Security disability law firm that represents you is responsible for inquiring into all disability issues in order to make a determination regarding your claim of disability.

Statistics

Your Buffalo Social Security disability law firm may explain that about 60 percent of individuals who appeal to a hearing are ultimately approved for benefits. However, some administrative law judges have notoriously low approval rates.

Role of a Lawyer

The Buffalo Social Security disability lawyer who represents you has several responsibilities. He or she will gather medical records and submit them to the court in a timely manner. He or she will ask questions of all witnesses, including the cross-examination of witnesses called by the administrative law judge. He or she may ask the judge for subpoenas if it has become difficult to get certain information that has the potential to help your case. If you would like legal assistance with your case, contact the Buffalo Social Security disability law firm of Chris Pashler at 716-874-1739.

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Disability With Mental Symptoms

Before your hearing in fronBuffalo Social Security disability law officet of an administrative law judge, your Buffalo Social Security disability law office will help you prepare. If your disability claim includes mental symptoms, your Buffalo Social Security disability law office will concentrate part of your preparation on being able to fully explore these issues. By being able to freely discuss this information with the judge, he or she will have a better understanding of your condition.

Stress

If you experience stress in relation to your physical disability, your Buffalo Social Security disability law office will ask you about the specific aspects of life and work that you find stressful. The attorney from our Buffalo Social Security disability law office might ask you to describe your physical reaction or emotions when you experience stress, such as feeling panic, trembling, a rapid heart beat, shortness of breath, choking, feeling lightheaded, sweating, having stomach pains or feeling tingly.

Examples of Stresses

Your Buffalo Social Security disability lawyer may provide you with a list of commonly stressful work aspects. He or she may ask if these aspects give you stress. For example, he or she may ask if having to perform work quickly, difficultly or precisely causes you stress. Another common stressful aspect of work that causes many individuals to experience stress is having to meet strict deadlines. Your Buffalo Social Security disability lawyer may explain that others feel anxious when they must make decisions or exercise independent judgment. Others may feel social anxiety and feel stress when they are being criticized by their supervisors, have to work with the public or must work with coworkers.

If you would like more information on this subject, contact the Buffalo Social Security disability law office of Chris Pashler at 716-874-1739.

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