Social Security Disability Law Podcast: Recent Episodes
Jonathan Ginsberg
What does it take to win Social Security disability benefits? Join disability attorney Jonathan Ginsberg as he demystifies the disability approval process and offers proven tactics to help you win the benefits you deserve.
This is part two of a three part interview I conducted with attorney Bryan Konoski. Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court.
In this part of our conversation, Bryan and I speak about vocational witness testimony. As you may know, Social Security judges almost always call a vocational expert to testify at disability hearings. The vocational witness will classify your past work based on exertional level (sedentary, light, medium, heavy or very heavy) and based on the required skill level (unskilled, semi-skilled or skilled) for that job.
The judge will then pose a series of "hypothetical questions" to the vocational expert to determine if a hypothetical person could return to your past work or to any other work given specific work limitations arising from your medical issues.
In our discussion, Bryan explains how he has been able to win appeals based on sloppy vocational expert testimony, or by arguing that the judge made an error of analysis by not including all of a claimant's limitations in the questions posed to the vocational expert.
Incredibly, Social Security still relies on a directory of jobs that was last updated 40 years ago! So there is often a disconnect between the requirements of a job in 2024 and what that job required in 1984.
Hearing attorneys like me often bring on attorneys like Bryan as co-counsel to review unfavorable decisions and to draft appellate briefs. If you are a disability attorney who would like to tap into Bryan's years of experience, you should reach out to him.
If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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This is part one of a three part interview I conducted with attorney Bryan Konoski. Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work.
The appellate work that Bryan does is very different than disability application and administrative law judge hearing work. With very rare exception Bryan is not presenting new evidence of disability to a judge. Instead, he is identifying errors of analysis made by hearing judges who have denied a claim.
Because hearing judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.
In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work.
Many disability attorneys or non-attorney reps do not routinely handle Appeals Council and Federal Court work and Bryan has positioned himself as an excellent resource for the Social Security disability claimant's bar. Like hearing attorneys, however, Bryan's firm handles cases under a "no fee unless you win" contingency fee contract there is no downside to having an appellate attorney review your case file.
In this part of our discussion Bryan and I identify some of the most common errors made by hearing judges that can result in a remand (a new hearing). And statistically a high percentage of remanded cases are approved in a second hearing.
If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What type of conduct does Social Security consider to be fraudulent? Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim?
Or does SSA define fraud as conduct that goes far beyond overstating your symptoms?
In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a clear distinction between statements you might make in writing or verbally that won't result in a claim approval and statements that might prompt a visit from a fraud investigator.
Some Members of Congress believe that the Social Security disability system is riddled with fraud. In my experience this is not the case but I found Greg's perspective informative and practical and I think you will as well.
Since retiring from SSA, Greg has started his own consulting business called the Disability Yoda, which you can learn about on YouTube or on Greg's website. Greg is a great resource for the disability community and I'm happy to introduce him to you.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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How do Social Security claims examiners (adjudicators) analyze disability claims and what do they do on a day to day basis?
In this episode I speak to Greg Brinkley a former Social Security employee. In his 27 year career with the agency, Greg served many roles, including that of a claims specialist (adjudicator), technical expert, fraud examiner and team leader.
Because of his experience Greg was the person that other Social Security personnel relied upon to solve problems, create work flows and handle the most challenging situations.
Since retiring from Social Security, Greg has established his own consulting business helping disability claimants understand and navigate the disability claims process. His website is at https://www.gregbrinkley.org/. Greg also publishes videos on YouTube as TheDisabilityYoda where he offers very insightful and opinionated takes about Social Security disability.
This is Part One of my interview with Greg. Next month we'll be talking about fraud examinations - what triggers them and who is at risk.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
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Social Security disability judges call on vocational witnesses to testify at the vast majority of disability hearings. Although you have never met this witness, he/she plays an important role in your hearing.
Disability judges pose "hypothetical questions" to the vocational expert in your case and the answers to these questions will determine whether you win or lose.
My guest in this episode is vocational expert Stuart Gilkison. Stuart works as a contractor for Social Security and appears by phone at hearings before numerous judges in several states.
In our conversation we discuss how SSA qualifies vocational experts, the resources Stuart uses to identify jobs that a hypothetical person (i.e., you) might be able to perform and some of the problems with outdated resources.
I also asked Stuart about what he has learned from attending hundreds of hearings held by dozens of judges. What mistakes to claimants or their attorneys make and what claimants and their attorneys do well to improve their chances of winning.
If you are pursuing Social Security disability benefits you will almost certainly hear from a vocational expert at your hearing. Now is your opportunity to hear from a working vocational expert in a podcast setting.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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After trying thousands of cases over the past thirty years, I have a fairly good idea what types of cases are likely to be approved. There are certain fact patterns and claimant profiles that I know will resonate with Social Security judges.
I regularly speak with colleagues throughout the country to discuss their experiences. These discussions help me educate myself and learn how to be a more effective advocate for my clients.
My friend and colleague, attorney Stephanie Joy, facilities discussions like these in a closed LinkedIn Group called the SSD Zoom Roundtable. Every month, attorneys and representatives from all over the country gather in a Zoom video room to compare notes and discuss issues that any or all of us have faced.
I invited Stephanie back to the podcast to discuss our experiences preparing for and trying cases involving the most common medical impairments we see. I was not surprised to discover that what works for me also works for her.
If you make the difficult decision to file for disability, you need to educate yourself about the reality of the SSD process. In this episode, Stephanie and I discuss what works and what doesn't. I am pleased to share our experiences with you.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
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During the course of your Social Security disability case, SSA will send you dozens of forms. These forms include documents with titles like "Function Report-Adult,"
"Disability Report -Adult," "Work History Report," "Activities of Daily Living Report," "Pain Questionnaire."
Most of these forms are accompanied by a page or two of instructions that tell you nothing about what SSA really wants to know.
In today's episode I discuss these forms with my long time friend and colleague attorney Stephanie Joy of Joy Disability.
I met Stephanie through the Zoom Roundtable group she hosts on LinkedIn for Social Security disability attorneys and representatives.
In our discussion, Stephanie and I discuss the common mistakes disability applicants make when filling out forms and how your lawyer can assist you in better understanding what SSA really wants.
As a bonus for my podcast listeners, here is a link to a screen capture video I recorded about how I approach one of the most common forms you will see - Form SSA-3368, the Adult Disability Report. This recording is part of a library of forms I make available to my clients.
If you want more specifics, I have written a book called the Disability Answer Guide which provides examples of completed forms with suggested language.
SSA requires you to fill out dozens of forms as you pursue disability benefits and I hope that this episode will help you better understand what SSA wants.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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Social Security disability judges rely primarily on evidence to decide whether you qualify for disability benefits. Within the last few years, SSA changed its procedure to remove "claimant credibility" as a factor that judges can use.
In other words, you may appear before a judge who finds you completely believable and honest, but you will still lose if the evidence in your case file does not clearly document a disability. If a judge was to approve you based primarly on your testimony and the judge's "gut feel" about you, then that approval would almost certainly be held by by the Appeals Council before you even saw it.
Judges are oblgated to follow SSA's regulations about how to analyze cases. If that evidence is not there you will not win.
In this episode I talk specifically about the evidence that needs to be in a winning disability case file. I speak about the importance of current and on-going medical records, medical source statements about your work capacity and the clinical and lab tests that judges find most compelling.
I also speak about less common but valuable evidence you can use, including school records, statements from third parties, and photograhs.
Finally I speak about a very important factor in your disability case - your age. You can't change your age but you do need to know how and why your age can impact your odds of winning.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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What can you do as an applicant for Social Security disability benefits to improve your chances at an approval?
This is the third an final installment of my conversation for former Social Security staff attorney Spencer Bishins. Spencer recently released a book entitled Social Security Disability Revealed: Why It's So Hard to Access Benefits and What You can do About it.
Spencer writes about a topic that he understands from first hand experience. For over ten years he worked side by side with numerous Social Security disability judges and he understands what types of cases are likely to be approved and what evidence judges need to see in order to be convinced.
In this installment, Spencer and I continue our discussion about evidence. We talk about mental health cases and why they are so hard to win.
We also talk about disability attorneys and how your representative can make the judge's life easier and thus improve your chances at a fully favorable decision.
We talk about disability applications and the types of cases that are likely to be approved early.
Finally we talk about the built in unfairness of the disability process and how you can avoid becoming a victim of a bloated and faceless bureaucracy.
Spencer has been very generous with his time and I hope you gained as much insight as I have with our conversation. Find his book at Bishinspublishing.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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What evidence to Social Security judges find most compelling and convincing?
In part two of my interview with former Social Security staff attorney Spencer Bishens, we talk about how a disability judge's background can influence how that judge evaluates a case.
Spencer Bishins is a former Social Security Administration staff attorney, serving as a decision writer and attorney advisor to several disability judges for over ten years. He recently released a book entitled Social Security Disability Revealed: Why it's so hard to access benefits and what you can do about it. You can find Spencer's book at his website: Bishinspublishing.com.
Spencer notes that some judges recognize that many disability claimants don't have access to quality medical care, and that years of working physically demanding jobs can take their toll, while others judges don't get this at all.
He recounts his experience with a low paying judge whose approval rates more than doubled after the judge himself experienced medical issues himself.
Spencer also reiterates the importance of presenting yourself as a reluctant claimant who hates the idea of having to pursue disability benefits. You should never give the impression that you have given up and decided that you are disabled - judges pick up on this "attitude of entitlement" and will look for ways to deny such cases.
Finally, Spencer argues that even judges with the lowest approval rates will approve cases if the medical evidence is compelling and he offers suggestions as to what type of medical evidence gives you the strongest odds of winning.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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Recently the Washington Post and several other newspapers around the country have run stories about the inefficiencies and long delays that are causing terrible suffering for Social Security disability applicants.
My guest on today's podcast argues that these long delays and poor service within Social Security are not accidental. He contends that Congress, and by extension, the Social Security Administration makes the disability application process as unpleasant, time-consuming and unpredictable as possible to discourage people from filing and to keep approval rates down.
Spencer Bishins is a former Social Security Administration staff attorney, serving as a decision writer and attorney advisor to several disability judges for over ten years. He recently released a book entitled Social Security Disability Revealed: Why it's so hard to access benefits and what you can do about it. You can find this book at Bishinspublishing.com.
In part one of our interview we cover the following topics:
- What do Social Security judges really think about the claimants that come before them day after day?
- If the system is designed to set you up for failure, is there anything you can do to even the odds?
- Were are judges recruited from and how do their past experiences impact their decision making.
- And what testimony from you will make the most impact?
If you are applying for benefits, or if you are a lawyer representing disability claimants you know how frustrating the disability claims process can be. You can win but you have to understand SSA's system and play by their rules to come out ahead.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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When you are approved for Social Security disability benefits, you also become eligible for Medicare. But you don't get Medicare coverage right away - instead, you don't become eligible for Medicare until 24 months after you first become eligible for SSDI payments.
Why this delay? I can find no good answer other than that the goverment wants to save money.
When you finally get notice that you are eligible for Medicare insurance coverage you will be asked to either accept the default basic Medicare coverage (Medicare Parts A and B), or you can choose an insurance option (Medicare Part C) and you can also choose a prescription drug benefit (Medicare Part D).
You also may see advertisements for Medicare supplement insurance that you would pay for in addition to Medicare premiums automatically deduced from your SSDI benefit.
If this seems confusing, it is and you run the very real risk of choosing an option with less coverage than you need at a higher cost than you should be paying.
My guest today is Medicare expert Cal Hero. In our discussion Cal explains how the Medicare system works and how you can educate yourself to make a better decision about Medicare coverage.
Cal's website is MedicareMall.com and if you'd like to speak with Cal, you can reach him at 877-413-1556.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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Why do some Social Security disability claims get approved within two to three months, whereas others are denied twice before you end up a year and a half later in front of a Social Security judge?
More importantly, what can you do to improve your chances at an early approval?
In this episode, I talk to Nashville disability attorney Pete Harris. Pete is a practicing Social Security disability lawyer but prior to opening his practice, Pete worked for over 20 years as a disability claims adjudicator for the Social Security Administration. Currently, in addition to his claimant's practice, Pete represents Social Security employees in negotiations with the Agency so he has unique insight into the inner workings at Social Security.
Pete is very opinionated about how Social Security processes disability claims and he does not hold anything back, so buckle up and access this insider information that is available no place else.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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How can you improve your chances at winning Social Security disability benefits if you are struggling with a mental health condition like severe depression, anxiety, bi-polar disorder, PTSD or other issue that prevents you from working?
In part 2 of my interview with Phoenix, Arizona attorney Jeffrey Herman, we dive deeper into questions about what evidence is the most compelling and how do address problems like self-medication with alcohol or drugs. We also talk about the non-verbal cues you need to send to the judge to position yourself as a reluctant but deserving disability claimant.
If you'd like to listen to part 1 of my interview with Attorney Herman, you can find it here.
Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor's Degree in English from Queens College in 2003 and he uses his command of the English language to draft persuasive briefs to help his clients win their Social Security Disability claim.
Jeffrey has a lifelong exposure to the Social Security disability system. His father, Stephen Herman, is a retired attorney who practiced Social Security Disability law for over 30 years. Before he completed law school, Jeffrey worked in his father's practice where he learned the in's and out's of the SSD application and appeal process.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What are proven strategies you or a loved one can use to win a mental health disability claim?
This is part one of a two part episode in which I interview Scottsdale, Arizona attorney Jeffrey Herman about how he approaches the challenges of representing deserving claimants who are struggling with mental health issues.
In part one, Jeffrey and I go over the basics - what are the indicia of a winning mental health case, what evidence you need to win and what convinces judges that our client no longer has the capacity to reliably work.
In part 2 of my interview, which you can find here, we dive deeper into questions about what evidence is the most compelling and how do address problems like self-medication with alcohol or drugs. We also talk about the non-verbal cues you need to send to the judge to position yourself as a reluctant but deserving disability claimant.
Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor's Degree in English from Queens College in 2003 and he uses his command of the English language to draft persuasive briefs to help his clients win their Social Security Disability claim.
Jeffrey has a lifelong exposure to the Social Security disability system. His father, Stephen Herman, is a retired attorney who practiced Social Security Disability law for over 30 years. Before he completed law school, Jeffrey worked in his father's practice where he learned the in's and out's of the SSD application and appeal process.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Earlier this year I published part one of my interview with Cameron Connah, a former staff attorney with Social Security responsible for drafting approvals and denials to be released by Social Security judges.
As a decision writer Cameron had the unique opportunity to listen to literally hundreds of hearing audio recordings and to interact with dozens of disability judges around the country.
Not surprisingly, Cameron has some very definite opinions about what types of disability claims resonate with disability judges and how your lawyer's advocacy can affect your chances of winning.
I hope that you find Cameron's insight about the Social Security disability decision making process as valuable as I do.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What should you expect from your lawyer during the long delays typical of most Social Security disability claims?
As you may know, Social Security moves at a snail's pace when deciding claims - it is not at all unusual for a case to take two years or longer from start to finish.
What is your lawyer doing during these long delays and how do you know that your lawyer is doing anything at all?
In this episode I talk to Oklahoma based disability attorney Lisa McNair Palmer. Lisa has represented hundreds of disability clients before both the Social Security Administration and before the Veterans Administration, so she knows about backlogs, delays and bureaucratic inefficiency.
But Lisa also has some very strong opinions about how lawyers should keep their clients in the loop and what you, as the client of a disability lawyer, should reasonably expect from your attorney.
As all experienced disability lawyers know, your hearing is the last step in a long process of preparation, with most of the work done in the weeks and months before your hearing date.
Now you will have a better understanding of what goes on behind the scenes and more knowledge about what should be happening in your case.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Would you be surprised to learn that the judge who hears your disability case is not the person who actually writes the approval or denial in your case?
In the strange universe that is Social Security disability, a "decision writer" working in a cubicle hundreds of miles from the judge and weeks after your actual hearing will sit down with the exhibit file, the audio recording of your hearing and your judge's notes to actually write the decision in your case.
Whether you win or lose is up to the judge but the words of the decision are often written by a young lawyer who, of course, was not actually in attendance at your hearing.
In this episode, I speak with attorney Cameron Connah who is a former decision writer for Social Security. I know Cameron because he worked for me as a paralegal prior to attending law school and he graciously agreed to appear as a guest on this podcast to explain what he did as a decision writer.
Because SSA uses decision writers, judges have less leeway to approve a case simply because they find you credible or because they believe you are deserving of benefits. If we know what a decision writer needs to draft a fully favorable decision, we can make sure to focus on that evidence as we prepare for hearings and in testimony.
This is part one of my conversation with Cameron. The second half of this intriguing conversation will be released in a few weeks. Please let me know what you think.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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After waiting as long as two years or more for your hearing, you are finally scheduled to appear before a Social Security disability judge to present your case for disability benefits. Your hearing will last around 45 minutes so every minute counts.
Should you assume that the judge has read through every page of your medical record? Will the judge be asking you to recall the dates you underwent certain diagnostic tests? Do you need to know the details behind the diagnoses you have been given?
My guest in this episode is attorney Holly Booksh, an experienced Social Security disability attorney practicing in Johnson City, Tennessee. Holly has put a great deal of thought into how she prepares her clients for hearings and she shares her insight with us.
As you will learn, Holly starts her hearing preparation as soon as she is retained. She knows what type of information that judges need to understand your impairments in terms of your work capacity, and she teaches her clients how to think about and express themselves clearly and accurately.
Holly’s insight about hearing preparation has been helpful to me and you will benefit from her expertise as well.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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The one constant in the Social Security disability program is delay. You'll wait months for a decision after you apply, months for a decision on your appeal, and months for a hearing date. After your hearing, you may wait weeks or months for a decision and if you win, you may wait months before you are paid.
Nothing is more frustrating knowing that you have won and money is coming your way, but there seem to be no rules about when SSA will release your money, and there is no one to call.
Washington state attorney Maren Bam decided it was time to do something about this problem. Maren and business coach Rocco Luongo created a grass roots lobbying effort called DIB Deadline to pressure Congress to impose a 60 day deadline on Social Security to release retroactive payments to claimants who have been approved.
As Maren and Rocco note on their website "our citizens should not have to choose between medicine and food. SSA should not be free to delay payment of benefits with no accountability to anyone."
Learn how you can get involved to make your elected representatives accountable to you by ending the Social Security Administration's arbitrary payment delays. .
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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The federal government administers two huge disability programs - one for workers who can longer reliably perform a full time job (Social Security disability), and the second a program that pays cash benefits to soldiers injured while serving in the armed forces.
You would think that the standards and procedures for obtaining disability benefits would be similar for these two programs...but you would be totally wrong.
In this episode, I speak with attorney Jessica Friedman, owner of the Friedman Law firm in Birmingham, Alabama. Jessica and her firm handle both Social Security disability and VA benefits so she is able to educate us about how these programs are similar and how they are different.
You can reach Jessica at 844-203-8680 if you would like to speak with her about VA disability benefits.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What are the trends that we are seeing in the Social Security disability world and what can you expect in 2020 and beyond.
If you have an active application for benefits, or if you have already been approved but are concerned about a possible "continuing disability review" you need to educate yourself about the big picture as seen by a Social Security disability lawyer who interacts with SSA on a daily basis.
A quick warning: Social Security continues to make it difficult to win SSDI benefits and they are becoming more aggressive in trying to terminate benefits for those already approved. But SSA has also let us know what types of evidence will be most helpful whether you are trying to recover benefits or trying to preserve what has already been awarded.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Even though Social Security disability hearings are considered "informal" you will no doubt be stressed when you appear before the administrative law judge. Judges are very busy - often understaffed and under pressure to close cases quickly.
Experienced lawyers know that thorough and complete case preparation will make your judge's life easier and therefore make the entire process go smoothly.
In this episode, I speak with attorney Lisa McNair Palmer, a disability lawyer from Oklahoma who explains how she prepares for "no drama" disability hearings. Lisa starts her case preparation with a specific goal in mind - that her client should walk out of the hearing office feeling satisfied that nothing was left on the table. All evidence that could have been submitted was in the record. Everything that needed to be said to the judge was part of the testimony.
If you want to know how a seasoned lawyer prepares her cases, this episode is for you.
For more information about Lisa, visit her LinkedIn page or her website.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
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I get a lot of questions about Social Security disability hearings. Disability hearings are unlike other court proceedings you may be familiar with because there is no attorney on the other side representing the Social Security Administration and the judge in your case serves as both a finder of fact, and SSA's representative.
Another bizarre element of SSD hearings involves the presence of a professional witness - someone you have never met - but whose testimony will determine whether you win or lose.
This professional witness is called a vocational expert witness and in this episode of the podcast I explain who serves as a vocational expert (the "VE") and what they do.
More importantly I will explain to you the steps you can take to influence the VE's testimony. The VE and the judge speak a kind of shorthand language - once you know what they are talking about, you and your lawyer can prepare your testimony to give the judge everything he or she needs to ask questions of the VE that will produce a response that the judge can use to approve your case.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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If you are 50 years old or older you have an advantage when applying for Social Security disability. In the last episode of this podcast I talked about the grid rules - a shortcut to winning for those over age 50. But not everyone fits into a grid rule, so what can you do?
In this episode of the podcast I reveal other proven strategies for winning disability benefits if you are age 50 or older but do not fit into a grid rule. Perhaps you do not fit a grid rule because are highly educated or perhaps your impairment does not impact your physical capacity for work.
Experienced disability attorneys know that clients over the age of 50 have an advantage and your testimony is more likely to be accepted as truthful and convincing than would be the case for a younger disability applicant. Learn how to make your age and work history work in your favor when you are seeking SSDI benefits.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Did you know that Social Security has a built in bias in favor of disability claimants over the age of 50? In addition to claiming disability based on SSA's listings, or presenting evidence of diminished capacity for work, the grid rules allow many claimants over 50 to win disability benefits even if they still have the ability to work full time.
Social Security recognizes that entry level jobs for workers over 50 are difficult to find, especially those with a high school or less education and limited work skills.
As I discuss in this episode, the grid rules (also called the "medical vocational guidelines") apply to claimants over age 50 with physical limitations. You also need a doctor to classify your physical capacity to sedentary, light or medium work.
I look at the grid rules for every client I speak with who is over the age of 50 - you should do the same.
Let me know what you think. What other advantages can disability claimants over the age of 50 use?
Resources mentioned in this episode:
Gridrules.net - my website that contains an easy to use version of the grid rules and examples of cases I have won using this argument.
The Dictionary of Occupational Titles - searchable edition
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What makes your Social Security disability claim stand out from the 20 or 30 other cases that your judge hears during the week your hearing is scheduled. Every other person your judge hears from that week, that month and that year sincerely believes that he or she is disabled and deserving of disability benefits.
Statistically, Social Security judges approve around 45% of cases they hear, which means that they turn down 55% (more than half). And some judges have a lower than average approval rate.
So what can you do make your case stand out? Obviously, medical evidence is a big factor - if your medical record does not support a finding of disability you probably won't win. However, there are many cases where the medical evidence is solid, but not overwhelming.
In these cases, the deciding factor can be your credibility and believability. In this podcast episode I give you an example of an average to below average case that would be much stronger if the claimant demonstrated by his actions that he was worthy of being believed and was not "invested" in the idea of being disabled.
Let me know what you think? What other credibility enhancers or credibility killers can you think of.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Back pain is perhaps the most common ailment for adults in the United States, so it is no surprise that Social Security disability judges see more back pain claims than any other medical complaint.
Because back pain cases are so common, yours must stand out if you hope to win. In this podcast episode I discuss what I consider to be the five elements of a winning back pain case based on over twenty-five years of representing deserving clients.
If the evidence in your case and your testimony follows the profile I set out, you will be providing the Social Security administrative law judge the information he/she expects to see in a strong back pain case.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What type of evidence does a Social Security disability judge need to approve your claim?
Social Security defines disability in terms of how your medical problems impact your capacity for work. But your judge won't approve your claim unless your file contains compelling evidence supporting your claim.
In this episode, I discuss the strongest evidence you can have in a disability claim. I also explain what you can do if the "best" evidence simply does not exist in your claim. You can still win, but you have to think outside the box and give the judge both medical and non-medical evidence and compelling testimony so that you will receive what every disability claimant wants - a fully favorable decision.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What are the common mistakes that you need to avoid when filing your Social Security disability claim and appealing a denial. What do you need to watch out for at your disability hearing?
In this episode, I interview Chicago Social Security disability lawyer Jonathan Pearson. Jonathan lives and works in Chicago, where he represents disability claimants in Chicago, Evanston, Lake Forest, Orland Park, Schaumburg, and Downers Grove. He represents claimants at all stages of the disability application process and he shares his extensive knowledge about disability law on his website and blog.
In our conversation Jonathan and I discuss some of the common problems that derail even the most deserving SSDI and SSI claims. You greatly improve your chances at winning disability benefits if you speak Social Security's language and you understand that every word you write or speak in pursuit of disability benefits is important.
As Jonathan notes in our discussion you should never assume SSA understands what you are trying to say unless you offer a detailed explanation. I hope you enjoy hearing from Jonathan Pearson as much as I did and invite you to rate this podcast and let me know what you think and what you would like from future episodes.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well? Do you have any remaining options?
My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court. As we will discover, federal court judges are looking for significant errors of law or analysis by the trial judge and the Appeals Council.
Only a small percentage of cases will be successful at the federal court level - so an attorney like Karl who focuses on Appeals Council and federal court work is so valuable.
Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council or federal court appeal is likely to be successful. I hope that this episode helps you understand more about SSA's post hearing appeals process.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What happens if you lose at your hearing? What are your options?
Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520. How do you know which way to proceed?
My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court. As you will learn, the Appeals Council is not concerned about whether or not you are disabled - the task of the Appeals Council is to determine whether the hearing judge made a mistake of law or fact.
Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council appeal is likely to be successful. I learned a great deal about how the Appeals Council works and about the types of issues in unfavorable hearing decisions that are likely to support a remand or reversal.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay.
In this episode I discuss seven types of activities that you should avoid while you wait for your court date.
While disability judges don’t expect you to sit at home and stare at the wall for three years, they will be suspicious if you testify that you engage in certain activities.
For example, one of the activities that can raise a red flag for your judge would be testimony that you “help take care of” an elderly relative or friend. In your mind, you may see this task as simply sitting with an older person solely to provide companionship.
In the judge’s mind, however, your role as a sitter requires regular attendance, focus and attention, physical strength (if you have to help the older person move around), food preparation skills, communication skills and overall reliability.
If you are not able to explain why your companionship role is substantially different than a caretaker job, the judge may conclude that you have the capacity for simple, entry-level work. This is especially true if you are getting paid, or receiving room and board or food for your efforts.
You can avoid problems explaining your activities at your hearing if you understand how your judge might view what you are doing, and if you practice testifying with enough detail so that the judge will conclude that you do not have the capacity for any type of work.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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How do you know if you are sick or injured enough to win Social Security disability benefits?
While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now.
If your impairment is physical or involves a damaged body part or system, Social Security disability judges want to see objective evidence of your problem. Ideally, this takes the form of an MRI or CT scan, an ultrasound, a pulmonary function test, blood test or any other medical test that confirms a specific diagnosis. This is why pain conditions like CRPS or fibromyalgia have become so difficult to win.
Judges also look for a long and consistent medical treatment record, and support from your doctor - ideally a specialist - the form of a functional capacity evaluation or narrative report.
My experience has also been that a long and consistent work history goes a long way to establish your credibility, and judge expect your treatment to follow a familiar path.
Mental health cases are more difficult because there is no way (usually) to objectively document their existence. There are, for example, no MRI tests to gauge the severity of your depression, anxiety or PTSD.
Further, my experience has been that judges may discount the opinion evidence of a psychologist who appears to accept your complaints without challenge - often judges will rely on the opinion of a psychologist who evaluates you on a one time basis during a Social Security consultative evaluation.
And finally, what constitutes a severe enough mental health condition to disable you from all work can vary widely among judges.
You may find the demands of Social Security judges in both medical and mental health claims to be wildly unfair but this is the current environment and the more you know about what is demanded, the better you and your lawyer can prepare.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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How does the Social Security Administration decide your case? As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies. Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing."
In this podcast I will walk you through the timeline of an average case and point out when you have the best chances at winning.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What is the difference between SSDI and SSI? As I discuss in this episode, SSDI stands for Social Security Disability Insurance. It is an insurance program and the payroll taxes you paid while you were working are the premiums.
You earn insurance "credits" based on your gross earnings. In 2018, you earn one credit for every $1,320 of gross earnings. You can earn a maximum of four credits in a calendar year, so once you have earned $5,280, you will have all four possible credits.
The earnings requirements for previous years are slightly lower and the earnings requirements for 2019 and beyond will be higher.
It does not matter when during the the year that you earn your credits - if you earned $5,280 during the first week of January in 2018 you would be covered for the full year.
One thing to keep in mind, however - SSDI requires that you earn 20 credits during the 40 quarters ending the year before you become disabled. This is called the "5 out of 10" rule because it roughly translates into 5 years of earnings during the 10 years prior to the year you became disabled.
Example: if you worked full time (and earned $25,000 per year) from 2006 through 2015, you would have earned 40 credits. Since you only need 20 credits you are "fully insured." This also means that your insurance coverage will follow you for about 5 years after you stop working. In our example, if you stopped working in 2015, you would be insured for SSDI until some point in 2020.
SSI stands for Supplemental Security Income and is a welfare program for those who don't have enough earnings to qualify for SSI. You don't need any credits but because SSI is a welfare program, your benefit is capped. In 2018, the most you can receive from SSI is $750 per month. By contrast, SSDI pays you based on your earnings record and most claimants are paid between $1,200 and $2,400 per month.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled. In the last episode, I explained how SSA defines the term "disabled." In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition.
The three arguments you can use are:
- Do you meet a listing? Learn more about this argument at my website MeetaListing.com
- Do you fit within a "grid rule?" Learn more about the grid rules at my website Gridrules.net
- Does the medical and non-medical evidence in your file prove that your capacity to function at work has been so reduced that you would not be a reliable employee at even the easiest, entry-level job. This is called the "functional capacity argument."
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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How does Social Security define the term "disability?" Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death.
What does this mean? In this episode, I unpack this definition so that you know what you have to prove. And if you know what SSA needs, you can make sure that every form you fill out and every statement you make addresses this threshold question - do you meet SSA's definition of disability?
Get a Free & Confidential Case Evaluation Now. Visit www.ssdAnswers.com/Contact and fill out the short form - I'll let you know what I think.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
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