How to Testify About Your Activities of Daily Living
Вставка
- Опубліковано 7 вер 2024
- Why will the Social Security disability judge ask you about your activities of daily living at your SSDI or SSI hearing? Shouldn't the judge focus mainly on your medical impairments.
Disability judges use hearings to evaluate your credibility - is your testimony believable. As I discuss in this video, your judge will ask you about what you do during the day in order to decide if you can be believed.
In this video I reveal the activities of daily living that seem to be most important to to judges and how to answer the ALJ's questions clearly, accurately and credibly.
Most of the time, your testimony alone will not win your case, but poorly prepared and presented testimony can result in an unfavorable decision.
If you have questions about how disability hearings work and how to prepare for your hearing, please let me know if I can be of help to you.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
bit.ly/SSD-Surv...
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
bit.ly/Contact-...
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: www.ssdAnswers.com
Facebook: / ginsberglaw
Telephone: 800-890-2262
bit.ly/Contact-...
================================================
**Click Below to SUBSCRIBE for More Videos**
www.youtube.com...
I have my hearing in the morning. December 6 2023 im diagnosed with Arthritis in ALL joints, Bipolar 1 disorder w Severe psychosis. Ive been denied over and over for 4 years. Now i have a attorney and were going in AGAIN ! For what im hoping to be the final time. With approval
Update ! I won my case ! God bless everyone out there trying to win. Ask God!
@@PrettyPressha_ Congratulations Pressha! My hearing is March 1!
@@80s.soulsis95Thank U so much ☺ PRAY About your hearing & I can't stress this enough TRUST gods work. 🙏🏽 .
Yayyyy!!! This is fantastic! I'm so happy for you! God is sooo good!:@@PrettyPressha_
God is good and the truth always wins.
I won my case on 5-4-19, largely due to your videos. I testified that I could go to the grocery store, and go to the doctor, but then I have to come home and elevate my leg. We met a listing for severe cellulitis with MRSA infection in my lower left leg that hasn't healed in over two years. He actually asked to see my leg in the hearing! My attorney said the same thing about what NOT to say "I can't do anything at all." He told me it's all about what you can do with limitations, not what you can't do.. PS I just turned 60, so that helped, as I have worked all my life. Thank you so much for all you do for us, Mr. Ginsberg!
Both our names are "Elizabeth and our conditions sound so alike, small world, isn't it? I hope all is well with you.
@@elizabethrodriguez1095 It is a small world. Did you win your case? Applying? Didn't see another post from you. I am okay. My leg actually started clearing up a bit, not healed, but a little better, then in July 2020, I was diagnosed with a 3 cm tumor on the cervix. I had a total hysterectomy, ovaries too, but the margins weren't clean so that meant I had to go through external radiation, chemo and also internal radiation (or brachytherapy). Been done with treatment about 4 mos now. It was tough. Not gonna lie, but feeling better now. Thank you so much! I now have 6 mos follow ups every year for 2 or 3 ys. If you haven't won your case, many blessings and positive vibes sent your way. If you have, then congratulations. It's a long, hard battle, especially now with Delta, but in the end, it's worth it!
@@ElizabethF2222 just in the beginning application process right now, but feeling hopeful. I have chronic cellulitis and venous stasis ulcers on my legs due to the lymphedema and venous insufficiency, making the edema much worse and resulting in many cellulitis infections requiring hospitalization each time. I had a wound debridement performed by my wound care doctor, but it's still not healed nearly 3 years later. I'm so ready for it to close up. Funnily enough, I also had to have a hysterectomy, which they believe may have been the cause of the lymphedema. It's so frustrating!
I choose to submit mine in writing prior to the hearing. My Lawyer sent me a full page of writing on how to speak of my daily troubles and to talk about as many of my issues as possible. I submitted it to her and she approved it without even telling me to edit anything. My ALJ never asked me one question about it during my hearing. I think trying to do this live at a hearing is very stressful for the claimant and leaves it open to too much discrepancy, that's why i passed and did it in writing prior to my hearing. Either way you have to choose your words properly.
+Greg Hakes - I find it very useful to submit a pre-hearing brief whenever possible. Often I'll attach pages from my clients' pain diaries, prescription histories and other documents. On the other hand, the judge will expect live testimony since a big part of the decision making process is an evaluation of the claimant's credibility.
But you still had to have a hearing right?
Thank you so very much Mr. Ginsberg. I am preparing for my appeal hearing and your numerous videos to help with this process have been as valuable to me as the f2f meetings with my disability attorney. If I lived in the ATL area, you would definitely be my choice for a disability attorney!!!
Also, your videos are the best I've found on YT about this topic. Kudos to you for providing such an exceptional aid to those of us struggling through this arduous process, obviously made as difficult as possible to discourage all but the strongest applicants, regardless of their need for disability assistance.
Sad to see the social umbrella of this once great nation gradually disintegrating, in the name of balancing the budget and limited government! By far the worst social umbrella of any developed nation and getting worse, no better than many countries considered in a lower stage of development. A nation that can't even assist those citizens most in need of help is doomed to decay financially, socially, and morally, and to lose its global reputation as a world leader. Keep fighting for those of us who need this help the most - my blessings to you for it!
Thank you. Clearly those who think that Social Security disability is an easy process are sadly mistaken.
Thank You.
You have told me more than my appointed lawyer told me, Now i feel confident in knowing what answers to give to the judge. My lawyer called me two days before my Hearing and seemed frustrated over my questions to her, so I Pray I do well with my answers Today.
Thank You once again.
I hope your hearing went well.
@@ssdattorney
Yes Sir my Hearing went well.
My lawyer went to Battle for me, She did a remarkable job. Without any of my Team I wouldn't have won!
Since 2010 I had been doing this battle on my own, in 2020 (2019) I joined up with a Team of lawyers we went through I think three appeals finally made it to a hearing. I wanted to give up because it was taking two years and I wasn't working. After the local lawyer told me to google to see how to answer questions that's when I came across you and you gave me more wisdom in your videos than I had gained with what I had. Well" to sum it up, I honestly wished they would've gone all the way back to 2010 for back pay/ back tracking" it's a shame to them that would've been a lot more money they cared to give me ( but it's mine) so I am very Appreciative for the reward I did receive until 2026 - I fought for Soo long and finally my Day is here.
I Sincerely Thank You for Your Videos and Your Precious Advice.
You Were and Are so Brave to give Intelligent and Helpful Advice to Anyone who Listens. GOD Bless You.
@@ssdattorney
Oh!
and by the way..... Everything you said to say, lol the Hearing Judge asked those exact questions, I choked up a little bit and had a brain fart but my lawyer pulled me through.... I was Soo nervous.
Once Again Thank You. You know what you're talking about, I Love your Knowledge.
My lawyer called me the day before my hearing, I'm being given a second hearing. Thank God. I hope that it's soon and I hope that I receive a favorable decision. I will not allow the judge to put words in my mouth either. I have to appear before the same one who omitted the ve testimony that there were no jobs available. I'll be ready
Thank you, thank you, thank you-Buffalo, NY
I already say those statements when I’m talking to people so It will come naturally to me, thank you love your videos!
My attorney didn't go thru all this with me. I had to go to court blindsided. I have severe back problems and I have good days along with bad days. Like I told the judge my good days I might cook but if I do I have to pull a chair by the stove just to cook and sometime my daughter has to take over. I tried to sweep a few months after my surgery and was in severe pain for days. So that's something I don't try to do. Laundry my daughters do along with cleaning so I don't hurt myself..I bought an adjustable bed and I have a tense machine (I think that's wat u call it) and a heating pad. That's where 90% of my time is spent.. I had to change my whole life because of this injury so all I had to do was tell the truth..
Excellent advice I have a hearing in March of 2020 I’m learning so much on your channel thank you Mr. Ginsberg.
You are very welcome, Sonia and good luck at your hearing.
did you get approved?
@@jflsdknf Yes I did 🙏🏼
I thought after listening to this I had a pretty good handle on this but the ALJ still used the fact that I said I tried to help with folding the clothes, am only able to help with the housework by sometimes sweeping a small section of the floor from a chair and occasionally throwing a ball for the dogs against me. She also thought it was too much that I try to make it to church (which I didn't even say I did, when asked my hobbies, I like to sing and really dont have any so I said singing, she asked me where. Although I haven't attended in a while church is all I could think of) She did use that against me. It seems like she thought I should not be doing anything, ever.I don't understand. Once your claim is approved they allow you to work and earn a small amount of money. After having to prove that you are near death, that makes no sense to me at all.
Ridiculous. Corruption
@@jflsdknf 2 years ago and still caught up in the mess of trying to get help after working 40 years and paying into something I thought would help if I ever needed it.
My case is on it's 4th remand, last time they sent it back to the same ALJ and the one I just got says that she misunderstood the instructions they had given her. They have handed it to a new ALJ. I dont think it will matter and I honestly feel like they are holding the fact that I have a college degree and my 80yr old mother can help me a bit with a place to live against me. I have had a major surgery in both 2020 and 2021 and still have one more to go.
I am unable to walk and stand up straight because I have degenerative disc disease.
I hate not being able to work. It was my social life as well.
I feel really bad for others who have to go through this. That ALJ made it clear that she thought I was looking for a free ride.
I haven't worked in 2.5 years. I finally gave that up after getting covid in april 2020. Horrible daily headaches, can't keep a thought in my head long enough to act upon it, heart rate 250 just getting a cup of coffee in my kitchen. I had a heart attack, then stroke. Lost eye sight in my right eye. Now I get shots every 6 weeks. expensive and they really hurt. My heart has mild damage and my digestive system is screwed up as well as my liver and my blood pressure. It could be 90/60 or 185/125. I passed out because of it, sent my desk across the room when my head hit it when going down. Woke up 3 hours later feeling like I'd been struck by lightning. Urgent surgery needed, they said, or be a quad. Only they won't do it due to the erratic BP. I called uncle at work. I was the person who solved problems no one else could, and now I am an idiot. I can't even remember the problem, let alone solve it! My boss was willing to wait until I got back to normal. There isn't any normal here, not after covid. I wish. I miss me!
Just had my hearing yesterday, and to my surprise the judge didn't even ask about my daily living activities or my current medical treatment! I guess it could have been because (according to my lawyer) my medical evidence and the amount of drs notes in my file was overwhelming. 🤞🤞🤞
Thank you once again for good, concise information on a specific subject. I just got a notice from my attorney about this and to expect this document in the mail. Your videos are great reference for me to understand the nature of these issues as I go through with my claim. Thanks again.
Bob/Okc
You are very welcome. Congrats on the approval.
No approval yet. Going into the 14rh month
Daily living...well, prior to COVID, I was attending college classes five days a week with the goal of getting a professional degree in a few years, because I thought that was my best chance to start a career and become independent from my....incredibly toxic family (I'd basically be homeless if I didn't live with my parents). I had to rely on public transit and paratransit to get to and from school, and I'd leave my house early and come back late in order to spend as little time at home as I could (not that this was easy with my chronic pain and hormonal issues). In March, when my state government issued a stay-at-home order, my mental health had gone into a tailspin and I was unable to resume my classes online without leaving early...so I ended up dropping them. Staying at home with my family has been rough (my dad is over 60, so he had to work from home, my mother is a teacher, so she had to adjust to virtual teaching, one of my younger brothers ended up quitting his restaurant job to reduce the chance that he'd spread the virus to our parents, and the baby of the family ended up having his high school graduation online). My mother would constantly nag us about pitching in with the chores, so I ended up picking some up, like walking the dogs in the morning (they're thankfully small dogs, so it's not as hard on my back, but I have to walk them without my cane or rollator, so I can't do it for very long) and washing dishes (I usually have to take a couple breaks to sit or lie down, since bending over the dishwasher is rough on my back and legs). I buy my own food because I get SNAP (Prime Pantry takes EBT, which is a godsend on days when I just can't make it out), mostly relying on easy sandwiches (PB&J, Tofurky, and sometimes chickpea salad if I made it ahead of time), instant oatmeal, protein or meal replacement shakes (like Evolve or Soylent), frozen meals, and occasionally takeout, when I can get cash from TDAP or if a friend is willing to help me out. When I do cook things that take a bit longer, I have to sit or lie down with a timer on so I don't burn anything. And since I don't want to hear it from my parents, I'll wash the dishes when I'm done cooking.
Most days are spent in the basement where I live. I'm often sore, achy, and tired, so I mostly lie in bed and watch TV. I'll often nap for 1-2 hours during this time, mostly because of soreness or because I have trouble sleeping at night. At most, I'll go out once a week for groceries (I'll make a second trip if I have a doctor's appointment that for some reason I can't do through virtual Telehealth), now relying solely on paratransit (I stopped using the bus and subway after COVID since I do live with two high-risk people, and because I may be high risk myself (I suspect I have POTS or a similar nervous system issue)). To maintain my sanity, I'll sometimes text my online friends and play games on my phone. It's feasible, but not ideal. As I said, I live in the basement, and the only showers in the house are on the second floor. Because of that, I end up bathing at the sink in the half-bath of the basement (including washing my hair...which is murder on my back) most days. And since the house is not built for someone using a wheeled mobility aid, I have to carry my rollator upstairs if I'm going out (if I'm shopping at a store that I know has motorized scooters, I'll just bring my cane and use one of them when I get there). Not only that, but I have to vacuum the carpet in the basement (one of my dogs sheds a lot), take my own trash out, and do my own laundry (which wouldn't be a problem if I weren't sharing the laundry room).
I write all of this because while I do a lot of chores, I only do them because I feel pressured to and don't have any help, and if I didn't live here, again, I'd likely be homeless and probably dead. It's a hellish situation, especially since all I really want is to get out of here and start life on my own terms. How can I say this to a judge without sounding melodramatic?
Thank you for this video. It is very helpful. I have met others that are trying to get disability and they are having a hard time with how to word the concerns they have about the way their conditions affect their lives on a daily basis when it comes to ADLs.
+Kristy Sokoloski - I agree - sometimes a Social Security decision maker will read more into a claimant's comments about activities of daily living than what was really meant.
Social Security Disability videGreensboroos
Congratulations on your "How To Testify About Your Activities Of Daily Living" inspirational thanks for sharing. Daily Living 13 & Mobility 10 from Citizens Advice Bureau. Judge Daily Living 9. 🤒
You are very welcome.
The good old "I can't do anything" statement. If you say that - you just proved you can talk, which is something, and is something that other folks CAN'T do.
Thank you for the info.
Mr. Ginsberg, please do a UA-cam on diabetes and neuropathy in the toes and all the fingers, age 62; and SSDI.
Thanks for the tips. I enjoy all your videos!
You are a fantastic.. Thanks coach!
You are very welcome.
Thank you for this. I currently have an atty. that hasn't even asked for a meet and greet. Is this the norm? I've never even spoken to him. I only talk to his assistants. I'm very concerned this guy has no interest in this.
This is my concern and when i try to update them like ur suppose to it seemed liked they never recieved the information
👍👍👍👍👍 5 STAR⭐️⭐️⭐️⭐️⭐️
Very much appreciate your input and advice, thank you
Gracias Gracias 🙏
He is good
New subscriber! Thanks for all the advice. Have you ever had anyone with Dermatomyositis & Osteoarthritis get approved for Disability?
Yes but you need really strong doctor's support
Thanks :)
Thank u whenever I try to do the dishes my back hurts
I concur Great advice! Soo helpfully while going thru process!
+Monebyrd - glad you found it useful - let me know if you have any suggestions for future videos. JCG
Very helpful thank you !
Want to thank you so much for your videos you post they helped me greatly. I had my hearing today which lasted about 15 minutes I was very nervous. The Judge only asked me 2 questions about my past work and asked what I do during the day . Vocational witness said their was 4 unskilled jobs that a person like me could do than the judge asked if those jobs would accommodate my restrictions , allow unscheduled breaks and if those jobs would exist if I missed 2 or more days a month his response was no jobs. My attorney said she was very optimistic about the out come. Do you think I would be approved?
Based on what you write and the brevity of the hearing, I would guess that you will be approved.
Hope you won your case
Why doesn't SSI cover all of the daily needs? Welfare should now increase the amount of money in SSI.
No one should live in poverty.
my lawyer did NONE of these things for me. She was a warm body in a chair during the hearing. Her head was clearly somewhere else every time we talked on the phone, which was 2 times. One just two days before the hearing. Her email responses to me were brief and vague. I'm pissed. I hired a company to help me and they assigned her to me. I thought I was going to get an advocate who was going to help me prepare for this hearing.
I feel you! I had the same problem except my attorney was so lazy that he did not bother to familiarize his self with my case and did not even have my records on file. The judge asked him where my Doctors records. I had a lazy attorney assigned to me and a sarcastic and lying Judge.
Thanks my hearing is one month
I have a home health aide who comes to my home five days a week five hours a day to assist me with my adl's, like light meal prep, dressing, helping me in&out of bath, housework, medication reminders, shopping occasionally, etc because my doctors want me to keep my legs/ feet elevated due to the swelling and pain from my bilateral lymphedema. In addition, I have a home visiting RN who comes weekly to perform wound assessment and care for a non healing venous stasis ulcer on my lower left leg that's been there about 3 years. Will these factors help my case, if known by ssa before ever even having a hearing with ALJ?
Thank you for your time and response.
Thanks for your help...Can you practice In South Dakota?
I think I'm gonna lose my hearing I just had couple days ago, my lawyer didn't prepare me at all, I talked with him for 20 mins on phone the day before the hearing and about 20 mins the morning of , I'm just sick about it and I still have to wait a long time for the decision, I didn't watch any of these much before either cuz I didn't really know what to expect 😟😟😟😟😟
I hope your hunch is wrong. Keep in mind that your medical record is much more important than hearing testimony. In most hearings it is 90% medical and 10% testimony.
What if the ALJ is only focused on social media and not medical records?
👍👍👍👍
Should I have a note from my lawn care people? If so, should I take it with me to the hearing or upload it to my file first?
What do the lawn care people have to do with this?
Social Security Disability videos lol.... I watched another video of another lawyer saying that I should have a note saying that I don’t mow my own lawn. Lololololol..... okay then, I guess that answers my question. I trust this channel way more than the other channel. Thanks for all of your vids! 😊
Lol, dr's note and a note from Crazy Karl Slingblade. Mmm huh
I am appealing for my autistic brother. I am the representative payee for him. He is an adult and I filled out the forms saying I will appear for the hearing and I will represent him. He isn't verbal. So I was wondering if I should bring him to the hearing?
They want to stop his benefits because they think he isn't disabled anymore but he cannot do things without being supervised to his basic needs to the outside needs. I just think he isn't ready to work. Please give me some possible answers to tell them so I can have a greater chance of winning the appeal.
Another problem is that there aren't any current medical reports and my mother which of course is the legal guardian refused to pt him in a program fro him and I was started working on a process to put him in a rehabilitation center to help me be active and socialize but then I got the letter saying that they will take away his SSI benefits.
Dalia, yes you should bring him to the hearing. I would think that his appearance and presentation would be helpful for the judge to see. You also need medical (psych) records to support your contention for disability.
Hi,
I don't have any new medical records. I have old ones that were done but they have them. Do you think my statement and mother's statement will be suffice, since we are his current caretakers?
Without viewing the file, I can't say - but if you and your mother see your brother on a day to day basis, your testimony would be valid evidence about a condition that does not get "better" with time.
What do judges think when you say you take the garbage out if it's not too heavy?
My experience has been that most judges don't have a problem with light household chores and light (10 lbs or less) garbage bags should not be a big issue.
@@ssdattorney Thank you for your reply.
I have point your videos to people who have been denied they are without a lawyer,also my case is in Aug I have New DX since I applied lawyer is big alone with my Neuropathy is this good?
Michelle, you have to be careful about raising a new medical condition at hearing that was not raised before. Some judges will send the case back to the state agency for development, while others will consider the new condition. I would discuss this issue with your lawyer. Generally I try to focus on no more than 3 medical conditions at hearings. I am not going to second guess your lawyer - perhaps he feels that your neuropathy is enough and that very well may be the case.
yeah when i first met up with him i said i was vtech heart and depression and neuropathy he more with neurpathy in my legs feet and hands thats the way he wanted to go plus me being 52 he said is a plus..also had surgery on both feet and Dr who did also said alot of damage to nerves and has not seen much improvement since surgery sept 2016
i have 3 type of pain, from copd,fibromyalgia ,DM diabetes
How can i Testify my Activities of Daily Living.
It's a mix of all 3.
Eddie, FMS is increasingly difficult to support a favorable SSD decision and I have never seen or been involved in a winning fibro case for a male.
Can you please tell us about a ALJ requesting 2 nd hearing with a medical examiner what is are chance of winning?? Please help
I wouldn't draw any conclusions from this - it may be that the judge just needed more info about a complex medical record.
@@ssdattorney I have multiple diagnosis that automatically qualifies me . I just had major back surgery which my back is worse now. Plus i have PTSD, Major depression, ADHD, Severe Anxiety, degenerative disc disease with spondylosis. I have been on disability before until I was 25. My Doctor has deemed me disabled. I am on a walker can not walk with out it. My attorney isnt really doing anything what do I need to do? I have done all the work getting medical records and etc .. He never called me until 10 min before my last hearing.
My lawyer didnt call me or talk to me until 10 prior to my hearing can I file something on him?
We live in Alabama, and are going to have to have a lawyer for my husband's case. Do all lawyers charge 1/3, or are there paralegals or legal secretaries or law students or interns who do it for less? Also, is there someone I should be asking here in Alabama so I don't bug you about a case in another state? Thanks.
Lawyers charge 25% not 33%. I do have a good recommendation for you in AL - if you fill out the form at www.4socialsecuritydisability.com/ I'll reply to you directly.
My judge bit my head off today she asked if I cook but I don’t and nobody let me get a chance to talk true story I really can’t cook and I don’t my kids won’t even let me cook for them they won’t eat it I’m kinda like the dad I’m the one that always worked and made the money I really don’t know how to cook so I fill like she thinks I’m lien and I was telling the truth I just couldn’t talk she was over talking me
Omg
Looks like drumpf (trump) lackeys still languish on the bench. Make a personal visit to ya congressmen. That should change things.quick.
I used Black Chapman and Weber out of Medford Or BEWARE SHYSTERS and they sent a replacement lawyer to my hearing that had not even read my file. I had a panic attack and was laughed out of the room by the judge and the "we have a job for anybody somewhere" advisor without him raising a single objection. That firm threw me to the wolves as the judge threw out all my drs records and they did not object??? I was approved using Myler out of Utah.
Wow the judge lol dang😳
No
🧐
This a shame the money you put away for when you really need this is how the government treats you🖕🏾🖕🏾🖕🏾not you mr attorney
If you can get by for 6 months to 2 years while waiting; you should be denied!!!!!!
Why? What is the logic?
Can you explain a " dire letter"? My case is being reconsidered however I am going to be homeless before I get a decision. I am essentilly couch surfing or stay with a relative for free. This is stressing me daily. Anxiety is through the roof. I'm not worried about the physical part. I am a single 50 year woman. No income or resources. I have no assets to speak of. I am usually bed ridden & I use a wheelchair my doctor ordered for me. I don't drive ot travel or shop. Reclusive. Thank you
Thank you for your video.
2:0. Ok good point