You're right. I'm 36 and at my hearing as soon as my lawyer finished questioning me about my work history the judge looked at her and said, "She has a pretty impressive work history!". That was the first comment about my case that he made. My work history had no gaps and showed a couple of failed work attempts before applying. So yes they are looking closely at this.
I'm hoping this helps me in my case. I'm 43 and my lawyer keeps telling me that my documentation of my condition is very good but that since I'm young I had to go through the denial process and appeal. I have a hearing coming up with the judge. I've worked in the medical field for 20 years, and had to leave because of my condition, but I tried doing an accounts receivable job where I would be sitting the majority of the day and only doing light work. I only made it a couple of months before they let me go because I was unable to keep up. I truly tried another type of work instead of just quitting the medical field altogether. I even waited after that before applying thinking I might possibly be able to find some kind of job. But I'm just not reliable for even light office work.
What was your outcome of tried and failed jobs after you working the medical field for 20 years? I’m in the same boat right now. I actually worked for 23 years as a certificate Medical assistant both first job was about 10 years as my first job as an MA because the doctor closed his practice I was forced to apply in 2010 at another clinic and I was there for 10 years as well. I went out on temp disability for a year and went back to work as a temp job as a covid screener this was June of 2020 when everything was strict with covid. In august 2020 I went to and applied to another medical clinic and got the job thinking I was able to do the job again. But I was there for maybe 2 years and had to take another medical leave (temp disability/FMLA) but you was fired because I still couldn’t go back to work. During this time in end of 2021 I was constantly calling in and feeling horrible taking in schedule breaks, panic attacks etc. I found out September 2021 that I was diagnosed by my rhumatologist with Systemic Sclerosis with overlapping conditions, GI issues, Raynaud’s phenomenon, skin rashes/Morphea (tightening of skin) . I was denied and now I’m at recon. This time I have a psychiatrist who I started to see before I was denied at initial as well as a counselor, doing physical therapy. And not one of those medical notes were reviewed at initial. I’m hoping now they will be able to review all this. Says I’m at stage 3 out of 5 at reconsideration. Not sure what that means
Yes this information was very helpful I got to prove in 5 months I'm 57 years old I meet the grid rules I was denied my first application. I filed a reconsideration appeal. And I was approved I won my case.
You're right I had a 40 year work history stack of medical records I was approved in 5 months without seeing a judge so yes all that is very helpful and winning a case
Great video Jonathon!!!!! I've watched alot of your videos. Good info. I applied for social security disability back in July this year 2019. Have not worked in my job since May 30th. On short term disability from my Cigna insurance from work. I drive tractor trailer semi, for Estes, locally. Freight delivery. Been there 20 years. My shoulders are destroyed. Having surgery on both rotator cuff tendon tears. One arm at a time. Had my first surgery left shoulder June 10th. 90% full thickness tear and bone spur removals. Been in physical therapy since then. Having next surgery on right shoulder, Sept.16, 2019. 75% rotator cuff tears and bone spur removal. So, another 4 months of recovery. Probably gonna be under the 12 months recovery a bit. Got a strong work history. Prior to this job, I drove a truck at a copper mine for 6 years. Copper declined, I got laid off. Prior to that 6 years USAF. Drove trucks in the military. Aircraft refueler. My package, or paperwork is currently at the determination board. Just mailed the functionality paperwork to the determination board last week. Well, we will see what happens.... Oh, by the way, I'll be 62 in October this year. Hope I get approved. Ps Also, my left shoulder biceps tendon was ruptured on the job back in 2015. Unrepairable at this point. Never got it repaired. Doc said I would be out of work for at least 6 months back then. My current salary, 61,000. I'm just worried that I may re injure myself with the work I currently do at my job.
I just won my case, and having worked in the same field for over 25 years did help in my hearing. I worked for the same employer, who was a good friend, since 2003. I had been having to decrease my work time because of my back pain, but since I worked for a friend, he gave me a lot of lenience. I could take short days, or a lot of time off as needed. He committed suicide a couple of years ago, and the company ended. I was not able to work for any other employer full time. The judge agreed, as well as the VE who said that I had no transferable skills, and should be evaluated under the grid rules. Length of time on the job, a decrease in income supported by IRS records, and only the CE medical report with x-rays was all I needed to win the case.
@@JustMe-ww6fi So your CE Was actually helpful to you and helped you win your case ??..this is positive news as I Too have back problems and had been at the same job for 19 1/2 years and the judge is sending me for a neurological CE In January ..But Im only 47 1/2 years old ...hoping my work history will out weigh my young age..
That definitely makes me feel better. 37 years for the same employer and 57 years old and it will definitely be a cut in pay. Sorry for asking a stupid question but what is a CE? Maybe I need one. I have MRI but it's not shockingly bad.
I was a waitress off and on 25 years. 2017 had to stop. Arthritis. 2 hip replacements. Did uber,, loved it! Had to stop because of all the manual lifting, wheelchairs, groceries,, luggage. 60 now. Did my paperwork last year with ssdi attorney here in Honolulu. Went to ssdi doctor 3 weeks ago. Unemployment has stopped last week. Life is uncertain
Watched your Video before I went in front of judge. Took your advice,my counsel was happy with answers to questions I hadn't been prepped on..Thank you because I won my case although I feel I had a strong case.Also my job history was strong mostly with one company until I tried some part time less stressful work for my injury.
You have been so helpful to me thank you much for what you do. I wish you many blessings always. My hearing was yesterday and it was a video hearing I was very scared, but I stayed calmed answered all the judge's questions and my lawyer told me I won I am so happy!!!!!
How would it affect a case (ADHD PTSD Bipolar 2 and Autism) if the claimant had new jobs every three months? I get hired easily. But it just goes downhill in 3-6 months. And I get fired or quit.
Exactly. I don't know about other states but in Oregon it seems that they want you to fill out your initial disability application, then they say that they will draw your records for the past 12 months and that's all that they will need. And then you're supposed to just sit back and wait? I didn't accept this my lawyer and SS office told me this. I filled out a summary timeline because I've got 30 years of at least four or five of the overall conditions of Social Security. From three back injuries, two different kinds of arthritis, the mental issues that go with it including a past suicide attempt, which I wouldn't do now, and my medical records are extensive in pertinent information did I put together with 2in thick. I mailed all of this to the determination because I don't have time to wait for 3 years. My work history is as you said, I work my ass off and I've even worked three jobs at a time seven days a week and it's the only place I ever got any social contact.in fact my conditions over time have distracted me so much that I don't have a social construct. And now I'm 54 if it wasn't for my two sons and then my two grandkids I wouldn't have anything else. So don't just take their baseline word for what you need to do, put the information together and give it all to them. I wanted to overwhelm them with so much information right from the beginning that it would be insane not to realize what I have been through.... And now the Oregon determination office has diverted by whole case to a determination office in Kentucky Arkansas, so now I have to fill out all of their paperwork get my medical records back and send that whole pack to another office. They could have spared all of this waste time I taking a serious look at all of my info and it should have been cut and dry. Yep it is a grueling and ridiculous system sometimes and I think we have all the lazy people and people who want to take advantage of the system to thank for that.
As always great information! When an ALJ looks at a client with a long consistent work history that has now become unable to work it goes a LONG way! There are too many folks trying to game the system and these judges know it and see it on a daily basis! A consistent and long work history with a solid earnings record establishes credibility and that is the key to getting the judge to see you are credible.... besides answering the questions honestly. Ongoing and consistent medical treatment and documentation of your condition are the other components of a sucessful case.... that and a good lawyer like yourself that prepares a pre hearing brief that makes the judge's job easy!
Yes but Ive read that some judges think you are just trying to retire earlier . Especially when you get in your late 50's and have had a long career. But physical jobs just get harder and harder as you age even with no or slight disability such as CHF or enlarged heart with low ef.
Sir, I had a car accident on jan 6 2019. I suffered a concussion hitting my left side of head on my drivers side window. I was seeing a general physician regularly. Weekly. The 3rd visit she said I was well enough to go to work. I told her no. The lights are bright at my job. I can not take light. I am still sufferibg from light sensitivity. Migraines. Eye pain and fuzzy sight. She sent me back to work anyway. The month I hD left on my contract temp job was hell. I missed days. I suffered with severe pain from the lights. When I finished end of february, I collected 6 months of unemployment. I wauted 3 months hoping I was getting better and healing. The headaches got worse. I pushed the doctor for a neurologist. I then was prescribed migraine pain med to sleep at night. Med was origionally made for seizures. So I started physical therapy for my balance. COR therapy. The therapists said I need temp disability so I can get better. But now I was told I was supposed to not claim unemployment. But the genetal doctor that prematurely sent me back messed up my ability to claim temp disability. How do I fix this problem? Can I now claim temp disability even going back few weeks to work. Then unemployment 6 months? My concussion problems got progressively worse over time. I have post concussion syndrome. Thank you
Eva, there is no such thing as "temporary disability" under Social Security's rules. You must have a condition that prevents you from performing any job which has lasted at least 12 consecutive months. You may be eligible for short term disability benefits under a private policy but that is not a Social Security program. I can't comment about how collecting unemployment impacts short term disability since that will depend on the policy.
Hello, I've been watching and learning from your videos for a couple months now. I've enjoyed learning about social security. I've recently applied and I'm only 38 years old. I suffer from PTSD and was diagnosed bipolar disorder. My work history is long. In the last 18 or so years, I've worked 6 jobs with long breaks in between due to my son being sick among other things. I've done a lot of research and I have prayed about my decision to even file for disability. I take notes and that helps me. I'm approaching 6 months since I filed and of course I don't have a decision yet. I don't have a lawyer either I want to wait to see if I get denied first. Anyway, your videos have helped me so much and I appreciate your content!
I've worked the last 17 years until 2017 was fired work place safety concern and went to jail because my mental health schizophrenia physcotic and depression and anxiety but my question is im waiting for social security to make a decision if I'm denied and have to hire lawyer what's the chance I'll win with a lawyer and not get denied again
Can you cancel your ssdi application after deciding you no longer want to apply for benefits after already applying online and submitting the application to your local SSA office?
Another great video I have a long work history I keep thinking of trying to go back to something easier I'll never be able to do my past work. But with all the meds 16 I do have side effects and the fluid pills are the worst 40mg morning and 40mg in afternoon keeps me busy. Maybe eventually I could mop floors a few hours in the early morning. Just hoping to get to do something eventually. Thanks for all your time and knowledge
I did everything online myself. At the time, 17yrs ago. I was told you have to be unemployed for at least 1yr before you can file a claim.. I was Granted the 1st time I applied, it took 2yrs but they reimbursed me $25k and $1700 a month since. $2k a month now tax free! I take home more than my Dad's retirement, which he worked 45yrs with the same company.. Lately, you'll be extremely lucky to get SSI/DI. I had 1 friend that had cancer & 6 months to live, he was denied. Only to be approved the day he died. Another friend had a Brain Tumor, he was denied & fought with attorneys & still was denied. It's a 50/50 shot getting SSI/DI
Thank you Attorney Ginsberg. Excellent Video. However, I need a clarification. Your video seems to suggest that working a unsuccessful job or side gig may work in your favor. However, in past videos working was discouraged because the judge could use this information as a sign that you can at least do entry level work, and therefore deny your case. Would you be able to clarify please? Thank you
Richard, good question. An unsuccessful work attempt shows that you are trying to work but are unable to do so. By contrast an on-going, part time job can hurt you because it suggests that you have capacity to work and possibly for more hours than what you are doing. The key is to show that you are fighting the idea of pursuing disability but despite your best efforts you just don't have the capacity for full time work.
I had a case worker at ss office tell me that if it shows i make over $1,400 a month even with breaks in between, that ss will most likely not approve me and will think i am able to work. Is this accurate? I have ptsd, spinal stenosis, bipolar, anxiety, sciatica, neuropathy, chronic migraine, and herniated discs
SGA in 2024 is $1,550. I used to tell people to avoid working since ongoing part time work muddies the water. SSA decision makers will ask - if you are earning $1,400 part time, why could you not work a few more hours and take it over SGA. This is still an issue but given the 2+ year delays in case processing more people have to work part time to survive. So we have to prove that the $1,400 (or whatever figure is applicable) represents this claimant's maximum capacity for work.
How far outside of Atlanta do you accept clients? I'm about 4 hours from Atlanta and feel like I have worked as long as I can. I'm nervous about everything to do with this and I don't know any good disability attorneys. Do you have any associates you would recommend in the Tupelo MS area, if that is too far for you.
I worked for a bank for 22 years and was diagnosed with COPD/Emphysema around 2005 My job was pretty much a desk job with little movement so I was able to conceal my disorder fairly well! However I relied on public trans. to get to and from work and it was that that started to become difficult having to walk the two blocks from the stop to work. I started to become depressed and ended up quitting my job! I haven't been able to look for work b/c of my illness I have a Doctor and have had all the tests so what are my chances of getting on disability??
What happens to those who may not ever be able to work? Even applying for SSI you have to prove that you can't do Substantial Work. Also, what is the percentage of Approval Rate for disability at the current time?
Jonathan I have been working in my multiple fields through out my 24 years of work. I’ve been consistent and paid taxes and had many different employers and I was also self employed as an independent contractor. I’ve never been fired . Will this be an issue?
I have worked as a blackjack dealer since 2001 to 2023, I was diagnosed with tendinitis with an MRI and a few months ago I did a nerve conduction test I also have carpal tunnel so both tendonitis and carpal tunnel. I was in pain for over a yr now. I was on short term disability for a yr and now I have exhausted sdi. By the way I just turn 56 this month. I need to apply for permanent disability. Should I apply for it now on my own or do I hire a lawyer. Please help
Hi. Thanks. I'm 60 years old. Been working since age 15, and only one break on my SS work record . That was approx. one year off to go to x-ray school. I'm a hospital x-ray tech now and for the last 12 years. I want to pursue disability due to horrible painful diabetic peripheral neuropathy and the medication side effects. Also history of open heart sx. Problem / Question: 14 years ago I was a Banker. My banking position required special certification, which I did not keep up. If I file SSDI, will I be required to go back to work in the banking industry? I also have a BS degree in Finance. Any insights??? Thanks for your thoughtful consideration.
I dnt have any work history because of anxiety and ptsd in the last 14 years. Is that bad? How do I answer that so I can win my claim. I've been denied a few times idk y.
Work history is stumping me, the way the question is worded under section 6A. SSA is mandating that I as a payee file for SSDI for my grandson now age 27 whom has been on SSI since he was injured in a housefire at age 4. He has had maybe 6 P/T jobs none of which lasted 3-6 months. It asks list the jobs that you had had in the 15 years before you became unable to work because of your conditions. But then there is a box that says check here and go to section 7 if you did not work at all and so on. Then under the list of work history here is another box: I had only one job in the last 15 years blah blah. Answer the question or a box that says do not answer the question if you had more than one job since the date you became unable to work. My problem is he was 4 years old and had no jobs but worked periodically since then not before. His last 3-month job ended in Oct 2023. Do I put that date as the last day he was unable to work before he became unable to work? I am having a hard time with this ....They just did a medical review on him and stated his disability is continuing for SSI, but saying it is federally mandatory that people on SSI must apply for other programs when they have run out of insurance, (I do not know what that means) but he has 12 work credits and now saying he will need to go through another review.
I have a hearing in December. I have absolutely nothing right now and I dont know what to do? I am feeling like leaving life if I can. I am just not smart I think.
When does one work as unsuccessful work attempts? Is it during the time of a denial pending reconsideration or is this before applying for SSDI in general? I’m sorry, I’m confused
Not sure how this will work out. I had bc a very flexible employer, working PT taking days off if hurting. Laid off in 2020. Decided to raise my kids because day care was expensive and I knew my back would be an issue, it was getting worse. I needed to go back to With, what back to sane customer service with over five 20 years, and couldn’t handle 45 minutes, so much pain. Either 4 hrs, tried again mixing sitting and standing in a primarily standing job, and did noGood. Excruciating pain. Tried a week later, just awful pain. I’ve been getting MRIs, seeing a pain clinic. I have arthritis, mild to moderate scoliosis, a thoracic condition (creates stabbing pains) . I’m 51.
Well, at 54..23 yr an ICU RN IN SAME HOSPITAL,thru vovid physical emotional mentally DRAINing as HELL.. stressed, understaffed--- 12 YEARS at same fancy hotel/restaurant before that.. And got 3 NO ..I M only mobile with walker, cant drrss.myself, need 3 hips, have bad OA, haven't worked 19 m, took care of ill bipolar unresponsive, crazy husband of 24 yr Same home 22 years -now in foreclosure ..lost car, Only child responsible for elderly parents. Depressed, anxiety, cortisol thru roof .all I do is cry.VAMT GET MRI OR CT approved WITH INSURANCE.. HELP
Great video. I sent in my appeal about 2 months ago and I recently got a letter on 9/3/19 saying I had 14 days to turn in a work history report and functional compacity report. I did a functional compacity report when I turned it my first application. In my appeal I turned in all the evidence showing that a meet a listing. TBH, I only remember 2 jobs from the past 15 years. Can I explain that in the additional information section? Also, is this normal? If I meet a listing in my appeal I summited, why are they asking for this information. And if I could only list 2 of my past jobs instead of all of my work history am I screwed? When I mail off the work history and functional report should I also add that I meet a listing with all evidence in the package?
I’ve asked you questions in the past and I appreciated the response I have another one for you. I won my case two years ago and on the paperwork they sent me they said within three years I am going to have a review just in case it doesn’t come out favorable for me do you take cases for CDR‘s from California? I do have money to pay attorney fees if needed.
I'm really disappointed ... I won my case ... but they don't give you your lump sum that is owed ... they give you a few thousand dollars every 6 months.
SSI was not even offered to me. I researched it and you better understand the difference because on SSD you can get an inheritance or have say ex: $50k in the bank and that's ok. On SSI you are considered poor and your state covers part of it as well as Federal and you have to report any money you come into above the allowable amount and I think the month you get that money they don't pay you (look it up.). I wasn't offered it so I'm appealing my SSD case today and if approved will get lump sum after attorney is paid directly first.
@Born Natural did you fight on your own or did you lawyer up? Im waiting for hearing next month, filed back in 2017 online & denied, refiled 2018 with lawyer & now upcoming hearing AFTER 4 surgeries.
If one only worked one job that was considered SGA but hadn't SGA before and after that job how can one negate that to get CDB and DI on DLI? They told me listing level impairment prior to and during can reopen on error of face of evidence I hadn't found that standard before in poms hallex or SSRs. Have you heard that Mr. Ginsberg? And why for childhood impairments eg since birth they want you have filed essentially as a baby has to crawl outta hospital w medical records strapped to your back and get to the disability office to file? What kinda crazy standard is that lol this what my cdb denial said
I had a solid work history. I am 59 years old and I have worked very hard since I was 17. Worked as a nurse for 20 years, overtime hours every 2 weeks as a Hospice Oncology nurse. Had 2 doctors who wrote me letters for disability. I had a terrible judge, terrible. Lost my case, I had a great work ethic and history that showed many years consistant history. Then the last 3 years the hours went from 120 hours every 2 weeks down to 40 hours and down to the point where I just couldn't take the pain anymore. The judge still treated me terrible.
Patti, that is unfortunate. Sometimes, the question of whether you win or lose comes down to which judge is assigned. In any one hearing office you may have a judge who approves 70% of claims and the judge next door approves 17%. In my view that is a lottery, not justice.
@@ssdattorney The judge judge I had was brought in from Oklahoma because of the back log. His approval rating which I looked up was 25%. He did have the lowest approval rate of all that were in his group. I decided not to appeal because I didn't want to have the same judge again to look over my files. I live in cedar bluff Alabama and I am confused about something. Can I use a lawyer in a different town further away, or do I need to stay local? I also am wanting to do a report for some things that the judge said in my report, that I NEVER discussed with him, and that he continued to interrupt me, and bully me. For example, I have a disc issue with my neck that causes my fingers to go numb and I kept dropping needles. It is in my dominant right hand. A doctor wanted me to have a metal rod put in my neck which I decided not to have done. The judge said. "So, you could have had this done, and had this problem fixed, but you didn't!! "WHY! I started to answer him, he cut me off and said, "well, have you ever considered just using your left hand and arm? Huh!! I felt like saying the reason why I didn't have the surgery is because its dangerous and I would have had to quit working and I can't give injections with my left hand and I can't lift patients with one arm. I need to get a copy of the tape to give to qualify assurance, but they never answered their phone. Why do they allow judges so much power that they try to tell you to do things like change my seizure medicine? He had no right to make that statement or to.challenge what my Doctor put me on.
I think I was denied too because I stopped working Full time and they just think I can still work PT However. the rules are you are approved if you can't sustain a FT job. I feel they think if you haven't worked full time and survived then despite your conditions you still can make it. Yet homeless people I see smoking cigs & do drugs have a stroke and get approved and many dodge high incomes so not to pay child support. I suggest you reapply and ask for another Judge. I would.
I worked since 2015 as a nurse consitently at 3 jobs. On December 2019 i broke my ankle and was out for of work since then. during that 5 months i had surgery on February 2020 for my ankle. In march 2020 the cops caused me pain On my ankle pulled me out when i was not weight baring on my ankle and at the same time the cops seperated my shoulder / collar bone. .mri confirmed.. So i aplied since i havent worked since december 2019. I tired to work in june2020 an 8 hours job and couldnt so i switched to 1 hour a day and still couldnt . . The doctor put me on sertaline for depression becuase i cant works no more or do daily activities. And im on physical therpy becuase i have now left shoukder seperationg, lefr ankle pain, righ back pain .it frustrating do you think i will be able to get it aproved. There sending me for psych eval and consultative assessment..im nevous
I think that your long work history will help, as will the objective MRI and other evidence. It will also help if one or more of your treating physicians is willing to complete a functional capacity form that identifies specific work activity limitations.
@@ssdattorney i hope so i applied for disability and didnt qualify not even for pandemic and now im on ebt , it so embarassing to me, it brought real toll on me.
My daughter has autism, Asperger's and some retard. She's 29 years old. Never work. She doesn't have social skills and repeat movements and do the same routine every day. I applied for SSI for her, because at this moment I'm disabled, we don't have any income. No matter she's autistic she went to college because I don't want people make more bullying to her. So I go with her and do all the work, the test and everything with her. Proffesors said that I was the one graduated really. Maybe it was an error but I try to do the best for her. But sadly, because she has a degree (in music, cause she likes music) her case for SSI was denied three times. Now she have her hearing in two days but don't have a lawyer, I have to speak for her. I live in Houston about almost two years but we are from Puerto Rico and after hurricane Maria came here to live. What you suggest for my daughter case?
What does it mean when your judge lie and say you said things at a hearing you did not,and left out important test done to try and deny your disability,knowing it was recorded at hearing
Olive garden would work me late at night and I've had issues working and my friends have been to busy to hangout and I've lost my job in 3 months I've gotten replaced at Olive garden and got fired at McDonald's
You're right. I'm 36 and at my hearing as soon as my lawyer finished questioning me about my work history the judge looked at her and said, "She has a pretty impressive work history!". That was the first comment about my case that he made. My work history had no gaps and showed a couple of failed work attempts before applying. So yes they are looking closely at this.
I'm hoping this helps me in my case. I'm 43 and my lawyer keeps telling me that my documentation of my condition is very good but that since I'm young I had to go through the denial process and appeal. I have a hearing coming up with the judge. I've worked in the medical field for 20 years, and had to leave because of my condition, but I tried doing an accounts receivable job where I would be sitting the majority of the day and only doing light work. I only made it a couple of months before they let me go because I was unable to keep up. I truly tried another type of work instead of just quitting the medical field altogether. I even waited after that before applying thinking I might possibly be able to find some kind of job. But I'm just not reliable for even light office work.
What was your outcome of tried and failed jobs after you working the medical field for 20 years?
I’m in the same boat right now. I actually worked for 23 years as a certificate Medical assistant both first job was about 10 years as my first job as an MA because the doctor closed his practice I was forced to apply in 2010 at another clinic and I was there for 10 years as well. I went out on temp disability for a year and went back to work as a temp job as a covid screener this was June of 2020 when everything was strict with covid.
In august 2020 I went to and applied to another medical clinic and got the job thinking I was able to do the job again. But I was there for maybe 2 years and had to take another medical leave (temp disability/FMLA) but you was fired because I still couldn’t go back to work. During this time in end of 2021 I was constantly calling in and feeling horrible taking in schedule breaks, panic attacks etc. I found out September 2021 that I was diagnosed by my rhumatologist with Systemic Sclerosis with overlapping conditions, GI issues, Raynaud’s phenomenon, skin rashes/Morphea (tightening of skin) . I was denied and now I’m at recon. This time I have a psychiatrist who I started to see before I was denied at initial as well as a counselor, doing physical therapy. And not one of those medical notes were reviewed at initial. I’m hoping now they will be able to review all this. Says I’m at stage 3 out of 5 at reconsideration. Not sure what that means
Yes this information was very helpful I got to prove in 5 months I'm 57 years old I meet the grid rules I was denied my first application. I filed a reconsideration appeal. And I was approved I won my case.
Please elaborate how. !??
You're right I had a 40 year work history stack of medical records I was approved in 5 months without seeing a judge so yes all that is very helpful and winning a case
Great video Jonathon!!!!!
I've watched alot of your videos.
Good info.
I applied for social security disability back in July this year 2019. Have not worked in my job since May 30th. On short term disability from my Cigna insurance from work. I drive tractor trailer semi, for Estes, locally. Freight delivery. Been there 20 years. My shoulders are destroyed. Having surgery on both rotator cuff tendon tears.
One arm at a time. Had my first surgery left shoulder June 10th.
90% full thickness tear and bone spur removals. Been in physical therapy since then. Having next surgery on right shoulder, Sept.16, 2019. 75% rotator cuff tears and bone spur removal. So, another 4 months of recovery.
Probably gonna be under the 12 months recovery a bit. Got a strong work history. Prior to this job, I drove a truck at a copper mine for 6 years. Copper declined, I got laid off.
Prior to that 6 years USAF.
Drove trucks in the military.
Aircraft refueler. My package, or paperwork is currently at the determination board.
Just mailed the functionality paperwork to the determination board last week. Well, we will see what happens....
Oh, by the way, I'll be 62 in October this year.
Hope I get approved.
Ps
Also, my left shoulder biceps tendon was ruptured on the job back in 2015. Unrepairable at this point. Never got it repaired.
Doc said I would be out of work for at least 6 months back then.
My current salary, 61,000.
I'm just worried that I may re injure myself with the work I currently do at my job.
I just won my case, and having worked in the same field for over 25 years did help in my hearing. I worked for the same employer, who was a good friend, since 2003.
I had been having to decrease my work time because of my back pain, but since I worked for a friend, he gave me a lot of lenience. I could take short days, or a lot of time off as needed.
He committed suicide a couple of years ago, and the company ended. I was not able to work for any other employer full time. The judge agreed, as well as the VE who said that I had no transferable skills, and should be evaluated under the grid rules.
Length of time on the job, a decrease in income supported by IRS records, and only the CE medical report with x-rays was all I needed to win the case.
That is the result you want - congratulations.
So sorry about your friend sounds like he was so helpful ..glad you won your case
@@JustMe-ww6fi So your CE Was actually helpful to you and helped you win your case ??..this is positive news as I Too have back problems and had been at the same job for 19 1/2 years and the judge is sending me for a neurological CE In January ..But Im only 47 1/2 years old ...hoping my work history will out weigh my young age..
That definitely makes me feel better. 37 years for the same employer and 57 years old and it will definitely be a cut in pay. Sorry for asking a stupid question but what is a CE? Maybe I need one. I have MRI but it's not shockingly bad.
And if you don't mind answering, how long did it take you to win?
I filed a reconsideration appeal and I was approved I had won my case.
I was a waitress off and on 25 years. 2017 had to stop. Arthritis. 2 hip replacements. Did uber,, loved it! Had to stop because of all the manual lifting, wheelchairs, groceries,, luggage. 60 now. Did my paperwork last year with ssdi attorney here in Honolulu. Went to ssdi doctor 3 weeks ago. Unemployment has stopped last week. Life is uncertain
Watched your Video before I went in front of judge. Took your advice,my counsel was happy with answers to questions I hadn't been prepped on..Thank you because I won my case although I feel I had a strong case.Also my job history was strong mostly with one company until I tried some part time less stressful work for my injury.
You have been so helpful to me thank you much for what you do. I wish you many blessings always. My hearing was yesterday and it was a video hearing I was very scared, but I stayed calmed answered all the judge's questions and my lawyer told me I won I am so happy!!!!!
Great news, Glenda. Congratulations.
Hmmm...your lawyer said you won right after the hearing?? Ive been told it takes 6-8 weeks for outcome. How does your lawyer know?
Can you get approved . If social security says you have 40 work credits to get approved ?
How would it affect a case (ADHD PTSD Bipolar 2 and Autism) if the claimant had new jobs every three months?
I get hired easily. But it just goes downhill in 3-6 months. And I get fired or quit.
Jonathan I see your SUBS are growing and you deserve every one of them!!!
Exactly. I don't know about other states but in Oregon it seems that they want you to fill out your initial disability application, then they say that they will draw your records for the past 12 months and that's all that they will need. And then you're supposed to just sit back and wait?
I didn't accept this my lawyer and SS office told me this.
I filled out a summary timeline because I've got 30 years of at least four or five of the overall conditions of Social Security. From three back injuries, two different kinds of arthritis, the mental issues that go with it including a past suicide attempt, which I wouldn't do now, and my medical records are extensive in pertinent information did I put together with 2in thick.
I mailed all of this to the determination because I don't have time to wait for 3 years. My work history is as you said, I work my ass off and I've even worked three jobs at a time seven days a week and it's the only place I ever got any social contact.in fact my conditions over time have distracted me so much that I don't have a social construct. And now I'm 54 if it wasn't for my two sons and then my two grandkids I wouldn't have anything else.
So don't just take their baseline word for what you need to do, put the information together and give it all to them. I wanted to overwhelm them with so much information right from the beginning that it would be insane not to realize what I have been through....
And now the Oregon determination office has diverted by whole case to a determination office in Kentucky Arkansas, so now I have to fill out all of their paperwork get my medical records back and send that whole pack to another office. They could have spared all of this waste time I taking a serious look at all of my info and it should have been cut and dry.
Yep it is a grueling and ridiculous system sometimes and I think we have all the lazy people and people who want to take advantage of the system to thank for that.
As always great information! When an ALJ looks at a client with a long consistent work history that has now become unable to work it goes a LONG way! There are too many folks trying to game the system and these judges know it and see it on a daily basis! A consistent and long work history with a solid earnings record establishes credibility and that is the key to getting the judge to see you are credible.... besides answering the questions honestly. Ongoing and consistent medical treatment and documentation of your condition are the other components of a sucessful case.... that and a good lawyer like yourself that prepares a pre hearing brief that makes the judge's job easy!
Yes but Ive read that some judges think you are just trying to retire earlier . Especially when you get in your late 50's and have had a long career. But physical jobs just get harder and harder as you age even with no or slight disability such as CHF or enlarged heart with low ef.
Great information. I have a MH evaluation tomorrow for SSD. I'm nervous.
Sir, I had a car accident on jan 6 2019. I suffered a concussion hitting my left side of head on my drivers side window. I was seeing a general physician regularly. Weekly. The 3rd visit she said I was well enough to go to work. I told her no. The lights are bright at my job. I can not take light. I am still sufferibg from light sensitivity. Migraines. Eye pain and fuzzy sight. She sent me back to work anyway. The month I hD left on my contract temp job was hell. I missed days. I suffered with severe pain from the lights. When I finished end of february, I collected 6 months of unemployment. I wauted 3 months hoping I was getting better and healing. The headaches got worse. I pushed the doctor for a neurologist. I then was prescribed migraine pain med to sleep at night. Med was origionally made for seizures. So I started physical therapy for my balance. COR therapy. The therapists said I need temp disability so I can get better. But now I was told I was supposed to not claim unemployment. But the genetal doctor that prematurely sent me back messed up my ability to claim temp disability. How do I fix this problem? Can I now claim temp disability even going back few weeks to work. Then unemployment 6 months? My concussion problems got progressively worse over time. I have post concussion syndrome. Thank you
Eva, there is no such thing as "temporary disability" under Social Security's rules. You must have a condition that prevents you from performing any job which has lasted at least 12 consecutive months. You may be eligible for short term disability benefits under a private policy but that is not a Social Security program. I can't comment about how collecting unemployment impacts short term disability since that will depend on the policy.
Great information thanks for Sharing Mr. Jonathan Ginsberg!!!!
I went to my hearing a few weeks ago. The VE said no jobs and I still was denied. So that no jobs doesn't mean anything.....
And also have a long work history in the automotive industry.
You are so true
This is an excellent video and very helpful. It answered several questions I has. Thank you very much!
Hello, I've been watching and learning from your videos for a couple months now. I've enjoyed learning about social security. I've recently applied and I'm only 38 years old. I suffer from PTSD and was diagnosed bipolar disorder. My work history is long. In the last 18 or so years, I've worked 6 jobs with long breaks in between due to my son being sick among other things. I've done a lot of research and I have prayed about my decision to even file for disability. I take notes and that helps me. I'm approaching 6 months since I filed and of course I don't have a decision yet. I don't have a lawyer either I want to wait to see if I get denied first. Anyway, your videos have helped me so much and I appreciate your content!
Love your videos. Thanks for all the great advice
I've worked the last 17 years until 2017 was fired work place safety concern and went to jail because my mental health schizophrenia physcotic and depression and anxiety but my question is im waiting for social security to make a decision if I'm denied and have to hire lawyer what's the chance I'll win with a lawyer and not get denied again
A lot of good stuff as usual !!!
Thanks!
Fantastic information Thank you ..my hearing is in a few weeks and this helps so much ..
Glad you found the videos useful.
good luck on your hearing...mine is also in a few weeks. I've been waiting since 2016
Can you cancel your ssdi application after deciding you no longer want to apply for benefits after already applying online and submitting the application to your local SSA office?
Another great video
I have a long work history I keep thinking of trying to go back to something easier I'll never be able to do my past work. But with all the meds 16 I do have side effects and the fluid pills are the worst 40mg morning and 40mg in afternoon keeps me busy.
Maybe eventually I could mop floors a few hours in the early morning. Just hoping to get to do something eventually. Thanks for all your time and knowledge
I did everything online myself.
At the time, 17yrs ago. I was told you have to be unemployed for at least 1yr before you can file a claim..
I was Granted the 1st time I applied, it took 2yrs but they reimbursed me $25k and $1700 a month since. $2k a month now tax free!
I take home more than my Dad's retirement, which he worked 45yrs with the same company..
Lately, you'll be extremely lucky to get SSI/DI. I had 1 friend that had cancer & 6 months to live, he was denied. Only to be approved the day he died. Another friend had a Brain Tumor, he was denied & fought with attorneys & still was denied. It's a 50/50 shot getting SSI/DI
You’re my attorney, Jonathan. I look forward to my hearing in May! These videos have me feeling well prepared.
Great advice. Thank You
My work history is I've worked at McDonald's and Olive garden and I don't know if I have the compatibility to work
Thank you Attorney Ginsberg. Excellent Video. However, I need a clarification. Your video seems to suggest that working a unsuccessful job or side gig may work in your favor. However, in past videos working was discouraged because the judge could use this information as a sign that you can at least do entry level work, and therefore deny your case. Would you be able to clarify please? Thank you
Richard, good question. An unsuccessful work attempt shows that you are trying to work but are unable to do so. By contrast an on-going, part time job can hurt you because it suggests that you have capacity to work and possibly for more hours than what you are doing. The key is to show that you are fighting the idea of pursuing disability but despite your best efforts you just don't have the capacity for full time work.
This video was helpful. Thank you.
I had a case worker at ss office tell me that if it shows i make over $1,400 a month even with breaks in between, that ss will most likely not approve me and will think i am able to work. Is this accurate? I have ptsd, spinal stenosis, bipolar, anxiety, sciatica, neuropathy, chronic migraine, and herniated discs
SGA in 2024 is $1,550. I used to tell people to avoid working since ongoing part time work muddies the water. SSA decision makers will ask - if you are earning $1,400 part time, why could you not work a few more hours and take it over SGA. This is still an issue but given the 2+ year delays in case processing more people have to work part time to survive. So we have to prove that the $1,400 (or whatever figure is applicable) represents this claimant's maximum capacity for work.
Excellent Video Information...
Thanks BAMA!
How far outside of Atlanta do you accept clients? I'm about 4 hours from Atlanta and feel like I have worked as long as I can. I'm nervous about everything to do with this and I don't know any good disability attorneys. Do you have any associates you would recommend in the Tupelo MS area, if that is too far for you.
I worked for a bank for 22 years and was diagnosed with COPD/Emphysema around 2005 My job was pretty much a desk job with little movement so I was able to conceal my disorder fairly well! However I relied on public trans. to get to and from work and it was that that started to become difficult having to walk the two blocks from the stop to work. I started to become depressed and ended up quitting my job! I haven't been able to look for work b/c of my illness I have a Doctor and have had all the tests so what are my chances of getting on disability??
Thank you Jonathan Ginsberg I like yo talk amen and amen 🙏🙏🙏
Thank you so much!
Amen and amen🙏🙏🙏
What happens to those who may not ever be able to work? Even applying for SSI you have to prove that you can't do Substantial Work.
Also, what is the percentage of Approval Rate for disability at the current time?
Jonathan can you hit on CDR and how you should fill out the short form.
I will add to my list of videos to do. This may be a good topic for a screen capture video.
Jonathan I have been working in my multiple fields through out my 24 years of work. I’ve been consistent and paid taxes and had many different employers and I was also self employed as an independent contractor. I’ve never been fired . Will this be an issue?
No. In fact, a long, consistent work history will help your case because it demonstrates that you are hardworking and motivated.
Thank you.
Thank u amen and amen
I have worked as a blackjack dealer since 2001 to 2023, I was diagnosed with tendinitis with an MRI and a few months ago I did a nerve conduction test I also have carpal tunnel so both tendonitis and carpal tunnel. I was in pain for over a yr now. I was on short term disability for a yr and now I have exhausted sdi. By the way I just turn 56 this month. I need to apply for permanent disability. Should I apply for it now on my own or do I hire a lawyer. Please help
Hi. Thanks. I'm 60 years old. Been working since age 15, and only one break on my SS work record . That was approx. one year off to go to x-ray school. I'm a hospital x-ray tech now and for the last 12 years. I want to pursue disability due to horrible painful diabetic peripheral neuropathy and the medication side effects. Also history of open heart sx. Problem / Question: 14 years ago I was a Banker. My banking position required special certification, which I did not keep up. If I file SSDI, will I be required to go back to work in the banking industry? I also have a BS degree in Finance. Any insights??? Thanks for your thoughtful consideration.
sociaL SECURITY WANTS TO LIMIT CLAIMANTS FROM DISABILITY CLAIMS PERIOD
Thanku Jonathon for your advice, hopefully i will put together my case to win
I dnt have any work history because of anxiety and ptsd in the last 14 years. Is that bad? How do I answer that so I can win my claim. I've been denied a few times idk y.
Hello Jonathan thank you for your great video clip. I have some question how am I contact you.?
👍👍👍👍👍👍👍 your videos are just a vast wealth of knowledge.
I'm glad I subscribed to your Channel, thanks again.
You are very welcome, Bill.
Work history is stumping me, the way the question is worded under section 6A. SSA is mandating that I as a payee file for SSDI for my grandson now age 27 whom has been on SSI since he was injured in a housefire at age 4. He has had maybe 6 P/T jobs none of which lasted 3-6 months. It asks list the jobs that you had had in the 15 years before you became unable to work because of your conditions. But then there is a box that says check here and go to section 7 if you did not work at all and so on. Then under the list of work history here is another box: I had only one job in the last 15 years blah blah. Answer the question or a box that says do not answer the question if you had more than one job since the date you became unable to work. My problem is he was 4 years old and had no jobs but worked periodically since then not before. His last 3-month job ended in Oct 2023. Do I put that date as the last day he was unable to work before he became unable to work? I am having a hard time with this ....They just did a medical review on him and stated his disability is continuing for SSI, but saying it is federally mandatory that people on SSI must apply for other programs when they have run out of insurance, (I do not know what that means) but he has 12 work credits and now saying he will need to go through another review.
I have a hearing in December. I have absolutely nothing right now and I dont know what to do? I am feeling like leaving life if I can. I am just not smart I think.
When does one work as unsuccessful work attempts? Is it during the time of a denial pending reconsideration or is this before applying for SSDI in general? I’m sorry, I’m confused
Not sure how this will work out. I had bc a very flexible employer, working PT taking days off if hurting. Laid off in 2020. Decided to raise my kids because day care was expensive and I knew my back would be an issue, it was getting worse. I needed to go back to
With, what back to sane customer service with over five 20 years, and couldn’t handle 45 minutes, so much pain. Either 4 hrs, tried again mixing sitting and standing in a primarily standing job, and did noGood. Excruciating pain. Tried a week later, just awful pain. I’ve been getting MRIs, seeing a pain clinic. I have arthritis, mild to moderate scoliosis, a thoracic condition (creates stabbing pains) . I’m 51.
?What about if you was force to go back work but then stop again working and have a pending case in a few months
Well, at 54..23 yr an ICU RN IN SAME HOSPITAL,thru vovid physical emotional mentally DRAINing as HELL.. stressed, understaffed--- 12 YEARS at same fancy hotel/restaurant before that..
And got 3 NO ..I M only mobile with walker, cant drrss.myself, need 3 hips, have bad OA, haven't worked 19 m, took care of ill bipolar unresponsive, crazy husband of 24 yr
Same home 22 years -now in foreclosure ..lost car,
Only child responsible for elderly parents.
Depressed, anxiety, cortisol thru roof
.all I do is cry.VAMT GET MRI OR CT approved WITH INSURANCE..
HELP
I had a fusion done 2018 never been the same got denied ssi
Fusion on what how are you
Happy New year John this is Jason
Great video. I sent in my appeal about 2 months ago and I recently got a letter on 9/3/19 saying I had 14 days to turn in a work history report and functional compacity report. I did a functional compacity report when I turned it my first application. In my appeal I turned in all the evidence showing that a meet a listing. TBH, I only remember 2 jobs from the past 15 years. Can I explain that in the additional information section? Also, is this normal? If I meet a listing in my appeal I summited, why are they asking for this information. And if I could only list 2 of my past jobs instead of all of my work history am I screwed? When I mail off the work history and functional report should I also add that I meet a listing with all evidence in the package?
Ashen did you get approved...?
Everything about the process seems contradictory, I'm worried about my hearing in a month.
I’ve asked you questions in the past and I appreciated the response I have another one for you. I won my case two years ago and on the paperwork they sent me they said within three years I am going to have a review just in case it doesn’t come out favorable for me do you take cases for CDR‘s from California? I do have money to pay attorney fees if needed.
Howard, I would most likely refer you to a California lawyer.
What about mild hip degeneration and bone spurs
I'm really disappointed ... I won my case ... but they don't give you your lump sum that is owed ... they give you a few thousand dollars every 6 months.
That is how SSI past due benefits are paid. There is no delay in payment for SSDI.
SSI was not even offered to me. I researched it and you better understand the difference because on SSD you can get an inheritance or have say ex: $50k in the bank and that's ok. On SSI you are considered poor and your state covers part of it as well as Federal and you have to report any money you come into above the allowable amount and I think the month you get that money they don't pay you (look it up.). I wasn't offered it so I'm appealing my SSD case today and if approved will get lump sum after attorney is paid directly first.
@Born Natural SSI and SSDI are two different programs and the rules on retro payments are quite different.
@Born Natural how long did it take?
@Born Natural did you fight on your own or did you lawyer up? Im waiting for hearing next month, filed back in 2017 online & denied, refiled 2018 with lawyer & now upcoming hearing AFTER 4 surgeries.
What if you dont have any work history?due to your disability
You’re amazing…you need a donation box
If one only worked one job that was considered SGA but hadn't SGA before and after that job how can one negate that to get CDB and DI on DLI? They told me listing level impairment prior to and during can reopen on error of face of evidence I hadn't found that standard before in poms hallex or SSRs. Have you heard that Mr. Ginsberg? And why for childhood impairments eg since birth they want you have filed essentially as a baby has to crawl outta hospital w medical records strapped to your back and get to the disability office to file? What kinda crazy standard is that lol this what my cdb denial said
I had a solid work history. I am 59 years old and I have worked very hard since I was 17. Worked as a nurse for 20 years, overtime hours every 2 weeks as a Hospice Oncology nurse. Had 2 doctors who wrote me letters for disability. I had a terrible judge, terrible. Lost my case, I had a great work ethic and history that showed many years consistant history. Then the last 3 years the hours went from 120 hours every 2 weeks down to 40 hours and down to the point where I just couldn't take the pain anymore. The judge still treated me terrible.
Patti, that is unfortunate. Sometimes, the question of whether you win or lose comes down to which judge is assigned. In any one hearing office you may have a judge who approves 70% of claims and the judge next door approves 17%. In my view that is a lottery, not justice.
@@ssdattorney The judge judge I had was brought in from Oklahoma because of the back log. His approval rating which I looked up was 25%. He did have the lowest approval rate of all that were in his group. I decided not to appeal because I didn't want to have the same judge again to look over my files. I live in cedar bluff Alabama and I am confused about something. Can I use a lawyer in a different town further away, or do I need to stay local? I also am wanting to do a report for some things that the judge said in my report, that I NEVER discussed with him, and that he continued to interrupt me, and bully me.
For example, I have a disc issue with my neck that causes my fingers to go numb and I kept dropping needles. It is in my dominant right hand. A doctor wanted me to have a metal rod put in my neck which I decided not to have done. The judge said. "So, you could have had this done, and had this problem fixed, but you didn't!! "WHY! I started to answer him, he cut me off and said, "well, have you ever considered just using your left hand and arm? Huh!!
I felt like saying the reason why I didn't have the surgery is because its dangerous and I would have had to quit working and I can't give injections with my left hand and I can't lift patients with one arm. I need to get a copy of the tape to give to qualify assurance, but they never answered their phone. Why do they allow judges so much power that they try to tell you to do things like change my seizure medicine? He had no right to make that statement or to.challenge what my Doctor put me on.
I think I was denied too because I stopped working Full time and they just think I can still work PT
However. the rules are you are approved if you can't sustain a FT job. I feel they think if you haven't worked full time and survived then despite your conditions you still can make it. Yet homeless people I see smoking cigs & do drugs have a stroke and get approved and many dodge high incomes so not to pay child support. I suggest you reapply and ask for another Judge. I would.
@@ssdattorney Exactly a lottery.
This is sad but true, the state that your case is filed in plays a big role in if you are approved or not as well.
Can you refer a NY Attorney?
I worked since 2015 as a nurse consitently at 3 jobs. On December 2019 i broke my ankle and was out for of work since then. during that 5 months i had surgery on February 2020 for my ankle. In march 2020 the cops caused me pain On my ankle pulled me out when i was not weight baring on my ankle and at the same time the cops seperated my shoulder / collar bone. .mri confirmed.. So i aplied since i havent worked since december 2019. I tired to work in june2020 an 8 hours job and couldnt so i switched to 1 hour a day and still couldnt . . The doctor put me on sertaline for depression becuase i cant works no more or do daily activities. And im on physical therpy becuase i have now left shoukder seperationg, lefr ankle pain, righ back pain .it frustrating do you think i will be able to get it aproved. There sending me for psych eval and consultative assessment..im nevous
I think that your long work history will help, as will the objective MRI and other evidence. It will also help if one or more of your treating physicians is willing to complete a functional capacity form that identifies specific work activity limitations.
@@ssdattorney i hope so i applied for disability and didnt qualify not even for pandemic and now im on ebt , it so embarassing to me, it brought real toll on me.
Judge also a car, 1969 GTO judge, not an adjective nor is it a verb its a muscle car.
I just learned something new - thanks for the info.
👏👏👏💪🏻😎🇺🇸👏👏👏
What if person never worked a day in there life
They could pursue SSI or in some cases disabled adult child benefits, or widow's benefits.
My daughter has autism, Asperger's and some retard. She's 29 years old. Never work. She doesn't have social skills and repeat movements and do the same routine every day. I applied for SSI for her, because at this moment I'm disabled, we don't have any income. No matter she's autistic she went to college because I don't want people make more bullying to her. So I go with her and do all the work, the test and everything with her. Proffesors said that I was the one graduated really. Maybe it was an error but I try to do the best for her. But sadly, because she has a degree (in music, cause she likes music) her case for SSI was denied three times. Now she have her hearing in two days but don't have a lawyer, I have to speak for her. I live in Houston about almost two years but we are from Puerto Rico and after hurricane Maria came here to live. What you suggest for my daughter case?
What does it mean when your judge lie and say you said things at a hearing you did not,and left out important test done to try and deny your disability,knowing it was recorded at hearing
deep freezer Try to get the Kopy of the recording for proof 💯Good luck with that❤️
Mine did something similar and lied about what the doctors said...
Olive garden would work me late at night and I've had issues working and my friends have been to busy to hangout and I've lost my job in 3 months I've gotten replaced at Olive garden and got fired at McDonald's
Too bad about your friends not being able to hang out dude. I'm so sure that will be enough to award you disability 😁
What ever you said is not truth in my case.
How so?