Talkative Judge Reveals What She Needs to Approve a Disability Case

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  • Опубліковано 25 кві 2019
  • Recently I tried a disability case in front of a judge who was unusually transparent about what she was thinking and what her concerns were. At the time I made this video I did not have the judge’s decision but it has since been issued and my client was granted benefits in a fully favorable decision.
    In this video I walk you through the judge’s approach - both the factors that helped our cause and the concerns the judge had that could have resulted in a denial.
    I also want to emphasize that my client helped herself greatly in that she was able to offer compelling and believable responses to the judge’s concerns. For example, the judge noted that my client had a long and consistent history working full time but at a point about 3 years ago, she began working part time. My client was able to explain what happened and why her part time work was the maximum that she could do until she reached the point where she could not work at all.
    The judge also made it clear to my client and me that she needed medical records to justify a favorable decision and put the burden on my client to explain why the record was not as complete as it could be and why she had lost the capacity for full time work.
    I think that in this case my client and I did a good job preparing for this hearing and my client was able to use very effective testimony to convince the judge that despite some gaps in treatment, the full story did show that she would not be a reliable employee at any type of job. #socialsecuritydisabilityhearing #howtowindisabilitybenfits #ssdi
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    ==============================================
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    SSDI or SSI case, please contact me at
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    ===============================================
    =================CONTACT ME========================
    Jonathan Ginsberg
    Social Security Disability Attorney
    Website: www.ssdAnswers.com
    Facebook: / ginsberglaw
    Telephone: 800-890-2262
    bit.ly/Contact-Jonathan
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КОМЕНТАРІ • 155

  • @twistof-faith1170
    @twistof-faith1170 3 роки тому +30

    If they are successful in cutting the SSDI recipients. This directly throws people into poverty and homelessness. . Home foreclosures and more. Sad and scary..

  • @maneets2413
    @maneets2413 5 років тому +56

    I just want to thank you for your videos i was awarded ssdi AND im only 37 i was 35 but your videos helped alot. The judge asked how i was doing everyday with 3 small children and how my daily life was with them and i broke down in tears because it is soo hard which led to my wife crying my attorney crying his arbitrator or whoever she was crying and a witness and eventhough my attorney said we had one of the hardest judges he told me to take my time all i needed and NOT all judges are harsh!!! BUT I just wanted to let you know you dont have to make these videos but you do and GOD BLESS YOU AND YOURS!!!!

  • @chrisbee5355
    @chrisbee5355 3 роки тому +15

    I believe after listening to this entire video, she won her case cuz she was capable of PAYING in for 15 years PERIOD! Deemed WORTHY!!! How backwards is THAT?? I am so FED up!!

  • @transforming2013
    @transforming2013 3 роки тому +22

    Translation: Judges from rich backgrounds shielded from working class poverty making decisions for the working class dealing with the vagrancies of poverty🙄

  • @KenHuffar
    @KenHuffar 5 років тому +39

    Jonathan,
    I am going through the prosses to obtain disability. Your videos are a wealth of information with GREAT content. Thank you for your time on this subject as you have eased my mind in several ways.
    Sincerely,
    Ken

    • @ssdattorney
      @ssdattorney  5 років тому +3

      Ken, you are very welcome.

  • @auntiel.6238
    @auntiel.6238 4 роки тому +20

    Hello Sir, [My case was fully approved recently]. I would like to thank you so very much for the information that you provide on this channel. Knowing all about the legal environment and verbal exchange and evidence that was mandatory for a favorable outcome was everything to me. Sir because of you and your team I was able to express clearly to my doctors on each visit what the state of my medical condition and pain levels were and I did not slip into my normal habit of saying I'm fine while talking to my doctors because it's true ......that they record what you say [not] what you meant to say. Having communicated with my doctors correctly, they invited me to file for disability and stated that they would support me by completing the legal work capacity forms on my behalf and they did just that. Sir, I specifically picked this video to comment on because I had a very similar situation while at my hearing. Sir, the hearing judge asked me the very same question verbatim, she asked me " Why I thought that I couldn't work" I explained my health concerns briefly but concisely mentioning the specific [body part] and the unfortunate debilitating disfunction of that body part. I told her about my surgical procedures that I had that simply didn't fix the problem, but instead exacerbated my issues. This information coupled with my corroborating MRI, X-rays and CT Scan both images would have been enough however, these notes existed but weren't all available on the day of my hearing. However, the judge was made aware of this information collection issue prior to my hearing. Having said that the Judge told me what she needed in order to approved my case without question. I was extremely happy because quite frankly I was concerned about my legal counsel on this day because I only met her for the first time 30 minutes prior to my hearing despite my repeated requests to meet sooner so that I could practice my testimony. In fact their was no opening statement at all made by my counsel which was way less then you would do for your client sir so I was worried at that point. However, my lawyer did professionally add to the hypothetical that the judge initiated and narrowed down to a small window of jobs, so when my counsel spoke she was able to close the window as it were, so much so that the vocational expert indicated that no jobs would be available in that scenario. At that point I felt represented but prior that I felt like the judge was my attorney. I was very fortunate. My long work history helped a bunch as well and the fact that my last boss wrote a certified letter on my behalf indicating that even though I was knowledgable about what needed to be done and about the software language i.e network systems and many other applications, I unfortunately couldn't execute the functions because of my extreme constant hand pains and necessary breaks that ultimately ended in a regrettable dismissal. Sir, please write or contact me if you ever need a living testimony in regards to how I was directly favorably affected by the information that you provided on this {your} UA-cam channel.. PS. Sir if ever I have to come up for review I'd like you to represent me for my case..........Please consider it even though I'm located in Brooklyn, New York. This note was spoken but manually corrected so please excuse any errors that you find.

    • @ssdattorney
      @ssdattorney  4 роки тому +9

      Thanks for the kind words and congrats on your favorable decision!

  • @LouMontana-wc7nr
    @LouMontana-wc7nr 5 років тому +12

    Jonathan, thank you for the valuable information. It took nearly three years to win my case and your information helped me greatly.
    My case of a TBI injury seemed nearly impossible. Here is what I have learned the hard way:
    1. If your doctor tells you that they don't like lawyers and lawsuits, stop them immediately and ask for a refund of the visit. Working with a doctor with that attitude will only hurt your case.
    2. Ask for a copy of the doctor's report every visit and READ IT! Ask for corrections to be made if necessary. I stayed with the doctor who hated lawsuits and lawyers and she wrote nothing in my favor and only mentioned my headaches and ears ringing once. I had seventeen visits in a year and a half and she never once wrote down anything relating my visits to the car accident. Another doctor's assistant wrote down the complete opposite of everything I told them. I am not joking and then the doctor lectured me when I asked that the report be corrected.
    3. Don't give up! There are doctors who want to help you.
    4. Do not mention your case on social media or post any physical activities you are involved in after your accident. They will be looking!
    5. Try not to talk excessively about your case or accident. This is a hard thing not to do because it does consume your life. No one cares and most people will think you are only trying to scam the system.
    6. Be prepared to go broke. Sell whatever you do not need or cannot afford to make payments on. I had four motorcycles and a Corvette, all gone!
    7. Doctors, doctors, and more doctors. You need as many doctors as you can get. With my TBI, I had three, yes three, neuropsychologists doctors and three reports. You have to find the very best people to help you.
    8. When dealing with the Social Security office, take nothing personally. I have one lady in that office that just knows I am pulling a scam and treats me like crap. I would love to shove my "FULLY FAVORABLE" letter in her face but I will not.
    9. Everyone is watching you. I learned as a former police officer that your neighbors know much more about you than you can imagine. There are those who will turn you in for suspicion of fraud.
    10, When you win, keep it to yourself! It only makes people mad to hear how much you get paid for being at home.
    Thank you for your videos and hard work Jonathan Gensburg. You helped me through some very dark times.
    LOU

    • @cfoster6804
      @cfoster6804 5 років тому +3

      You are so right about number 10!

    • @ssdattorney
      @ssdattorney  5 років тому +2

      Lou, you make very solid points. Thanks.

    • @greggsannes493
      @greggsannes493 5 років тому +1

      Are there any Chicago area lawyers that you would recommend for Social Security disability thanks

    • @LouMontana-wc7nr
      @LouMontana-wc7nr 5 років тому

      Gregg Sannes, I am sorry but I reside in Colorado. Best of luck.

    • @LouMontana-wc7nr
      @LouMontana-wc7nr 5 років тому +1

      @@cfoster6804, One of my closest friends had a real hard time when I told him how much I get. Not sure whey but he was shocked.

  • @pwhales264
    @pwhales264 5 років тому +24

    My SSDI case was approved at the application Level, I'm glad that I didn't have to go before a judge.

  • @loricord4
    @loricord4 5 років тому +19

    Attorney Ginsberg, I wish you could be my attorney.

    • @evette45evette21
      @evette45evette21 4 роки тому +1

      Now this is what I don’t like he replied to everyone except you smmfh 🤦‍♀️

  • @storedemi5855
    @storedemi5855 3 роки тому +4

    I have worked as a nurse since 1994 and have had nervous breakdowns , major depressive disorder, anxiety with panic attacks, started having memory issues , chronic pain which I am going to pain management, have peripherallly neuorathy which goes down both my arms and both my legs It makes it difficult to perform my daily activities, my emotions are erratic, difficult to stand , bend and lift, I have to urinate frequently. I had panic attacks in nursing school and throughout. I have basically “ worked myself , to death”. My job has become very stressful, trying to float me to other units in the hospital, I come home and my legs and feet are “ extremely red” I need help. It is hard to focus and remember what tasks I need to complete during work, due to becoming overwhelmed and crying at work due to the stress and neuropathy I have.

  • @AquariusStar
    @AquariusStar 5 років тому +7

    Wow Johnathan you're amazing! So thankful for your channel

    • @ssdattorney
      @ssdattorney  5 років тому +2

      You are very welcome and thanks for watching.

  • @robertslagle2208
    @robertslagle2208 3 роки тому +7

    If you sir, would do a video, where you are going over pre-trial questions with another person, would be great. Your videos have helped me a lot. Thank you

  • @sallystearns1919
    @sallystearns1919 4 роки тому +6

    you are doing a really good thing for people here 😊

  • @Tommy-gj9kn
    @Tommy-gj9kn 5 років тому +16

    Wow ,wish all judges were like that.my case is in appeal right now , been a long four years for me .😊

  • @bamamoondog9039
    @bamamoondog9039 5 років тому +5

    Very valuable information for people considering applying for disability. Excellent Video !

    • @ssdattorney
      @ssdattorney  5 років тому +2

      Thanks Bama - much appreciated.

  • @larryadler6035
    @larryadler6035 5 років тому +5

    Thank you for these videos. They are very helpful in regards to readying myself for the process. I hope I'm at least in the middle of the process. It's been over a year since filed

    • @ssdattorney
      @ssdattorney  5 років тому +2

      My pleasure Larry - thanks for watching and taking the time to comment.

  • @leighmercer9393
    @leighmercer9393 4 роки тому +7

    Thank you for this video. I have an upcoming disability hearing coming up and I was nervous as heck. This was a great breakdown and it helped to ease my mind.

    • @ssdattorney
      @ssdattorney  4 роки тому +2

      Just keep the big picture in mind - this is about your work capacity and reliability.

  • @shanasiahaupt4597
    @shanasiahaupt4597 4 роки тому +2

    This video was very helpful. Thank you.

  • @codyyoung4236
    @codyyoung4236 4 роки тому +5

    My wife will apply for her disability soon. She has anxiety, a very bad back and mental issues. She's worked as much as she could many yrs. She's had numerous doct visits , surgeries and hospital stays. Hopefully this works out.

  • @bertt2504
    @bertt2504 6 місяців тому

    I love your videos! Thank you for the great information.

  • @WritingFighter
    @WritingFighter 5 років тому +3

    I feel like the only person in the US who met a mental health listing for disability at my hearing.

  • @kristysokoloski9089
    @kristysokoloski9089 5 років тому +17

    I hope when this Judge retires that she writes a book.

    • @ssdattorney
      @ssdattorney  5 років тому +6

      It would be interesting to hear about the SSD process from the point of view of a judge.

    • @kristysokoloski9089
      @kristysokoloski9089 5 років тому +4

      @@ssdattorney I agree.
      I know there is one book out there written by a former Judge but can't think of their name right now or the date of Publication other than it has been within the last 10 years. I do know there are tons of books out on the subject of Applying for Disability.

    • @bocahomerealty
      @bocahomerealty 3 роки тому +2

      @@kristysokoloski9089 Is this the book you are referencing? Navigating the Social Security Disability Maze: Written Exclusively for Disability Applicants Kindle Edition
      by Judge Ronald A. Marks (Author)

  • @Barbarajhere
    @Barbarajhere 5 років тому +2

    Yes he is great at what he does...Case recently remanded back to the same hearing judge that denied case a year and a half ago.......2nd hearing date set for mid summer..So very fed up...

  • @cfoster6804
    @cfoster6804 5 років тому +4

    Wow! Thank you so much for passing this information along to us.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      You are very welcome. Thanks for watching.

  • @susanpowell3234
    @susanpowell3234 3 роки тому +1

    This was very helpful

  • @billthompson5644
    @billthompson5644 5 років тому +4

    Outstanding video, very concise to a wide variety of very essential points.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      Thank you Bill - much appreciated.

  • @marcellacutsforth5265
    @marcellacutsforth5265 5 років тому +4

    I just had a judge like that. My court went very smoothly.
    Said he was looking back to 2013 for back pay. As I requested.
    Also the other person on the phone that talked about what jobs I can do. And he said none.

  • @dalenemarie
    @dalenemarie 8 місяців тому +1

    I’m dealing with doctors that don’t write everything down that I tell them, in regards to limitations. They only put down what they want. I had to stop working one day, because I couldn’t walk due to the arthritis in my foot and ankle. I needed crutches! They didn’t put that in the record. One thing I suggest is to call your doctors on it. Look at your medical records if you’re able to, and make sure they are documenting it!! Do not trust your doctor to do it.

    • @ssdattorney
      @ssdattorney  8 місяців тому +1

      I would send a letter or write an email to your doctor setting out these limitations - that will make it into your record.

  • @jessieh8002
    @jessieh8002 5 років тому +7

    Hello Mr Ginsberg, I had my hearing today, and I think it went well. My lawyer advised me that I have 600 pages in medical records. I asked him if this was a large amount, and he advised me YES. Is this a “good thing” to have EVERYTHING documented as I do? Thank you so very much for all your videos, advise, and your time. Thank you in advance.

  • @user-op3ls3jd8j
    @user-op3ls3jd8j 5 років тому +1

    👍🏼👍🏼👍🏼THANK YOU SO MUCH

  • @Cooper3312000
    @Cooper3312000 5 років тому +3

    I have been diagnosed with Parkinson and been over three years in total, 120 days since hearing waiting on decision. I’m so scared will be homeless soon at 32 with symptoms getting worse.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      I can't think of a Parkinson's case that I have lost so even though you are young, if your symptoms are significant you should be approved.

    • @Cooper3312000
      @Cooper3312000 5 років тому +1

      Thank you for your response! I sure hope I win my movement has become unbearable and causing crevical dystonia so my neck is twisted and damaging nerve roots in spine causing legs, arms, hands, and feet numbness. Holding on for the deep brain stimulant surgery until I get insurance. Thanks again and best wishes to everyone going through this disabilities battle. Get a good lawyer, I went to a big box firm that doesn't really care it seems.
      @@ssdattorney

  • @PrettyPressha_
    @PrettyPressha_ 9 місяців тому

    I'm diagnosed with
    Bipolar 1 w Schizophrenia
    Diabetes type 2
    Juvenile Rheumatoid Arthritis
    I've been denied about 3-4 times. Fed up ! I finally seeked a Lawyer . Its been getting ready to be 2 years now the lawyer i have doesnt get PAID until she wins my case. She LOST last year. Appealed it immediately, And now im getting ready to go before the Law Judge. My Psychiatrist wrote a letter to help out i hope it holds weight and helps me out in court. Not working for 2 years is really starting to drain me. And take a toll Mentally on me.

  • @apaulatauiliili7025
    @apaulatauiliili7025 23 дні тому

    If the person dont have insurance thats a big issue for the patient, because it doesn't show a consistency of medical visits..Make sure people you have a solid insurance so it pays for treatments, and more doctors visits..
    And dont change your pcp try to stick with one for up to 12 months..
    And if its more than one impairments thats good, just make sure its consistent with all the visits and medications given any mental treatments..
    Im new trying to file for disability
    But not yet because first we need to line up all evidences and make sure its a worth a good fight,

  • @felixm.6703
    @felixm.6703 5 років тому +9

    Thank you for always bringing very useful advice on the disability subjects,my hearing was on 04/04/19 and just checking on my status online with social security i got this message:"A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you or your appointed representative directly if we need any additional documents or information ",what can i expect from this?good or bad? Thanks

    • @rickyharvey4835
      @rickyharvey4835 5 років тому +2

      Good !!!!

    • @ninedaysjane2466
      @ninedaysjane2466 5 років тому +3

      It just means a decision has been made. If you have a lawyer, ask him or her to check. You can also call DDS (not ODAR) & they'll tell you. Expect a letter within the next week, if not a few days.

    • @tjhost1092
      @tjhost1092 5 років тому +1

      Same here

  • @alexdinero8284
    @alexdinero8284 7 місяців тому

    Liked and subscribed. Social Security Disability Case video

  • @alexdinero8284
    @alexdinero8284 7 місяців тому +1

    thinking about trying for ss disability. What US government document (social security policy is that correct word?) can I show any doctor that they must for free do what a social security disability judge tasks them to do? What course in medical school teaches them how to guess the limitations of of patient in imaginary entry job?

  • @joeh1687
    @joeh1687 5 років тому +1

    Mr. Ginsberg, I am worried that my attorney is not trying to win my case at reconsideration. They seem to have the attitude that there is no chance to win at reconsideration, and are just preparing for the hearing in two years. My case should be a slam dunk, I am 56 with congestive heart failure and should meet the grid rule. I told my attorney this but I worry that they want to put the case off as long as possible so they can get more money.... does this happen??

  • @chrisbee5355
    @chrisbee5355 3 роки тому +4

    I can't believe I am still alive.

  • @ninedaysjane2466
    @ninedaysjane2466 5 років тому +4

    It's disheartening that my testimony means so little. What's the point of a hearing? Do you expect people who suffer from severe mental illness to sit there like robots & provide concise, unemotional responses? I went in feeling low from lack of sleep & an IBS attack. Some of the judge's questions elicited very strong emotions. I cried. I rambled. She asked rapid-fire questions & frequently cut me off. I did recognize & get through some trick questions. My witness & I both described my deterioration. I made sure she knew how useless I feel. She asked the VE one hypothetical. The words "light & sedentary" were mentioned along with 25% off task. He came back with no jobs. That was it. I apologized for having such poor records, but the judge looked surprised & said they were fine. I was surprised b/c my Legal Aid rep told me the opposite. She was pretty much useless, though.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      Testimony usually serves to help the judge evaluate credibility. Occasionally, like in the case I talk about in this video, it can make a real difference.

  • @soniaramini2723
    @soniaramini2723 5 років тому +4

    Thank you for all the great videos! I have a question, I am 52 and have worked 7.5 years for the last 15 years, should I be able to get SSDI (not SSI). Thanks,

    • @ssdattorney
      @ssdattorney  5 років тому +1

      You need to find out from SSA what your "date last insured" for SSDi benefits is.

  • @SLBVeteran
    @SLBVeteran 5 років тому +9

    Mental health cases are the toughest to win in SSA and/or VA claims. On my claims I focused on physical impairments hence won my SSA back in 2006 and my VA claims later on. Even tho I am rated 30% PTSD that was not enough to win any claim hence why the physical conditions made the difference here.

    • @shannonwilliams752
      @shannonwilliams752 5 років тому +4

      Yes in 2019 they are even harder because nearly everyone takes anti depressants.

    • @cfoster6804
      @cfoster6804 5 років тому +2

      @@shannonwilliams752 True

  • @fabianstonepsn6866
    @fabianstonepsn6866 5 років тому +2

    What do I do to have my doctor do my consultative exam

  • @diamondmartinitm8895
    @diamondmartinitm8895 3 роки тому +2

    Does the same things work for school? I had straight As and 100% attendance but went down to straight fs and no attendance after a traumatic event and attempted suicide

  • @crazyburkey3677
    @crazyburkey3677 6 місяців тому

    I've been doing the same job since 2003,(20 years) and I fell just before Halloween, dislocating my arm from my collar bone, and injuring my hip, now I can't climb up into a truck cab any more, I'm doubting I'm going to be able to continue.

  • @souleyes3613
    @souleyes3613 4 роки тому +1

    I had my hearing, after questioning me she asked the votech person about jobs votech said yes but when judge asked about my condition the votech said no to all 3 questions the judge asked, Do you think I’ll get approved?

  • @Luvsp4c3
    @Luvsp4c3 3 роки тому +1

    mr.ginsberg my hearing is in four months if I make it that far without seeing a ssa doctor does that mean my medical file is good and somewhat strong 🙃

  • @SherryRB
    @SherryRB 5 років тому +2

    Hi Mr Ginberg. I have a question. I had my hearing in Nov . The judge sent my file to a medical expert which said I met listing 1.04 of the spine. My doctor records were very detailed and three consistent years of records and basically both Dr agreed . I have many other condition but this being the worst. My question is can someone be denied if the social security Dr gave a specific listing I met. The letter writer have the decision to be written now. I just wanting to see your opinion on this. Do you know how long it's takes the letter writers. Thank you for any feedback on your experiences.
    PS My first file to SS Dr mixed another person with mine so they had to resend to a different ss Dr which has made the wait longer.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      Generally speaking if the ME says that you meet a listing, you will be approved.

    • @SherryRB
      @SherryRB 5 років тому +1

      @@ssdattorney Thank you so much. How long approximately does it take letter writers and the benefits? I'm guessing it will still be some waiting

  • @billyboyproductions6225
    @billyboyproductions6225 4 роки тому +3

    How do you represent a client nationwide? Will you or someone from your firm travel for a court hearing? If so, will the expenses be part of the percentage you take as payment for the case? Thank you

    • @ssdattorney
      @ssdattorney  4 роки тому +4

      Right now all hearings are being done by phone so travel is not an issue. If and when hearings go live again, I either travel or I refer to a good friend who operates a firm that travels when I can't.

  • @lorieswenson2968
    @lorieswenson2968 3 роки тому +2

    So how much different is a phone conference to a video call? Other than they can physically see you on video conference. What do you need to be ready for a phone conference then?

    • @ssdattorney
      @ssdattorney  3 роки тому +1

      I don't know that a video conference offers any advantage over a phone hearing.

  • @beckieavery6047
    @beckieavery6047 5 років тому +2

    My case is being held june 10.2019...I'm worried about my memory during the hearing....I have hd 4 strokes and my memory is terrible...my doctor refused to do functional capacity test...I'm very worried I wont be able to answer questions correctly. Any advise?

    • @ssdattorney
      @ssdattorney  5 років тому +5

      Hopefully your medical record is clear enough that you don't need the FCE forms. If I had a case like yours I would write a very thorough pre-hearing brief. I would also point out in an opening statement that your inability to remember arises from your strokes and I might have a witness come to court to testify about your issues.

  • @dudleydorite7678
    @dudleydorite7678 5 років тому +4

    Very helpful as always. When and how do you find out who your judge is going to be? Will it be on ss web page or by mail?

    • @ninedaysjane2466
      @ninedaysjane2466 5 років тому +1

      They'll send you a letter with the date & location of your hearing, along with a description of what happens in the hearing. IIRC, it was at the very end of the letter. I don't think it appears online.

    • @cfoster6804
      @cfoster6804 5 років тому +2

      They send a letter in the mail. It will tell you the name of your judge along with date, time, and place.

  • @notyourbusiness4803
    @notyourbusiness4803 5 років тому +1

    I have a hearing may 9 2019 . Failed back syndrome,major depression psoriasis 70% of my body including scalp and face..psoriatic arthritis. Taking 15mg of methotrexate, weekly. I medically retired as a correctional officer after 20years because I could no longer physically wear the equipment and do the job affectively. I loved my job because I made 87,000.00 yearly and had no issues with inmates because I was fair and consistent. Fortunately I collect a 40% yearly pension. Which is 2,370.00 a month after my xwife gets her 400.00 a month till I die for 3.5 years of marriage. I hope my 20 years matters to the judge and I hope the ALJ doesn’t assume because I collect a pension that I shouldn’t need more money for my disability. I know 2 people collecting ssdi for bipolar disorder and one of those uses his 1300.00 a month to fund his crack habit. The other person is legit and cannot focus enough to work. Hopefully the judge will approve my case. I will let you all know. Good luck and thank you again mr Ginsberg for your advice! I’ve learned a lot!

    • @ssdattorney
      @ssdattorney  5 років тому +2

      Chuck, I have had very good results with failed back cases and with your work history I think you have a strong argument for disability. By the way, the fact that you have other sources of (unearned) income will have no bearing on whether or not you are approved for SSDI.

  • @alvideos2145
    @alvideos2145 5 років тому +3

    But HOW do you get medical records that address work limitations? The doctor has to put down in the medical record "this particular problem will make it hard for my patient to work" which means you have to ASK the doctor to do this for you. The whole process is M R.

    • @alvideos2145
      @alvideos2145 5 років тому +1

      @Born Natural My last functional capacity test was useless.... yes i can pull, and push, and walk. But he didn't take into consideration my actual disability, and it worked against me.

  • @jayb9687
    @jayb9687 5 років тому +5

    The consultative examinations are a joke. Literally.

    • @ssdattorney
      @ssdattorney  5 років тому +3

      My experience has been that the physical CEs are often useless. SSA frequently uses "industrial clinic" doctors or workers' comp IME doctors who rarely find anything wrong, or who make no comment about functional capacity. The mental health consultatives, however, are often helpful as the psychologists on the panel are also in private practice and they rarely have any sort of bias.

    • @reyrios4516
      @reyrios4516 4 роки тому +1

      @@ssdattorney Hello Mr. Ginsberg, I had my hearing today and the judge ordered me to see the doctor's you just mentioned for a second time.. do you know why he might have done this?

  • @Barbarajhere
    @Barbarajhere 5 років тому +1

    Really enjoy your wealth of knowledge, thank you for sharing!.
    I have a comment & question please. Appealed my SSI/SSD claim/via Atty. Case remanded back to Judge a few months ago. Second REMAND Hearing in 60 days, additional medical records submitted. Re: NEUROPATHY & HEIGHTEN HERNIATED DISK...Case is shy of FOUR years old as of Sept 2019...****MY QUESTION PLEASE*****Applied for a CIVIL SERVICE JOB. In 2016, number reached as a potential candidate. Informational / qualification session fast approaching, position might start if chosen before the 2nd *Remand Hearing date* At a lost, financially tapped, the whole nine....Been dealing with this since 2015....The Neuropathy pain will be an issue with this desk job if hired, but.at my wits end.....Please advise...TIA

    • @ssdattorney
      @ssdattorney  5 років тому +1

      If you end up taking a job, you could change your case to a request for a closed period of disability as opposed to on-going disability. Sometimes closed period cases can be a little easier to win since (a) the judge knows that he/she will not be obligating the disability trust fund for decades and (b) by returning to work you are showing your motivation is to work rather than to collect disability.

    • @Barbarajhere
      @Barbarajhere 5 років тому +1

      @@ssdattorney/ But can I inquire to my ATTY about the CLOSED PERIOD CASE STATUS you mentioned. Even though my case is up for the remand hearing within 60 days? Please & TIA

  • @Jen6374
    @Jen6374 5 років тому +1

    I worked 28 years at same job I have Dysphonia so I cant talk anymore

    • @ssdattorney
      @ssdattorney  5 років тому +1

      It would seem to me that you meet listing 2.09 - www.ssa.gov/disability/professionals/bluebook/2.00-SpecialSensesandSpeech-Adult.htm#2_09

  • @evette45evette21
    @evette45evette21 4 роки тому +1

    👏🏽👏🏽👏🏽

  • @chrisbee5355
    @chrisbee5355 3 роки тому +1

    What about Trauma? RIGHT BEFORE HEARING???

  • @WritingFighter
    @WritingFighter 5 років тому +1

    *Did you win?*

  • @tattedshygirl7439
    @tattedshygirl7439 4 роки тому +1

    Have laws changed since you released these videos

  • @clynn3461
    @clynn3461 4 роки тому +4

    Would something like this backfire on me? Let's say I write a letter explaining in detail, the issues that I face trying to do certain activities and why I can no longer perform work due to XYZ, wouldn't that make me look like I am "capable of an entry-level position" being that I can speak up for myself, type the letter and present it in a fashion that speaks their language? I want them to hear from me, but not if it hurts my case.

  • @sharonamberbennett4725
    @sharonamberbennett4725 10 місяців тому

    What if you've tried for years to work and kept having failed attempts? It seems kind of unfair. I've tried my whole life to hold onto jobs but I never could.

  • @loachapoka07
    @loachapoka07 5 років тому +2

    Had a hearing back in December 2018. My file was moved from ODAR back to local field office. I called to check and they said even though the judge sent it to them, no decision has been made yet. The VE stated I couldn't return to previous work and there were only 2 jobs I could do, medical records and the specialist they sent me to showed my vision is lost. Think I'm being denied again?

    • @loachapoka07
      @loachapoka07 5 років тому +1

      @Born Natural good luck to you!! Hopefully they'll give you a favorable decision

  • @msblaquecherry
    @msblaquecherry 5 років тому +3

    What are the odds of being approved at the oho level before it goes to alj? In the initial letter explaining the alj process,it states they will review your case once more to see if they could approve it before scheduling a hearing. How often does that actually happen in your experience?

  • @JohnDoe-jq1mi
    @JohnDoe-jq1mi 4 роки тому +1

    What if you have a strong work history but never earned much

  • @joerankin5064
    @joerankin5064 5 років тому +5

    Do they look up your Facebook for evidence?

    • @bs1820
      @bs1820 5 років тому +1

      Joe rankin I’d imagine they do.

    • @MsPhillyG
      @MsPhillyG 5 років тому +1

      They ask you are you on social media and if so which ones so they are checking those sites.

    • @ninedaysjane2466
      @ninedaysjane2466 5 років тому +2

      The ALJ didn't ask me, but I'm pretty sure I wrote about it in my function report. I've heard about this being more of an issue at CDRs. Lock down your profile. Oh, and they *will* ask you about stuff that's on your function report, so make sure you go over it before your hearing. They're looking for consistency.

    • @ninedaysjane2466
      @ninedaysjane2466 5 років тому +1

      @@MsPhillyG I've been through two ALJ hearings. Neither asked. This could be b/c I mentioned doing nothing but sitting on the computer in my function reports.

  • @satibeth2509
    @satibeth2509 5 років тому +3

    Could you explain what it means to be credible vs not credible and what behaviors and/or evidence is used to determine if you are or are not credible? Is physical appearance, speech, demeanor etc a factor?

    • @ssdattorney
      @ssdattorney  5 років тому +2

      Take a look here: ua-cam.com/video/Nsm_92Bqnl0/v-deo.html

  • @kathleendegrado6246
    @kathleendegrado6246 5 років тому +2

    My hearing date was set for 5-15-2019 and I went online, mysocialsecurity account today and the date is no longer showing and is back to a processing a date status, what does this mean??

    • @ssdattorney
      @ssdattorney  5 років тому +1

      It means that your electronic file has been sent to a decision writer.

  • @gracie100404
    @gracie100404 5 років тому +3

    I have been diagnosed with a very rare autoimmune disease called Microscopic Polyangiitis. Only 13 out of a million people are diagnosed with condition. My question is since it is a rare condition will the deciding parties have enough knowledge to make a credible determination? Will they research?

    • @faceshredder2576
      @faceshredder2576 5 років тому +1

      It doesn’t matter if the illness is in the social security listing impairments or not. It boils down how that illness affects your ability to work and how it affects your ability to do daily activities. If you don’t have supporting EVIDENCE from a treating specialist and don’t have frequent medical appointments good luck. You’ll have a hard time being accepted.

    • @ssdattorney
      @ssdattorney  5 років тому +1

      Amanda, I have won a number of "rare disease" cases. In these cases I prepare a pre-hearing brief where I explain what the disease is and I will supply links to medical literature to make the judge's preparation easier.

  • @susanthacker3339
    @susanthacker3339 4 роки тому +1

    Johnathan both my husband and I have applied for SSDI. I have acute asthma, arthritis in one knee and carpal tunnel in my wrist. I am 58 years old and my doctor has recommended that I do this. Do you think that I have a chance of getting this?

  • @jsteinert45
    @jsteinert45 5 років тому

    Ate u licensed to practice in Missouri?

  • @TOOTALL21519
    @TOOTALL21519 5 років тому +1

    My case is in quality review. Does that mean that I was approved?, now they want to make sure that things were done right? I have retinitis Pigmentosa, bi_polar depression. Vision less than 20 degrees of field of vision. Do you have any experience with this? Thank you kindly

    • @ssdattorney
      @ssdattorney  5 років тому +1

      QR just means that someone at SSA's quality control office is reviewing the decision to confirm that the judge's reasoning is correct. I am thinking that the judge most likely approved but your case was pulled either as part of a random QR analysis or because of SSA's concerns about the judge assigned to your case. I don't see a lot of vision cases as most claims arising from vision issues are approved early on under a listing argument. But I can certainly see how a RP combined with bipolar would make it impossible to be a reliable employee.

    • @TOOTALL21519
      @TOOTALL21519 5 років тому +1

      @@ssdattorney Thank you so much for your timely and helpful response. I am at the initial stage of my disability claim. I am guessing it got approved on a listing level impairment, and now I'm hoping they do not reverse the decision, or deny me. God bless you Sir

  • @evelectricvehicle6919
    @evelectricvehicle6919 5 років тому +1

    I had my ssi hearing April 25 2019. I have severe sleep apnea and depression and anxiety with mild learning disability with mild to severe back problem with 3 mri. The judge ask me why do i think I’m disabled I said lack of concentration, focus, the medicine make me tried and drowsy. She then began to ask me about my past jobs and then she ask the vocational expert can I do my past jobs he said no she said can he do any job he begin to say let me think let me think let me think he can work at a parking lot collecting tickets. The judge ask me do I got any questions. I then said yes, I ask the vocational expert How can I work in the Park parking lot if I have sleep apena and I fall asleep off and on He then said no jobs available. The judge then ask me to write down the meds I take and and all the doctors I’m currently seeing. This is the short version. I just want to know what you think about my case. Sorry if there any type o

    • @jrenoch1796
      @jrenoch1796 4 роки тому +1

      So what was the outcome was u approved,what state are you in

  • @annetteburchfield1067
    @annetteburchfield1067 12 днів тому

  • @williamcarlisle5772
    @williamcarlisle5772 4 роки тому

    DID I GET A APPROVED?

  • @crystaldiamond7283
    @crystaldiamond7283 4 роки тому +1

    Thank you for the video.

  • @crystaldiamond7283
    @crystaldiamond7283 4 роки тому +1

    2:30. Thank you. This is good advice.🦄🐩

  • @crystaldiamond7283
    @crystaldiamond7283 4 роки тому +1

    1:00. Yes that sounds like my situation.😄🤨😥😣

  • @crystaldiamond7283
    @crystaldiamond7283 4 роки тому +1

    4:00. I have a lot of proof in the medical records. I have been going to the therapist for more than two years. I also take the xxx dose of Prozac every day. I am also getting a psychiatric evaluation later in the month .