What does it take to win Social Security disability benefits? Join disability attorney Jonathan Ginsberg as he demystifies the disability approval process and offers proven tactics to help you win the benefits you deserve.
Why do some Social Security disability claims get approved within two to three months, whereas others are denied twice before you end up a year and a half later in front of a Social Security judge?More importantly, what can you do to improve your chances at an early approval?In this episode, I talk to Nashville disability attorney Pete Harris. Pete is a practicing Social Security disability lawyer but prior to opening his practice, Pete worked for over 20 years as a disability claims adjudicator for the Social Security Administration. Currently, in addition to his claimant's practice, Pete represents Social Security employees in negotiations with the Agency so he has unique insight into the inner workings at Social Security.Pete is very opinionated about how Social Security processes disability claims and he does not hold anything back, so buckle up and access this insider information that is available no place else.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
How can you improve your chances at winning Social Security disability benefits if you are struggling with a mental health condition like severe depression, anxiety, bi-polar disorder, PTSD or other issue that prevents you from working?In part 2 of my interview with Phoenix, Arizona attorney Jeffrey Herman, we dive deeper into questions about what evidence is the most compelling and how do address problems like self-medication with alcohol or drugs. We also talk about the non-verbal cues you need to send to the judge to position yourself as a reluctant but deserving disability claimant.Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor's Degree in English from Queens College in 2003 and he uses his command of the English language to draft persuasive briefs to help his clients win their Social Security Disability claim.Jeffrey has a lifelong exposure to the Social Security disability system. His father, Stephen Herman, is a retired attorney who practiced Social Security Disability law for over 30 years. Before he completed law school, Jeffrey worked in his father's practice where he learned the in's and out's of the SSD application and appeal process.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What are proven strategies you or a loved one can use to win a mental health disability claim?This is part one of a two part episode in which I interview Scottsdale, Arizona attorney Jeffrey Herman about how he approaches the challenges of representing deserving claimants who are struggling with mental health issues. In part one, Jeffrey and I go over the basics - what are the indicia of a winning mental health case, what evidence you need to win and what convinces judges that our client no longer has the capacity to reliably work. Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor's Degree in English from Queens College in 2003 and he uses his command of the English language to draft persuasive briefs to help his clients win their Social Security Disability claim. Jeffrey has a lifelong exposure to the Social Security disability system. His father, Stephen Herman, is a retired attorney who practiced Social Security Disability law for over 30 years. Before he completed law school, Jeffrey worked in his father's practice where he learned the in's and out's of the SSD application and appeal process. =============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Earlier this year I published part one of my interview with Cameron Connah, a former staff attorney with Social Security responsible for drafting approvals and denials to be released by Social Security judges.As a decision writer Cameron had the unique opportunity to listen to literally hundreds of hearing audio recordings and to interact with dozens of disability judges around the country.Not surprisingly, Cameron has some very definite opinions about what types of disability claims resonate with disability judges and how your lawyer's advocacy can affect your chances of winning.I hope that you find Cameron's insight about the Social Security disability decision making process as valuable as I do. =============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What should you expect from your lawyer during the long delays typical of most Social Security disability claims?As you may know, Social Security moves at a snail's pace when deciding claims - it is not at all unusual for a case to take two years or longer from start to finish.What is your lawyer doing during these long delays and how do you know that your lawyer is doing anything at all?In this episode I talk to Oklahoma based disability attorney Lisa McNair Palmer. Lisa has represented hundreds of disability clients before both the Social Security Administration and before the Veterans Administration, so she knows about backlogs, delays and bureaucratic inefficiency.But Lisa also has some very strong opinions about how lawyers should keep their clients in the loop and what you, as the client of a disability lawyer, should reasonably expect from your attorney. As all experienced disability lawyers know, your hearing is the last step in a long process of preparation, with most of the work done in the weeks and months before your hearing date.Now you will have a better understanding of what goes on behind the scenes and more knowledge about what should be happening in your case.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Would you be surprised to learn that the judge who hears your disability case is not the person who actually writes the approval or denial in your case?In the strange universe that is Social Security disability, a "decision writer" working in a cubicle hundreds of miles from the judge and weeks after your actual hearing will sit down with the exhibit file, the audio recording of your hearing and your judge's notes to actually write the decision in your case.Whether you win or lose is up to the judge but the words of the decision are often written by a young lawyer who, of course, was not actually in attendance at your hearing.In this episode, I speak with attorney Cameron Connah who is a former decision writer for Social Security. I know Cameron because he worked for me as a paralegal prior to attending law school and he graciously agreed to appear as a guest on this podcast to explain what he did as a decision writer.Because SSA uses decision writers, judges have less leeway to approve a case simply because they find you credible or because they believe you are deserving of benefits. If we know what a decision writer needs to draft a fully favorable decision, we can make sure to focus on that evidence as we prepare for hearings and in testimony.This is part one of my conversation with Cameron. The second half of this intriguing conversation will be released in a few weeks. Please let me know what you think.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
After waiting as long as two years or more for your hearing, you are finally scheduled to appear before a Social Security disability judge to present your case for disability benefits. Your hearing will last around 45 minutes so every minute counts.Should you assume that the judge has read through every page of your medical record? Will the judge be asking you to recall the dates you underwent certain diagnostic tests? Do you need to know the details behind the diagnoses you have been given?My guest in this episode is attorney Holly Booksh, an experienced Social Security disability attorney practicing in Johnson City, Tennessee. Holly has put a great deal of thought into how she prepares her clients for hearings and she shares her insight with us.As you will learn, Holly starts her hearing preparation as soon as she is retained. She knows what type of information that judges need to understand your impairments in terms of your work capacity, and she teaches her clients how to think about and express themselves clearly and accurately.Holly’s insight about hearing preparation has been helpful to me and you will benefit from her expertise as well.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
The one constant in the Social Security disability program is delay. You'll wait months for a decision after you apply, months for a decision on your appeal, and months for a hearing date. After your hearing, you may wait weeks or months for a decision and if you win, you may wait months before you are paid. Nothing is more frustrating knowing that you have won and money is coming your way, but there seem to be no rules about when SSA will release your money, and there is no one to call.Washington state attorney Maren Bam decided it was time to do something about this problem. Maren and business coach Rocco Luongo created a grass roots lobbying effort called DIB Deadline to pressure Congress to impose a 60 day deadline on Social Security to release retroactive payments to claimants who have been approved.As Maren and Rocco note on their website "our citizens should not have to choose between medicine and food. SSA should not be free to delay payment of benefits with no accountability to anyone."Learn how you can get involved to make your elected representatives accountable to you by ending the Social Security Administration's arbitrary payment delays. .=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
The federal government administers two huge disability programs - one for workers who can longer reliably perform a full time job (Social Security disability), and the second a program that pays cash benefits to soldiers injured while serving in the armed forces.You would think that the standards and procedures for obtaining disability benefits would be similar for these two programs...but you would be totally wrong.In this episode, I speak with attorney Jessica Friedman, owner of the Friedman Law firm in Birmingham, Alabama. Jessica and her firm handle both Social Security disability and VA benefits so she is able to educate us about how these programs are similar and how they are different.You can reach Jessica at 844-203-8680 if you would like to speak with her about VA disability benefits.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What are the trends that we are seeing in the Social Security disability world and what can you expect in 2020 and beyond.If you have an active application for benefits, or if you have already been approved but are concerned about a possible "continuing disability review" you need to educate yourself about the big picture as seen by a Social Security disability lawyer who interacts with SSA on a daily basis.A quick warning: Social Security continues to make it difficult to win SSDI benefits and they are becoming more aggressive in trying to terminate benefits for those already approved. But SSA has also let us know what types of evidence will be most helpful whether you are trying to recover benefits or trying to preserve what has already been awarded.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Even though Social Security disability hearings are considered "informal" you will no doubt be stressed when you appear before the administrative law judge. Judges are very busy - often understaffed and under pressure to close cases quickly.Experienced lawyers know that thorough and complete case preparation will make your judge's life easier and therefore make the entire process go smoothly.In this episode, I speak with attorney Lisa McNair Palmer, a disability lawyer from Oklahoma who explains how she prepares for "no drama" disability hearings. Lisa starts her case preparation with a specific goal in mind - that her client should walk out of the hearing office feeling satisfied that nothing was left on the table. All evidence that could have been submitted was in the record. Everything that needed to be said to the judge was part of the testimony.If you want to know how a seasoned lawyer prepares her cases, this episode is for you.For more information about Lisa, visit her LinkedIn page or her website.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
I get a lot of questions about Social Security disability hearings. Disability hearings are unlike other court proceedings you may be familiar with because there is no attorney on the other side representing the Social Security Administration and the judge in your case serves as both a finder of fact, and SSA's representative. Another bizarre element of SSD hearings involves the presence of a professional witness - someone you have never met - but whose testimony will determine whether you win or lose.This professional witness is called a vocational expert witness and in this episode of the podcast I explain who serves as a vocational expert (the "VE") and what they do.More importantly I will explain to you the steps you can take to influence the VE's testimony. The VE and the judge speak a kind of shorthand language - once you know what they are talking about, you and your lawyer can prepare your testimony to give the judge everything he or she needs to ask questions of the VE that will produce a response that the judge can use to approve your case.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
If you are 50 years old or older you have an advantage when applying for Social Security disability. In the last episode of this podcast I talked about the grid rules - a shortcut to winning for those over age 50. But not everyone fits into a grid rule, so what can you do?In this episode of the podcast I reveal other proven strategies for winning disability benefits if you are age 50 or older but do not fit into a grid rule. Perhaps you do not fit a grid rule because are highly educated or perhaps your impairment does not impact your physical capacity for work. Experienced disability attorneys know that clients over the age of 50 have an advantage and your testimony is more likely to be accepted as truthful and convincing than would be the case for a younger disability applicant. Learn how to make your age and work history work in your favor when you are seeking SSDI benefits.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Did you know that Social Security has a built in bias in favor of disability claimants over the age of 50? In addition to claiming disability based on SSA's listings, or presenting evidence of diminished capacity for work, the grid rules allow many claimants over 50 to win disability benefits even if they still have the ability to work full time.Social Security recognizes that entry level jobs for workers over 50 are difficult to find, especially those with a high school or less education and limited work skills.As I discuss in this episode, the grid rules (also called the "medical vocational guidelines") apply to claimants over age 50 with physical limitations. You also need a doctor to classify your physical capacity to sedentary, light or medium work.I look at the grid rules for every client I speak with who is over the age of 50 - you should do the same.Let me know what you think. What other advantages can disability claimants over the age of 50 use?Resources mentioned in this episode:Gridrules.net - my website that contains an easy to use version of the grid rules and examples of cases I have won using this argument.The Dictionary of Occupational Titles - searchable edition=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What makes your Social Security disability claim stand out from the 20 or 30 other cases that your judge hears during the week your hearing is scheduled. Every other person your judge hears from that week, that month and that year sincerely believes that he or she is disabled and deserving of disability benefits.Statistically, Social Security judges approve around 45% of cases they hear, which means that they turn down 55% (more than half). And some judges have a lower than average approval rate.So what can you do make your case stand out? Obviously, medical evidence is a big factor - if your medical record does not support a finding of disability you probably won't win. However, there are many cases where the medical evidence is solid, but not overwhelming.In these cases, the deciding factor can be your credibility and believability. In this podcast episode I give you an example of an average to below average case that would be much stronger if the claimant demonstrated by his actions that he was worthy of being believed and was not "invested" in the idea of being disabled.Let me know what you think? What other credibility enhancers or credibility killers can you think of. =============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Back pain is perhaps the most common ailment for adults in the United States, so it is no surprise that Social Security disability judges see more back pain claims than any other medical complaint.Because back pain cases are so common, yours must stand out if you hope to win. In this podcast episode I discuss what I consider to be the five elements of a winning back pain case based on over twenty-five years of representing deserving clients.If the evidence in your case and your testimony follows the profile I set out, you will be providing the Social Security administrative law judge the information he/she expects to see in a strong back pain case. =============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What type of evidence does a Social Security disability judge need to approve your claim?Social Security defines disability in terms of how your medical problems impact your capacity for work. But your judge won't approve your claim unless your file contains compelling evidence supporting your claim.In this episode, I discuss the strongest evidence you can have in a disability claim. I also explain what you can do if the "best" evidence simply does not exist in your claim. You can still win, but you have to think outside the box and give the judge both medical and non-medical evidence and compelling testimony so that you will receive what every disability claimant wants - a fully favorable decision.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What are the common mistakes that you need to avoid when filing your Social Security disability claim and appealing a denial. What do you need to watch out for at your disability hearing?In this episode, I interview Chicago Social Security disability lawyer Jonathan Pearson. Jonathan lives and works in Chicago, where he represents disability claimants in Chicago, Evanston, Lake Forest, Orland Park, Schaumburg, and Downers Grove. He represents claimants at all stages of the disability application process and he shares his extensive knowledge about disability law on his website and blog.In our conversation Jonathan and I discuss some of the common problems that derail even the most deserving SSDI and SSI claims. You greatly improve your chances at winning disability benefits if you speak Social Security's language and you understand that every word you write or speak in pursuit of disability benefits is important.As Jonathan notes in our discussion you should never assume SSA understands what you are trying to say unless you offer a detailed explanation. I hope you enjoy hearing from Jonathan Pearson as much as I did and invite you to rate this podcast and let me know what you think and what you would like from future episodes.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well? Do you have any remaining options?My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court. As we will discover, federal court judges are looking for significant errors of law or analysis by the trial judge and the Appeals Council. Only a small percentage of cases will be successful at the federal court level - so an attorney like Karl who focuses on Appeals Council and federal court work is so valuable.Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council or federal court appeal is likely to be successful. I hope that this episode helps you understand more about SSA's post hearing appeals process.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What happens if you lose at your hearing? What are your options?Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520. How do you know which way to proceed?My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court. As you will learn, the Appeals Council is not concerned about whether or not you are disabled - the task of the Appeals Council is to determine whether the hearing judge made a mistake of law or fact.Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council appeal is likely to be successful. I learned a great deal about how the Appeals Council works and about the types of issues in unfavorable hearing decisions that are likely to support a remand or reversal.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay.In this episode I discuss seven types of activities that you should avoid while you wait for your court date.While disability judges don’t expect you to sit at home and stare at the wall for three years, they will be suspicious if you testify that you engage in certain activities.For example, one of the activities that can raise a red flag for your judge would be testimony that you “help take care of” an elderly relative or friend. In your mind, you may see this task as simply sitting with an older person solely to provide companionship.In the judge’s mind, however, your role as a sitter requires regular attendance, focus and attention, physical strength (if you have to help the older person move around), food preparation skills, communication skills and overall reliability. If you are not able to explain why your companionship role is substantially different than a caretaker job, the judge may conclude that you have the capacity for simple, entry-level work. This is especially true if you are getting paid, or receiving room and board or food for your efforts.You can avoid problems explaining your activities at your hearing if you understand how your judge might view what you are doing, and if you practice testifying with enough detail so that the judge will conclude that you do not have the capacity for any type of work.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
How do you know if you are sick or injured enough to win Social Security disability benefits?While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now.If your impairment is physical or involves a damaged body part or system, Social Security disability judges want to see objective evidence of your problem. Ideally, this takes the form of an MRI or CT scan, an ultrasound, a pulmonary function test, blood test or any other medical test that confirms a specific diagnosis. This is why pain conditions like CRPS or fibromyalgia have become so difficult to win.Judges also look for a long and consistent medical treatment record, and support from your doctor - ideally a specialist - the form of a functional capacity evaluation or narrative report.My experience has also been that a long and consistent work history goes a long way to establish your credibility, and judge expect your treatment to follow a familiar path.Mental health cases are more difficult because there is no way (usually) to objectively document their existence. There are, for example, no MRI tests to gauge the severity of your depression, anxiety or PTSD.Further, my experience has been that judges may discount the opinion evidence of a psychologist who appears to accept your complaints without challenge - often judges will rely on the opinion of a psychologist who evaluates you on a one time basis during a Social Security consultative evaluation.And finally, what constitutes a severe enough mental health condition to disable you from all work can vary widely among judges.You may find the demands of Social Security judges in both medical and mental health claims to be wildly unfair but this is the current environment and the more you know about what is demanded, the better you and your lawyer can prepare.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
How does the Social Security Administration decide your case? As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies. Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing."In this podcast I will walk you through the timeline of an average case and point out when you have the best chances at winning.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
What is the difference between SSDI and SSI? As I discuss in this episode, SSDI stands for Social Security Disability Insurance. It is an insurance program and the payroll taxes you paid while you were working are the premiums.You earn insurance "credits" based on your gross earnings. In 2018, you earn one credit for every $1,320 of gross earnings. You can earn a maximum of four credits in a calendar year, so once you have earned $5,280, you will have all four possible credits.The earnings requirements for previous years are slightly lower and the earnings requirements for 2019 and beyond will be higher.It does not matter when during the the year that you earn your credits - if you earned $5,280 during the first week of January in 2018 you would be covered for the full year.One thing to keep in mind, however - SSDI requires that you earn 20 credits during the 40 quarters ending the year before you become disabled. This is called the "5 out of 10" rule because it roughly translates into 5 years of earnings during the 10 years prior to the year you became disabled.Example: if you worked full time (and earned $25,000 per year) from 2006 through 2015, you would have earned 40 credits. Since you only need 20 credits you are "fully insured." This also means that your insurance coverage will follow you for about 5 years after you stop working. In our example, if you stopped working in 2015, you would be insured for SSDI until some point in 2020.SSI stands for Supplemental Security Income and is a welfare program for those who don't have enough earnings to qualify for SSI. You don't need any credits but because SSI is a welfare program, your benefit is capped. In 2018, the most you can receive from SSI is $750 per month. By contrast, SSDI pays you based on your earnings record and most claimants are paid between $1,200 and $2,400 per month.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled. In the last episode, I explained how SSA defines the term "disabled." In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition.The three arguments you can use are:Do you meet a listing? Learn more about this argument at my website MeetaListing.comDo you fit within a "grid rule?" Learn more about the grid rules at my website Gridrules.netDoes the medical and non-medical evidence in your file prove that your capacity to function at work has been so reduced that you would not be a reliable employee at even the easiest, entry-level job. This is called the "functional capacity argument."=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd
How does Social Security define the term "disability?" Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death.What does this mean? In this episode, I unpack this definition so that you know what you have to prove. And if you know what SSA needs, you can make sure that every form you fill out and every statement you make addresses this threshold question - do you meet SSA's definition of disability?Get a Free & Confidential Case Evaluation Now. Visit www.ssdAnswers.com/Contact and fill out the short form - I'll let you know what I think.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability AttorneyWebsite: https://www.ssdAnswers.comFacebook: https://www.facebook.com/GinsbergLaw/Telephone: 800-890-2262https://bit.ly/Contact-Jonathan-2================================================PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***https://www.youtube.com/subscription_center?add_user=ginsbergssd