The Dr. says you have a winning SS Disability case. But do you?!

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Social Security Disability videos

Social Security Disability videos

Жыл бұрын

Social Security will most likely send you out for a "consultative medical evaluation" with one of their doctors during the course of your case. They do this because the law requires SSA to develop your record.
Consultative exams may be with medical doctors for physical medicine issues, or they may be with psychologists for mental health claims. In a small percentage of cases, SSA may send you to a medical specialist. #socialsecuritydisability
Sometimes, I hear back from my client that the Social Security doctor offered a comment about my client's case. Many times, the comment is something like "it looks like you have a strong case and should be approved." In other cases the doctor may offer a negative assessment.
I tell my clients not to give much weight to what the consultative doctor says about their case - either positive or negative. Consultative doctors are not lawyers and they don't necessarily understand how SSA defines disability. A severe medical condition may not translate into unacceptable work dependability problems.
These doctors most likely have not looked at the full record and even if they see your symptoms as more severe than other patients they have examined, the CE doctor almost certainly is not aware of the final resolution of other cases.
Obviously it is a positive if the CE doctor recognizes the seriousness of your case but his/her report will be one part of a much larger file.
Further, if the CE doctor barely gives you the time of day and dismisses your complaints that doesn't mean much either. In fact, I encourage my clients to write down what happened at the CE appointment.
Often, for example, physical CE appointments are scheduled with industrial clinic doctors who make their living examining patients at the request of insurance companies who expect to see reports that minimize the severity of symptoms.
We have the right at a hearing to point out any bias that exists in these industrial clinic doctors and ask the judge to give those reports little weight.
Your claims file may consist of 800, 900, 1000 or more pages and the CE report may be 6 or 7 pages. Your lawyer is in a much better position to offer a reasoned analysis about the strengths and weaknesses of your case.
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============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
bit.ly/Contact-Jonathan
====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: ssdAnswers.com
Facebook: / ginsberglaw
Telephone: 800-890-2262
bit.ly/Contact-Jonathan
====================================================
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Пікірлер: 77
@teresastinson9828
@teresastinson9828 Жыл бұрын
Mr. ginsburg, your videos are amazing!! I followed your advice to the letter, and have thankfully been approved for ssdi. thank you for changing my life for the better.
@ssdattorney
@ssdattorney Жыл бұрын
_Teresa thank you for taking the time to comment. You made my day!_
@definitelydaphne777
@definitelydaphne777 Жыл бұрын
Mr Ginsberg Thank You for directing me to Desert Disability in Scottsdale Arizona. I received news today that I am approved. Attorney Jeffrey Herman and his team are professional and polite. Thanks Again Mr Ginsberg for posting your videos on UTube . Grateful for your help and time. 🙏 D. Saville
@ssdattorney
@ssdattorney Жыл бұрын
_Great to hear. Jeffrey and his staff do very good work._
@maleficentmistressofevil28
@maleficentmistressofevil28 Жыл бұрын
@@ssdattorneythank you as well for recommending me Mr. Joseph in Michigan !😀👍❤
@mb3214
@mb3214 Жыл бұрын
Congratulations on your "The Dr. Says You Have A Winning Social Security Case. But Do You?! " inspirational thanks for sharing. DSS have got Doctors review reports, 6 weeks for decision 18/05/23. Daily Living 13 & Mobility 10. ☺
@Fouroclocklover38
@Fouroclocklover38 Жыл бұрын
Excellent Video. Unfortunately, there are people who get mad when Social Security Denies them Disability also says they have no Right to Deny them Disability. They go on to say Social Security absolutely needs to Approve them because their Treating Physician says they are Disabled and can't Work. They refuse to Understand that's not how it Works because the Claimant has to meet SSA's Criteria to an exact T. They get mad when I tell them this. Please Address the Aspect of the Role of Treating Physicians in this Process as well.
@ssdattorney
@ssdattorney Жыл бұрын
_Kristy, very good points. I will add to my list of videos to do._
@stugilkison9117
@stugilkison9117 Жыл бұрын
Nice to hear your voice during a hearing. Glad the tech issues were figured out. Be well!
@ssdattorney
@ssdattorney Жыл бұрын
_Thanks Stu. I appreciate your comments on my videos._
@brandonmudd-fn4yb
@brandonmudd-fn4yb Жыл бұрын
Off topic I got denied 2 times and then waited for hearing with the judge. I did my hearing over a phone. My question I been wanting to ask you is this, while waiting for my decision in the mail but instead got a letter saying they want another hearing day so I had to wait another 5 months for my second hearing. Would you know why I got pushed down for another 5 months and now I have a new hearing on phone on
@brandonmudd-fn4yb
@brandonmudd-fn4yb Жыл бұрын
Why 2 hearings ????
@jacksycz
@jacksycz Жыл бұрын
Do you have an attorney or advocate?
@ssdattorney
@ssdattorney Жыл бұрын
This happens sometimes and there is no definitive reason why. It may be that the recording equipment at hearing #1 failed. Or it could be that the judge just wants more info.
@dcscuzz
@dcscuzz Жыл бұрын
I definitely got pushed back 4 months because of equipment or something. It’s a shame that I know I’m not getn nothing. I’ve done everything I could possible do
@dcscuzz
@dcscuzz Жыл бұрын
I hope your hearing went well and you we’re blessed. I definitely got pushed back 4 months because of equipment or something. It’s a shame that I know I’m not getn nothing. I’ve done everything I could possible
@Upaymybills
@Upaymybills Жыл бұрын
Thank you for your insistence I not give up & referral, yes we won, I had a strong case full of evidence, just needed a good law firm, thank you again. Freedman law firm represented. My time to appeal was close to ticking away SSD was disastrous with my first law firm. Praise Jesus Christ directed me to you and you stayed with me.
@ssdattorney
@ssdattorney Жыл бұрын
_Very happy to hear you got a favorable decision. Thanks for letting me know._
@MateriaMystic
@MateriaMystic Жыл бұрын
Hello Mr. Ginsberg. I have watched your videos for the past few years. They've been very informative. I've come to a point where I'd like to ask for some opinions with my case. I had my ALJ hearing 2 months ago. This is my second attempt overall trying to get disability approved. My first time seemed to have went well. I had a free advocate at the time who worked with people that had mental health issues. I have severe depression and anxiety. I also had an abundance of other health issues going back 10 or more years submitted. I ended up losing my hearing. My understanding is the judge didn't find me credible because I didn't take a sample med because my specialist said i could increase my nerve med and it'd still be cheaper. I was devastated. So, now heading towards age 40, I have gotten to the end once more, but this time with a well-reviewed lawyer firm. I suffer from gout, ibs/gerd, barrett's esophagus, fibromyalgia, CMT disease, neuropathy, arthritis, tinnitus, frequent headaches and migraines, obesity, diabetes, depression & anxiety, panic attacks, insomnia, limited mobility from foot surgeries, multiple PE's of the lungs, and more. I only spoke to my lawyer once before my hearing and once with his assistant. Pretty much tested to see if used key phrases like, "actually" or "to tell you the truth." I didn't do that. So I was told I'll do okay. I personally don't think so. I completely messed things up. I became as nervous as I knew I'd be. I forgot time-stamps and the distance I travel to get things done. I said I did chores, but I did limit it to only three: trash, dishes, laundry. Trash was a small bag I put outside my door each week. Cleaned only my own dishes, which I said only one or two max. My laundry was the same mostly in the whole week and simply dragged them to the machine to clean. I only go to the grocery store and to doctors. I only carry items under 10 pounds. I use a cane always. I said I couldn't do my old job without certain restrictions like not being able to climb ladders and taking breaks whenever I needed. I was asked if I had neck problems. I said yes. It was worse to move up and down. The two big ones I feel I messed up on where the questions about my symptoms from meds. I remembered being tired from ambien and stomach bloating and burning from stomach meds. I said that was it. I blanked. I was missing brain fog, mood swings, body aches, etc. My biggest offender when asked what I can't do anymore I said is not being able to concentrate for long and can't play video games anymore. While true, that was a golden opportunity to say so many other things, such as i can't cook over a stove, mow the lawn, etc. When it came to the vocational expert, jobs were found for me for 3 hypotheticals. However, the lawyer asked the VE if there are any jobs I can do with frequent breaks that would still allow me to make gainful pay. The VE said no jobs to this. End of hearing. I talked to my attorney assistant afterward and he told me the lawyer had let him know my case went well and mine had a good chance of being won. The assistant said what matters is the number of symptoms. I have plenty apparently. I do have a record account of over 1600 pages in my file for evidence. I was confused. I explained to him the issues I felt I had, but he insisted I said the right things and was a good witness. I was told to trust my lawyer as he has had plenty of experience and the judge I had was one of them. So, I don't have a decision yet, but does any of this sound like I'll win? I'll be out of work credits SSDI this year, so if I don't win I'll be out of luck there. I read it's a good sign if lawyer has a positive outlook and I got the "no jobs" reply at the end. I just don't see how I'd win though. I didn't explain how long I was in stores, how far my front door was or the laundry room. I didn't mention I couldn't concentrate counting money or bending and stooping. Not being able to sit or stand for certain amount of time. Stuff like that as well. I'm really depressed and worried. My insomnia has gotten worse and I'm not sleeping well. All I have to hold on to is my lawyer said it went well. How much hope do I have to cling onto with that statement? Thank you for any replies.
@dcscuzz
@dcscuzz Жыл бұрын
Sup y’all! Had my hearing yesterday. I went well in my head. I have a migraine case and I live in Pittsburgh. It’s just so happens today I look up some of my ALJ similar to cases like mine, and he acted pleasant. But those cases are so similar and got denied.😅starting at 1pm today I already figure the worst.
@timmolina9569
@timmolina9569 Жыл бұрын
Thank you
@ssdattorney
@ssdattorney Жыл бұрын
_You are very welcome._
@outfishu4863
@outfishu4863 Жыл бұрын
I had my consultative examiner's opinion overruled by another Dr at DDS and since I wasn't regularly seeing a mental professional it was removed from my RFC which made it easier for the VE to find jobs and for the ALJ to deny my claim.
@ssdattorney
@ssdattorney Жыл бұрын
_Yes it is very frustrating when SSA uses the opinion of a non-examining doctor over one who actually saw you. This is how SSA works , unfortunately._
@nvdawahyaify
@nvdawahyaify Жыл бұрын
Hi mister ginsberg, I have a question. Does whether or not any of your past work was SGA have any impact on a claim? Because I looked up the yearly SGA amounts and none of my past work qualified. Would that be a factor that is worth noting to the alj? Thank you for your videos. You have helped me not freak out so much about my upcoming hearing.
@josepho1997
@josepho1997 Жыл бұрын
Get a job.
@ssdattorney
@ssdattorney Жыл бұрын
_If you work was not SGA, the judge will not consider to be "past relevant work." This means that any skills you might have picked up at these jobs won't be considered in a transferable skills analysis (which can help you meet a grid rule)._
@marshaking2802
@marshaking2802 Жыл бұрын
Should I submit the letters from Compensation & Pension exams from VA of my disabilities, HR & Judge stated that I can go back and do my old job (veterans service rep) that I was disabled from I am appealing their denied decision and I did not like having my hearing over the phone where you can’t see me also 1 examination was 5-mins and she never touched me for range of motion
@ssdattorney
@ssdattorney Жыл бұрын
_Marsha, I would submit any and all relevant evidence. Re the 5 minute exam you can ask the judge to give it little or no weight because of its brevity._
@PaulPaul-rz2wi
@PaulPaul-rz2wi Жыл бұрын
What is special review cadre Jonathan? Please tell me what do they do? Actually I know they conduct hearings, but do they conduct also disability hearings ?what do they do? Please tell me exactly.
@ssdattorney
@ssdattorney Жыл бұрын
_They review suspected fraud cases. If you Google the term you can find out more._
@x_warhog_x8701
@x_warhog_x8701 Жыл бұрын
Yeah just had my medical CE and he saw me for a total of maybe 7 -8 mins ask me about my back did resistance on my arms and legs and had me squeeze his fingers and that was is it and it was over was with the nurse longer getting my height weight and medicine list.....
@ssdattorney
@ssdattorney Жыл бұрын
_Yes, my experience has also been that physical medicine CEs are often a total waste of time. I would write down notes about exactly what happened and let your attorney know. If the report is not helpful to your case your attorney can ask the judge to disregard it._
@sukiglass9776
@sukiglass9776 Жыл бұрын
I was wondering if you could please provide insight on what happens in a SSI redetermination? What does one need to know? Does ssa ask for medical paperwork? Or do they send you to a doctor? Just wondering. I want to be prepared.... Thank you so much for your videos!
@ssdattorney
@ssdattorney Жыл бұрын
_SSA may send you a long form or a short form. The long form asks about recent medical treatment, work attempts and any possible change in your condition._
@sukiglass9776
@sukiglass9776 Жыл бұрын
Thank you so much! :D@@ssdattorney
@Starbeoghtuser3475
@Starbeoghtuser3475 Жыл бұрын
Hi. I’m 59. Worked over 35 years w2. I’m very I’ll. Had disabilities lawyer. He sent me my file and I saw they never responded to disability never returned forms from disability never contacted me for any updates. I’m devastated I have no idea what to do. I am no longer mentally or physically able to help with with my claim. Please help. Denied two times
@ssdattorney
@ssdattorney Жыл бұрын
_Is the lawyer still representing you or did he/she withdraw?_
@kerrygarrett3755
@kerrygarrett3755 Жыл бұрын
Im 56 i have avascular necrosis in both hips and lumbar radiculopathy radiculitis cervical i have my first hip replacement next month how good is my case thank you
@ssdattorney
@ssdattorney Жыл бұрын
Based on what you write I think you have a very strong case.
@georgesmith4534
@georgesmith4534 Жыл бұрын
I need you to help me with my case. I have long covid
@kenyaclark4346
@kenyaclark4346 Жыл бұрын
Hi Mr. Ginsberg, I was approved for disability but denied for my monthly payments due to their income threshold. What do you think that I should do?
@ssdattorney
@ssdattorney Жыл бұрын
_Were you approved for SSDI or SSI?_
@lanettebennis8216
@lanettebennis8216 Жыл бұрын
Can I keep my part time job while I wait for my disability hearing?, otherwise I will have zero income, or is there any other option for this?
@ssdattorney
@ssdattorney Жыл бұрын
_Lanette, this is an issue that is more and more relevant as SSD claim processing delays get longer and longer. In my experience if your earnings are well below SGA (SGA is $1,470 in 2023) you shouldn't have a huge problem. $1,000 or $1,100 per month gross is what I tell my clients. However you will be asked to explain why you could not earn at or above SGA level and you will need opinion evidence from your doctor that your "less than SGA" part time efforts reflect your maximum capacity._
@donson37
@donson37 Жыл бұрын
Osd is june 2019 .appy 3 tmes denied 3 times for disability then appoved on the 4th try .what application date will ssi use?
@ssdattorney
@ssdattorney Жыл бұрын
_Most likely the date of the most recent application._
@oneman8649
@oneman8649 Жыл бұрын
I have a status update. It’s say ssa is conducting a non-med review after my hearing is this a good sign I’ll be approved?
@ssdattorney
@ssdattorney Жыл бұрын
_My thought is they wouldn't bother with a non-medical review is you were going to be denied._
@sccraigs3522
@sccraigs3522 Жыл бұрын
Is Mr Ginsburg in Las Vegas ?
@ssdattorney
@ssdattorney Жыл бұрын
_No. I am in Atlanta but because hearings are held by phone and video I can represent clients in all 50 states. I have been to Vegas a few times but I don't gamble so it's not really the place for me._
@sccraigs3522
@sccraigs3522 Жыл бұрын
@@ssdattorney it's possible to access you ? My ce was Saturday. I'm hoping not to need an attorney but if I do I would love to use you . I have serious stenosis high level and other levels and partial paralysis of upper quadrant. I'm hoping this grids me out cause I'm 50 and did hair over 30 years . positive spurling bilateral. Wish me luck
@Laprimamateria
@Laprimamateria Жыл бұрын
That’s if they even speak with your doctor. Some just have u sign releases to manipulate the case. Especially if you can’t get a lawyer. They tell you to contact legal aid bc it’s free, but legal aid gets paid either way. There is no loyalty nor can they be forced to represent anyone. N2M if legal aid can’t help one get a lawyer why would anyone in their right mind take advice from anyone who could potentially sabotage their case… Sometimes a winning case is found unfavorable for other reasons such as stereotypical ideologies of ppl from certain areas or judging one off on their appearance or way of speaking. If ur asked u to assist in finding representation and u send the person on a wild goose chase, everyone is on the same page bc the person ends up having to represent themselves with a speech problem. Now let’s say; the ALJ sees but can’t comprehend bc he did not do the research or purposefully omitted information and decides bc of how u look you are a fraud and mocks u in hearings, lies on paper about the type of hearing had whether telephone or video and has other participants who remain unseen while attending the hearings who know nothing of the job they just have “book smarts” no on the job anything. Or doctors paid for by them who are going to say what they want. Smh follow the money that’s where the loyalties reside.
@damienethelbah289
@damienethelbah289 Жыл бұрын
Do you have one was stroke or tia thank you sir
@ssdattorney
@ssdattorney Жыл бұрын
_I don't understand your question._
@Window549
@Window549 Жыл бұрын
How can a person qualify for social security benefits even if they haven’t worked for ten years, but did make their 40 quarters?
@ssdattorney
@ssdattorney Жыл бұрын
_You have to have enough credits as of your onset date. For example, I am looking at a case now where the onset date was in 2012. This person hasn't worked in 10+ years but if we can prove that he was disabled as of 2012, he would win SSDI since his date last insured for SSDI is in 2015._
@johngonzalez49999
@johngonzalez49999 Жыл бұрын
I need an attorney for these dumb Pensacola doctors 60 days for appeal bout a week ago....I just wAnt to be well....no money.
@denisejackson53
@denisejackson53 Жыл бұрын
Mr.Ginsberg I just got a unfavorable notice from Social Security administration alj, do you think i need to try to go the next step are start a new application, My health conditions then took a whole u-turn over the year's, Now how do they think a 52 yr going to survive! when I am seeing a doctor at a clinic, they have did MIRs on me back to back about 7 or 8 that i can remember n the last time in 2021 Dr. George Lucky sent me for MRI's they show that my conditions that i have severe....how will i be able to go back to job when i can't stand up no more than 5 to 10 minutes or sit for no longer then 10 to 15 minutes with severe pain..not to mention with bladder issues haven't to go the restroom every 5 minutes...my whole body feels like it want just shut down from my head to my feet 🐾😭😭😭😭
@denisejackson53
@denisejackson53 Жыл бұрын
The sad part about it that i didn't have real lawyer representative me, I had Premier disability...They are the worse!! the lawyer call me two days before my phone hearing just to introduce himself and said don't mess this up you have good case but wasn't helpful at all on my hearing date! but get this my hearing only lasted 15 to 18 minutes
@ssdattorney
@ssdattorney Жыл бұрын
_If you are still in the 60 day appeal period I would have an appellate specialist look over the unfavorable to see if you have an argument for a remand. Email me if you need some names - Appeals Council work is very different than ALJ hearing work._
@eddieburgett9678
@eddieburgett9678 Жыл бұрын
I didn't get much out of there doctor all he was worried about was COVID my condition condition has nothing to do with it both doctors never even touched me
@ssdattorney
@ssdattorney Жыл бұрын
_If the CE exam was that brief and non-comprehensive you should let the judge know and ask him/her to give the doc's opinion very little weight._
@eddieburgett9678
@eddieburgett9678 Жыл бұрын
@@ssdattorney thanks for replying.eddie good day to you
@LACAJUN420
@LACAJUN420 Жыл бұрын
See that's the problem same issue as if I was to get my prescription refilled and the pharmacy tech says they're not going to refill all of it only part versus what the doctor the actual doctor says I need and he sees me day-in-and-day-out how can a disability judge Deem somebody not disabled when they see a doctor day in and day out and the doctor is telling you hey look man you can't be doing this activity you're hurt too bad you're not physically able to do it someone with an actual medical degree and went to college I was inclined to believe the doctor more than I would some flyby judge that is most likely given a quota each year of how many cases he is she is allowed to approve but unfortunately that seems to be how they get you I had stage 2 cancer and was an accident with 18-wheeler accident back in 2017 I'm still having a hard time being able to work I got numerous doctors telling me I'm disabled but due to my age seems to be a whole different issue I got medical professionals telling me one thing but the second Social Security Disability hears about my age it's a whole nother story it's pretty much like fraud if you ask me I'll take it even a step further we got the report back from when disability sent me to go see their doctor and their own doctors deemed me disabled but still denied me due to my age
@bwink23
@bwink23 Жыл бұрын
I won a case that was remanded from Federal Court back to SSA, with an attorney...i understand the attorney gets up to 25% of backpay if approved. My backpay spans 5.5 years, but i was with this attorney only 2.5 years. Does the attorney get 25% of backpay for the full 5.5 years, or just for the allotted time i was contracted to them, which was 2.5 years?
@ssdattorney
@ssdattorney Жыл бұрын
_25% of all past due benefits but capped at $7,200 unless the attorney files a fee petition to ask for more if your case involved an unusual amount of work._
@bwink23
@bwink23 Жыл бұрын
@@ssdattorney This attorney helped me win the remand at the Federal Court level...then the attorney represented me at the SSA hearing. Isn't the $7200 just for the SSA hearing....and the 25% of backpay is for Federal Court representation? From what I have read, once a case goes to Federal Court, there is no max cap of compensation, it's 25% of whatever backpay is... correct?
@ssdattorney
@ssdattorney Жыл бұрын
_Usually attorneys who win in Federal Court get paid under a program called EAJA - the government pays them. Then if the case is remanded the hearing attorney will file a fee petition for work done, which may be more than $7,200._
@dcscuzz
@dcscuzz Жыл бұрын
I looked at the regional judges percentages, for denials, for approved. Just to give u guys some hope look up your judges quirks also. So you know how to approach these people who see we are hurt mentally physically financially!!! Mine unfortunately is Pittsburgh at 38% average approvals, I can’t believe I’ve done wasted a fraction of my life trying to fix myself. Shits really bs
@suzannebert3652
@suzannebert3652 Жыл бұрын
Don't believe it from your doc. I wasn't approved sob
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