The Games They Play to Deny Your Social Security Disability Case

Рет қаралды 12,345

Жыл бұрын

First, #SocialSecuritydisabilitylaw requires SSA to "develop your record"
when you file an application for SSDI or SSI.
Although most #disability claimants do have extensive medical records with their own doctors, SSA will almost always send you out for what are called "consultative evaluations" with doctors who contract with the Agency.
In this video, I review a report prepared by a consultative doctor in one of my cases. As you will see, this report gives us almost NO useful information about this particular claimant's limitations!
As best I can tell, the doctor who prepared this report freelances for a company that provides "independent medical evaluations" (IME) for not only Social Security but for insurance companies and other government agencies.
Insurance companies use IME services to generate evidence they can use to DENY CLAIMS, and in my experience, physical medicine IMEs rarely benefit disability claimants.
Many of the freelance doctors work for "industrial clinics" and their reports almost always DOWNPLAY a patient's limitations.
This IME report is like many others that I see. It offers almost no useful information and you CANNOT rely on reports like this to convince a Social Security disability judge to approve your case.
This is why I encourage my clients to go to their own doctors regularly so their medical records will be complete.
I understand that it can be very difficult to afford medical care if you are not working and/or have no insurance. But if you hope to win disability benefits you have to find a way to visit your own doctors regularly.
The games played by the insurance company and the government are a prime example why you must not take on the Social Security Disability "system" alone. You need a seasoned professional like me who has seen every trick in the book.
You pay only if you win, and I offer a no-risk and 100% confidential case evaluation.
Start below right now.
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Пікірлер: 70

@markstench4470 Жыл бұрын

This man is the real deal. Hes smart, well spoken, networked, and he truly cares about everyone. It would be in everyone's best intrest to educate yourself with his videos and then give him a call. Its in your best interest. Thank you for educating the masses Counselor.

@MyFavoriteColorIsBLUE Жыл бұрын

Agree 💯

@shannonharris Жыл бұрын

2 doctors (physical and mental) putting it all on paper and telling me that I'm disabled "to my face" and cooperating with whatever paperwork was asked for... Plus a 3rd only verbally stating I'm disabled based on a wrist injury (imagine rice Krispies)... None of this was good enough for ssdi... Lawyer thought we had a "mountain of evidence". I even paid extra (filing fees) to go to federal district court... AND STILL LOST MY CASE. If you are under 50,you need to be blind, missing limbs, or require a wheelchair before ssdi will approve you. 2 different lawfirms tried for me and both failed... Despite all kinds of evidence.

@cesartoledo5621 Жыл бұрын

Yeah , he is the Best!!!🙏

@ssdattorney Жыл бұрын

Mark, good to hear from you and thanks as always for the kind words.

@ElleBrOw Жыл бұрын

@@shannonharris Gotta be close to 50 with over 20 yrs work experience-the more the better. Backinthedayz people bragged about “working off the books” & that ish catches up to you, it’s years without SS deductions. Even if you’re younger & granted SSD they will revisit your approval several times to see if you’re still disabled, visiting Drs, on medication.

@cesartoledo5621 Жыл бұрын

Great video Mr. Ginsberg, I just had my visit to their (ssi) consultative doctor. He was very rude, and he hurt me while doing one of the the test. He was poking me with his fingers down my spine where my injured area is. And i had to yell and told him he was hurting me. I couldn’t take the pain , he stopped and went on to the next test. The examination happened so quick and this Dr was hurrying me along . I told him I can’t go fast, he was just being tough on me. If I wasn’t disabled with a cane and not able to work, I wouldn’t even think of going thru this entire humiliating process to get approved. I miss work, and have given up on some dreams so far. We’ll see how my case comes out. I wish I had you as my attorney, I have so many questions for you but I don’t know which one to ask. God Bless you and your family Mr. Ginsberg.

@ssdattorney Жыл бұрын

Thanks Cesar. In my experience most physical medicine CEs are fairly worthless. Hopefully the other evidence in your case will be enough to win.

@kasondaleigh Жыл бұрын

I’ve wondered how much information the doctor gets by just eyeballing a patient. Both my “exams” took less than 10 minutes. If the exams tell the judge nothing, perhaps SS should save that money and compensate some deserving Americans who worked their asses off for this country and can’t get by now because of our government policies of protecting the rich

@ElleBrOw Жыл бұрын

Your chance of approval is just as good as anyone. Some are approved 1st shot with a computer application. Others hire an attorney & get denied. If you’re nearing 50 & have 20 yrs plus of work history it 𝙝𝙚𝙡𝙥𝙨 their decision. Also you will be considered to work outside your current employment. You MUST read their reports after the exam…mine stated “𝙨𝙝𝙚 𝙙𝙤𝙚𝙨𝙣'𝙩 𝙖𝙥𝙥𝙚𝙖𝙧 𝙩𝙤 𝙗𝙚 𝙞𝙣 𝙨𝙩𝙧𝙚𝙨𝙨" 😂 Meanwhile after bilateral carpal tunnel surgery, 3 level cervical fusion & right shoulder arthroscopic surgery-he stated "𝙄 𝙘𝙤𝙪𝙡𝙙 𝙬𝙤𝙧𝙠 𝙬𝙞𝙩𝙝 𝙢𝙮 𝙡𝙚𝙛𝙩 𝙖𝙧𝙢". All I’m saying is don’t be discouraged. Keep fighting & grunt a bit during exams. They are professionals & they are effin crazy. Oh yeah & read the papers attorneys push in front of you for signature 👀 Oftentimes they’ll get more if you’re awarded more. Don’t sign that one ❌

@AmericanNomad82 7 ай бұрын

You're speaking too much sense.

@jordansam Жыл бұрын

Supportive and Consistent Longitudinal Medical Evidence is one essential key 🗝️ to the puzzle of meeting your burden of proof as required by the law until step 4. All of your videos helped me self advocate at the doctor, thank you Attorney Ginsberg 🙏

@angelabrothers2274 Жыл бұрын

I just had one May 23rd 2023. I'm on my reconsideration stage I have a Lawyer. I been binge watching your videos. Thank you Sir for your Excellent Advice!!!

@standingovation3092 Жыл бұрын

Before I go on my rant. Mr Ginsberg is awesome and tells it like it is. I was diagnosed with degenerative disc disease, spinal stenosis and had servical disc replacement 2 levels in 2007.A microdiscectomy in 2012 and just recently a laminectomy in 2022. Not to mention i have stage 3 Rheumatoid arthritis. Im a 48 year old male and was denied disability 2 months ago. I am currently in the reconsideration stage of my case. I've lost dexterity in my hands and Im unable to walk, due to swelling in my knees and feet. I have consistent documented medical evidence covering almost 17 years of medical treatment. Even up until today, June 27th 2023. This isnt an easy process. Even with an attorney that is responsive and on the ball, like mine. Social security will do anything to deny you. Its their job. You need to be prepared and understand what exactly they're looking for. Trust me, I feel your pain. My fights not over and i don't expect it to be anytime soon. Im under 50 but close. I meet a couple listings but SSDI thinks i will heel from my surgeries and my medications will help me. Everyone needs to have an open mind and understanding of how they think. Remember no matter how sick you are and you've paid in to the system. They think the exact opposite. You have to go into this process humbled and not feeling entitled. You need to put in the effort to fight for yourself. Talk to your doctors. Make sure they know exactly what is going on with your body. Your attorney, if you have one. Is only as strong as the evidence you give, him or her. Thier job is to put together a timeline and medical proof that you can not work at all. When your disability started and how it prevents you from working today and in the future. I understand Doctors don't typically like discussing disability with a patient and it might feel awkward, but you will be doing yourself and your family a disservice if you don't. Especially if your Dr has been treating you for more than 6 months. Its time to ask. Your Doctors and your attorney are your tools. You have to provide them the lumber and nails to build your case. God bless you all who are searching for answers and never give up. Jesus is closest to you when you're at your darkest hour. My prayers tonight are for all of you. .

@Maggs0906 Жыл бұрын

When I first filed they wanted to send me to get an exam but I realized that they did not have any medical records from my rheumatologist so I had to call and make sure they sent the records after that they canceled the appointment and said they had all the info they needed and I was approved but I never would have known they didn’t have all medical records if I didn’t ask

@warriorwarrior2937 Жыл бұрын

Yes, same here, I went to the SS doctor & I took her all the medical records that I had accumulated & She told me that The SS Office only had half of what I gave her, & she told me to get those medical records to the Office ASAP. She also told me that most of the time certain Hospitals ignore requests from the SS office regarding sending them medical records. She said if SS had all the medical records that I gave her it might have been enough for them to make a decision.

@WarriorGirl_113 Жыл бұрын

Thank you for sharing! I had to go to this IMA company, and the doctor was rude, dismissive and made my nerve damage pain unbearble. According to a social worker in my area she knows of two other patients who were injured (for lack of a better word) after going to the same doctor. I called a few lawyers in my area and they refused to help me. Advised me to fill out an accident report. I was told by a friend I should call the Senator's office to see if I can help make sure noone else gets hurt.

@hurtthep Жыл бұрын

Keep making these videos so educational, hopefully you will be attorney very soon .

@jimmarchman Жыл бұрын

Thanks for the video Mr. Ginsberg. The doctors I have been visiting that are working for SSA all appeared to be less than successful with few or no patients waiting to be seen, located in less than desirable areas in much older buildings that were in need of updating/renovations. The exams appear to be superficial and the providers less than interested in the process.

@ssdattorney Жыл бұрын

Many of these doctors are "industrial clinic" doctors who work for clinics used by workers' comp insurance companies to deny claims.

@lincolnwages9245 Жыл бұрын

Thank you very much excellent advice.😊

@ssdattorney Жыл бұрын

_You are so welcome!_

@MyFavoriteColorIsBLUE Жыл бұрын

Thanks Johnathan

@ssdattorney Жыл бұрын

_Welcome!_

@merinahansen6301 Жыл бұрын

Thank you for another excellent video. I applied for SSDI 3 years ago and my hearing is in August. I have never been scheduled for a CE. Is that usual?

@rosachavez6394 Жыл бұрын

Mr.Ginsberg, I m currently in the DDS pending for it to be completed with their decision. I applied end of February 2023 and it noted on the website that they started the case date March 3, 2023 and that it would take up to 5 months to be reviewed with DDS. I recently spoke to all my specialist that SSA stated that they have yet received records from 3 other providers. As I received those records so that I can submit myself as the providers office stated I try. I noticed the date that the SSA dept only requested records that go back to 4/1/2022. But I was diagnosed September of 2021 so it shows the rheumatologists, gastroenterologist referrals my pcp and other primary providers I have been seeing previous to that. I did put in my on set date of 4/2022 although I was still working my Autoimmune disorder (systemic Sclerosis) had continued to get worse and med changes continued to changed as the other meds did not help. Shouldn’t SSA dept ask for further medical records ? I also had precious records that I kept from when alll this started and I did provide that to the SSA dept so I’m hoping they are looking at those records which have precious dates. Or would that be the reason why SSA only is asking for that 4/1/22 date because I provided some records from previous to that which was 2020-most current ones. But not all The current appts maybe the last 3-4 visits from all doctors/ medical providers. Also the reason I added the on set date although I was still working but my house drastically kept dropping due to me missing time from work due to medical appt/ or just being ill. That’s the date my work finally had accommodated me with a different position but the requested cha ge I had submitted to HR November 2021. Thanks I’m advance.

@rosachavez6394 Жыл бұрын

Also my currently status states 51% not sure if that means anything.

@ssdattorney Жыл бұрын

Rosa, very good question. I'm going to add this topic to my list of videos to record. Short answer - I would submit older records that show the long term history of your medical issues. These records are relevant to a full understanding of your medical condition.

@mizrahimjew9351 Жыл бұрын

It was very helpful. I am looking into getting an RFC for my mental disability and DBQ for my physical limitations.

@kayp4601 Жыл бұрын

DBQ is for veterans disability. You should get an RFC for your physical too.

@joeblack1345 Жыл бұрын

I've been fighting social security for 14 years now and I'm in my 4th time going through the process my lawyer told me right after he filed the paperwork to go to the alj that it is going to take a year before I get the date to go in front of the alj and so far this time around they have not sent me to one of their drs

@AmericanNomad82 2 ай бұрын

Those CE doctors are the biggest jokes ever... They usually don't even specialize in the disabilities you have and they're rude and could care less about you or your outcome. They're just there to make a few hundred fast dollars to ask you a list of questions and kick you out the door as fast as possible and they don't even try to hide just how little they care about honestly evaluating you. Mine treated me as though the five minutes he spent with me had completely destroyed his Saturday and i was just scum and needed to hurry up and get out of his office, probably so he could go drink and or snort up the money he just made off of me. Edit: oh yeah and also the SSA is supposed to reimburse you for the gas you use to get to the evaluation. Well it's been over 2 and a half years and i still haven't received a dime. I guess they must be waiting until after Trump gets back in office so they can pay less on gas. 🤣

@user-dg3hj2jc1e Жыл бұрын

Looking forward to seeing the one you do on mental health consultative exams.

@ssdattorney Жыл бұрын

_I did one here that may help. kzfaq.info/get/bejne/peBzZ6qFtZ29nYE.html _

@ssdattorney Жыл бұрын

_Also peruse my channel to see my hundreds of videos. Perhaps there is one there you are looking for._

@deadcatlives6931 Жыл бұрын

Sounds like my SS DR visit. Except I had been prescribed a cane roughly 3 days prior and was still trying to figure it out as know one had shown me. Its not as easy as one think’s especially with vertigo and balance problems and on top of that the cervical and lower back issues etc etc And I have a backing DR. Plus I had beer treated for severe OCD with ADDPI ( been so long I don’t recall exact initials anymore) yet still had to see a SS Shrink. 2 years now and lost my business overnight it’s such a freaking joke man.

@Blu-Man Жыл бұрын

Mr G something you said concerns me my case got approved under the old law like 7-10 yrs ago when judges gave supporting control to treating doctors I read if my case got retried again my case is still under the old law that gave treating physician more weight that is correct right ?

@kayp4601 Жыл бұрын

I know someone who won based upon a CE at initial stage. This person had severe COPD. DDS ordered a pulmonary function test along with an internal medicine exam and she tested so low she met a listing. DDS does order additional tests such as basic bloodwork, X-rays, EKGs, and PFTs at these exams. How do I know. I had an EKG, metabolic panel, chest x ray at my CE exam.

@jena418 Жыл бұрын

What recommendations do you give when Social Security completed RFCs based on medical documentation in file list claimant as Sedentary before hearing

@EclairDontCare 9 ай бұрын

It’s a crazy check.

@12djjosh Жыл бұрын

Hi mr Ginsberg I’m 53 falling from behind a truck on 2013 I was denied ever since and still waiting after 10 years

@ssdattorney Жыл бұрын

Josh, are you saying that you have not worked since 2013?

@Tinfoilhat311 3 ай бұрын

Consultive evaluations are strictly done in an attempt to deny your case. What you have is not as important as what you can not do because of it. They only care about your ability/non-ability to work.

@cassandralee7854 7 ай бұрын

Hi, my son has been cut off in 2020 and I have been trying for the last two years to get him back on he keep getting denied I actually received a letter today and I went right to Social Security to do an appeal for an hearing.

@MaryCumbersnatch 10 ай бұрын

Proception= PRY-oh-SEP-shun, it's the awareness of where your body is in space. Those of us *with Ehlers-Danlos Syndrome often have poor prioception, which is misinterpreted as simple clumsiness.

@BishtrainerTai16 Жыл бұрын

Not to mention waste of money to drive to these quick tests for my "alleged" herniated disks and the pain it put me through. My appointment was 40 miles round trip. Doctor had me wait almost two hours just to see me for 5 minutes. Spent most of that time walking around in pain because I couldnt lay down. They also made me fill out paperwork with tendonitis, to which he never addressed the pain and numbness in my hands. 2 weeks later, I was quickly denied on my initial application. I hope the extra 50 bucks he makes on the side is worth the reputation he gets. Doctor's name is Babatunde Taiwo Onamusi, btw.

@AmericanNomad82 7 ай бұрын

Yeah and the SSA claims that they will pay you for traveling to see their doctor. Well it's been almost 2 years for me and I'm still waiting to see any payment.

@definitelydaphne777 Жыл бұрын

Hello, I filed in 2021 for disability, they said I could take early retirement while waiting. I was approved February 2023 . I haven’t received any back pay ( the difference between SS and SSDI approx $300) nor has monthly payment gone up. It’s now June . They claim I have been getting paid SSDI since April 2023 and my disability was approved February 2023. My lawyers paralegal has been given the run around, hung up on and given conflicting information every time he calls. They basically lie to him while I’m lying in bed recovering from a painful surgery. I can’t even access my SS account online. What do I do ? Thank You

@ssdattorney Жыл бұрын

I would reach out to your U.S. Senator's office for help. This type of nonsense happens all the time and can be very frustrating.

@rain7096 Жыл бұрын

👍

@jessantoinette556 Жыл бұрын

What if I'm not sent to an SSA doctor? Does that mean I don't have a case? My conditions are mental illness (MDD with suicidal ideation and is treatment resistant, GAD, PTSD, IBS & ADHD with symptoms that get worse or flare up when Anxiety and/or Depression is worse. I was hospitalized twice last year for depression. I have had to go out on Short Term disability and FMLA several different times for IBS and depression with different employers over the past few years. I have also received treatment for mental illness by a few different doctors. If SSA doesn't send me to one of their doctors for evaluation, does that mean they aren't taking my case seriously? My SSDI has been denied 2x and I'm waiting for a hearing.

@ssdattorney Жыл бұрын

No, SSA doesn't always send a claimant out for a consultative and I would not assume anything negative or positive because they did not in your case.

@flowbearkodiak2799 Жыл бұрын

I have been diagnosed with crps and I have a letter from my doctor supporting my disability I'm at the initial level.. what are my chances of being approved?

@ElleBrOw Жыл бұрын

A letter? 👀 Do you have supporting medical evidence? Have you seen an orthopedic? Neurologist at least? SSD requires more than 𝙖 𝙡𝙚𝙩𝙩𝙚𝙧 𝙛𝙧𝙤𝙢 𝙮𝙤𝙪𝙧 𝘿𝙤𝙘𝙩𝙤𝙧. You’re not submitting a Dr note for an excused absence from school or work. You’re asking for early social security disability benefits because you can NO longer work. See the difference & make necessary adjustments. SSD is nothing to play with. Bring the big dogs out & get ready to fight ✅

@AJ030 9 ай бұрын

Hi Attorney Ginsberg. I have been trying to get benefits for two years. I filed a new claim, I have physical chronic illness and mental conditions (Anxiety and Depression). I met with a psychologist from SSA, the evaluation says I have marked impairments for - 1. Concentration, 2. Self-Regulation and 3. Respond appropriately to work situation/changes in routine. My prognosis "is poor". Do you think that I will likely be approved?

@ssdattorney 9 ай бұрын

In my experience the psych CE alone is usually not enough to support an approval, especially for mental health claims. SSA is going to want to see ongoing treatment records.

@AJ030 9 ай бұрын

@@ssdattorney Ok. This is my second claim for benefits. I applied for benefits in June 2021 and this claim has been at the federal court level since February 2023; I'm waiting for a decision. My attorney filed a new claim early this year. I have a physical condition called interstitial cystitis (IC) with medical records dating back 6 years. I'm living off only 1-2 foods for four years. Then I have mental health records for the past two years. I've done almost every treatment for my IC and I'm having surgery this month with a urologist. But I also have mental health issues too. I currently have 4 urologists, a therapist, psychiatrist, just started seeing a psychologist and a pain specialist scheduled too. I was hospitalized for depression in March 2023. Then SSA sent me for a physical exam in July 2023 which I have done before. But For the first time in August 2023 I went for a Psychological Exam. I'm on various medications for my IC and mental health daily but they are not really effective. Haven't worked full time since 2018. My new intial claim has been in medical review for about 6 months. I should get a decision no later than this November.

@maureenaberzoza1707 Жыл бұрын

I need your help

@jacksycz Жыл бұрын

Just to bring some clarity, a lot of these statements the doctor makes are either patient stated or uncertain and those types of statements are unacceptable, either the disc is out or it’s trying to, can’t be both,

@ssdattorney Жыл бұрын

Jack, I don't agree with you. I have seen two different radiologists generate completely different reports looking at the same MRI (one was in the context of a workers' comp case while the other was not). I also think that patients can experience different levels of pain with the same reading (i.e., a bulging disc with mild stenosis can result in severe pain for patient A but mild discomfort in patient B). I do think that SSD judges will expect a claimant's subjective evidence of pain to be consistent with what the MRI shows but the claimant's history and consistency of complaints can be very relevant.

@12djjosh Жыл бұрын

Help

@coreyc3571 Жыл бұрын

Yeah well if they gave it to everyone the unemployment rate would skyrocket, so would taxes. A lot of people scam for this.

@ssdattorney Жыл бұрын

It's very easy to make claims like this. Where is your evidence? I have been in SSD practice for 30 years and I can tell you that there are far more deserving claimants who get denied wrongfully than non-deserving claimants ("scammers" as you call them) who get approved.

@coreyc3571 Жыл бұрын

@@ssdattorney It's a roadblock to access for a reason. Why do you think the 'Deserving' people get denied? because the fraud and scammers are sly and know how to play the system. I heard they give this to people in & out of prison and homeless shelters mostly now.

@AmericanNomad82 7 ай бұрын

@@ssdattorneyoh thank you for this reply to such an ignorant comment. It makes me so sick seeing comments like this from people who have no clue what kind of pain and suffering and circus acts and humiliation we are put through for years on end while fighting for approval to get a few bread crumbs back from what we worked all our lives paying in. Then on top of it all, many of us are denied and have lost everything while going through their ridiculously drawn out process.