Why You Must Never Appear to be Invested in the Idea of Being Disabled

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5 жыл бұрын

Because of Social Security’s long delays in scheduling your hearing, there is a good chance that when you finally do get your disability hearing date, you will have been struggling with your injury, disease or severe medical condition for several years.
In my practice it is not uncommon for my clients to have last worked two to four years prior to their hearing date.
When you have been out of work for two, three, four or more years, you may find that you have changed the way you see yourself. Instead of being John the machine operator or Sally the teacher you may now see yourself as John the disabled person with severe back pain, or Sally the disabled person with fibromyalgia.
As I discuss in this video, you will hurt your chances at winning if you present yourself to the judge as a person who has given up and sees no future. Instead of labeling yourself as a disabled person, you should present to the judge as a hardworking, able-bodied person who currently and for the last few years has been unable to work because of a serious medical condition. But your goal is to continue to try to regain your health and to return to work.
Social Security judges want to help claimants who possess a fighting spirit and who want to move past their current medical problems. Even if your medical issues are most likely permanent, you will get the judge’s support and enhance your credibility if you testify that you hate the idea of being disabled and that your goal is to regain enough function so that you can work. #winsocialsecuritydisability #socialsecuritydisabilityjudges #howtotestifydisabilityhearing
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Пікірлер: 125

@jerryhoschouer4410 5 жыл бұрын

Amen! I am disabled but I am not dead. I am limited but I am not shut out. I am weak but I am not a coward I will fight till my dying day .......

@ssdattorney 5 жыл бұрын

You nailed it. Thanks.

@lifetime9582 5 жыл бұрын

Yess

@kysssims8764 4 жыл бұрын

I can’t agree with you enough! I became disabled after having a hemorrhagic stroke that required brain surgery and left me paralyzed on my left side. Some days are harder than others but I have to remind myself that it’s a blessing I’m still here because a lot of ppl don’t make it. Plus I have a 3 year old who needs me to be the best Mommy for him bc that’s what he deserves. There’s no time for feeling sorry for myself! I’m a survivor!!

@deniseconsultant1538 3 жыл бұрын

True story sir. I was awarded SSDI at 32 , with a college education, on appeal. What won my case was I was working part time and showed up dr seed accordingly. The judge asked an unusual question. She asked how much I weighed. Her question startled me. I was on the thin side as I had not been feeling very good of course. When I answered her she replied you look like you weigh more than 100 pounds. I said, yes I am wearing an orthopedic, hard shell brace. She inquired about its use, and its origin. It came f I'm my surgeon, was formed specifically for my needs by Rex and I required it to get through more than 15 minutes sitting or standing. She asked if she could see it. I unbuttoned my jacket and there she could see the whole thing as it was worn over clothing. I usually cover it with a jacket to avoid stares, conversation and definitely pity. She granted my case right then and left for lunch. I heard my lawyer chatting with another lawyer and he said something like he had no idea and it was my doing. Truth is that it was exactly the truth, it was the judges keen eye that spotted something off in me. I must say I was thinking I was doomed as I was the ONLY person there not on crutches, a cane , or being somehow overly supported by someone. Call me stubborn but I went in exactly the same manner as I conducted my daily life. I'm not sure this should be every person approach but it was my only approach.

@sheliacalloway7023 4 жыл бұрын

I appreciated hearing this information. It helped me to know my disability doesn't define me. It doesn't. It makes me sad but to know we can be on the same page gives me hope. Thank you

@mameyjay1 5 жыл бұрын

You are great attorney..this is great information..like i said to you on one of your other videos. That these videos helped me with my case and i got my disability my attorney couldn't believe how prepared i was at my hearing I got a bench decision keep helping us yes!

@neenee1819 5 жыл бұрын

How did you prepare ... my hearing is scheduled for June 4th ... I'm a bit worried.

@cfoster6804 5 жыл бұрын

That's amazing! Yes, please share some of the things that helped you.

@tomcollins1441 2 ай бұрын

This lawyer is very knowledgeable and I'm surprised more people don't talk about this particular topic. And this is exactly where I am starting out in my SSDI Journey. If your disability or what is causing you to temporarily be out of work is legit then this should be your mindset in talking to the judge. It's just a stopgap it's just something to help you get by during the financially hard times when you're not able to work until you are able to work

@cesartoledo5621 Жыл бұрын

Great video Mr. Ginsberg, always with a positive message regarding the process. I have an attorney, which I have not spoken to at all. I feel uneasy with the way I have been dealt with by the law firm. I have only talked to case managers , and they just want to get off the phone with me as soon as possible. I just completed the “daily activities form” and the “15 years of work form”. I had no guidance nor input from either my attorney, or the case managers. I fear I did a poor job. But I learn so much from you, as much as I can . There aren’t many lawyer like you , that really care about the disabled. You take time and make videos , thank you sir. God Bless you and your family.

@ssdattorney Жыл бұрын

Thank you Cesar. I really appreciate your kind words.

@davidgonzalez4916 5 жыл бұрын

Hi Jonathan, Just wanted to tell you that your SSDI Videos really helped me understand the process of what to expect at my hearing, dated May 9, 2019. My Attorney has over 40 years of experience and I felt pretty comfortable using him and when he opened his laptop to show what my case consists of I saw that he had your KZfaq videos on his laptop which at this time I told him that I have been watching the same videos, which he really didn’t say much, but I thought you should know because even other SSDI Attorney are listening to your message even handling cases for over 40 years. Thank you again for your awesome SSDI videos!

@ssdattorney 5 жыл бұрын

My pleasure. Your attorney has good taste!

@melindagraves5212 5 жыл бұрын

I'm not surprised since Attorney Ginsberg is the bomb!

@charleshines2142 Жыл бұрын

Honestly when I saw the title of this I thought it would be about an "oh, woe is me" story where the guy is pure bad luck and has no self confidence and was repeatedly saying the same thing trying to make it a point. It turns out I was completely wrong and he did an admirable job on winning his benefits.

@Drknlve 5 жыл бұрын

This was awesome. I am about to have my hearing. I was very active, before my accident. I am getting steroid injections to try to help me get off this medication. I want to get back to volunteering and helping. I am a brain tumor and breast cancer survivor. I keep it moving, but now I am limited. This video really blessed me. I want the just to know I am trying to get back to my old self, but if I do too much I am laid up in the bed the next day. We even moved to the lake, so I could have less stress. It has worked. I want to live my life. I am not trying to walk around like a disabled zombie. What good is getting the money, if you are living in outer space.

@ssdattorney 5 жыл бұрын

Very well said!

@aprilredkisses 4 жыл бұрын

Thank you for sharing.

@johnboy9769 5 жыл бұрын

My case is currently in the hands of the appeals council. After my hearing my lawyer said in her opinion we won the case but unfortunately the judge didn't see it that way. She did say she don't appeal very often but with my case with all the medical records and 2 residual functional capacity reports from my Dr. One when after my first denial the second after more mri's and physical therapy said nothing they could do for me. My lawyer did write a 2 page narrative report to the council about my conditions and the fact my Dr. Went as far as finding witch listing i met. I know the appeal council doesn't overturn many decisions but its the last step till i give up for 5 more years till I'm 50. Its ridiculous the way the system is. I worked from 14-42 now 45. If i could work i would. Thank you for your video's.

@rogerlaflower4750 5 жыл бұрын

good luck with your appeal, mine took just over 300 days I was denied at appeals council level too on my claim, just got letter last Monday. basically wasted 5 yrs so far, , not sure if I will go federal on mine. But I wish you the best on your's and hope they atleast remand yours.

@nickthamagnificent8252 5 жыл бұрын

Great video as always thank you

@ssdattorney 5 жыл бұрын

You are very welcome.

@lowjoeonthego6387 4 жыл бұрын

I appreciate all that you do. I have a lawyer but hasn't given me really any advice as what to say how to dress or really what to do. I have a hearing next month after a denial. It's been almost 2 years. If already had back surgery and possibly going to need another one. Thank for all your knowledge. God bless.

@bridgingworlds1503 2 жыл бұрын

Thanks for another great video and information.

@sarahsmile6581 5 жыл бұрын

Thank You. Excellent .

@PhoenixRising87 3 жыл бұрын

My hearing is in a week; I'm gonna keep this in mind. I'm starting physical therapy for my chronic back pain tomorrow and have been regularly seeing specialists for the past few years. I'll be moving out of my parents' house soon and want to talk about how I think that's going to be key in my getting better.

@jackierobinson9861 5 жыл бұрын

It will help me when I fill out my disability application again, I understand their questions

@Angeliclove828 5 жыл бұрын

Awesome advice.

@Lydia4Jesus_ 5 жыл бұрын

I agree whole heartedly! With my hearing approaching in July, I spent my time applying at VR, ticket to work Fl. They deemed me unemployable based on Vocational testing, and my medical records. Basically they did not want to pay for any services to get me employable as I am 58 and money better spent elsewhere. My psych doctors at free clinic all support my case but they have a policy that they do not fill out residual functioning reports, mental or physical. My disability encompasses both; Bipolar 1, PTSD, Lumbar degenerative Disc Disease, Osteoarthritis, and multiple others. I pray daily that I can be employable with income sufficient to sustain myself. My SSDI is going to be at the lower end if approved. In Fl that does not even cover rent.

@jaspermartin7444 5 жыл бұрын

Hi, what is "VR" and "FI" please? Congrats on getting... not enough to actually continue to live? :/ Seems like everything is an excuse to decline someone. Apply right after an injury, and they assume you're just lazy. Take too long to apply and they assume you have enough money secretly tucked away to survive the rest of your life without assistance. Smile at the hearing and that means you're not really in pain. Cry at the hearing and that means you're "too sensitive and just need to grow up". Don't look at anybody during the hearing and that means you're lying about everything. And even if you can jump through all their goofy hoops and bypass their two-faced objections, then they won't give you enough to actually continue to live. It feels like they really do want poor disabled people to just kill themselves and stop bothering honest hardworking americans, blah blah blah. Meanwhile the congress critters have focused their attention solely on letting even more poor immigrants into this country while completely ignoring how Trump has made it harder for people who need it to get disability and for that to be enough to pay basic living expenses. It's beyond depressing, it's suicide inducing. But clearly that's what they want.

@shellylittlefeather883 9 ай бұрын

Thank you for this video. I have been such a hard worker all of my life. I have been procrastinating filing because the fighter in me had a retirement plan to make more money and yet another career after retiring. But my body keeps telling me other wise. There's a stigma that people feel about saying they are disabled and it is messing with my head to the point i am depressed. Thanks for the encouragement.

@rellaandmommysworld4837 4 жыл бұрын

This video and your other videos are very helpful

@onmilo 5 жыл бұрын

I enjoy watching your videos because so much of what you advise parallels what I experienced going through the disability process. A positive attitude and positive outlook goes a long way throughout the entire process. I wish I had found your videos during rather than after my case was heard because I had to learn all what you suggest on my own as I moved forward Thank you for posting your excellent video essays.

@ssdattorney 5 жыл бұрын

You are very welcome.

@daveconerly1450 4 жыл бұрын

I watch your numerous videos to learn what my mind can decipher. All that you speak and teach about is so extremely important. Your messages are very clear and pinpoint as to what to do and what not to do. I, of course , have a personal dilemma with the different issues concerning my disability ..But I seem to of learned about all the many many rules , regulations and common knowledge about my personal case as being on the SSI program for the past four years. Ive learned alot of the very important terminologies and knowledge but I've learned them too late. I've tried going back to work for a very short period of time last year and I did not get past the second day of a three week period for when I did so. I tried to push myself , and ended up destroying my other hip. Having epilepsy all my life, I'm now 61 years old, I had a seizure the second week of that job and by the middle of the third week, had another seizure and I was fired from that job. Now the problem escalates for a redetermination review is under way, I'm literally scared beyond imagination, as with non medical , finances for the work that I tried to do. I didn't know at that time about all the rules. I need a lawyer. I cannot afford a lawyer , and I have no idea what they are going to do to me. I realize your in Atlanta, for I am also in Atlanta. If only I could have you look into my case , for you are incredibly knowledgeable about the subject of disability. Thank you.

@ssdattorney 4 жыл бұрын

Dave, you point out a major issue with SSD continuing disability reviews. If they move to terminate and you want to appeal you have two choices - 1) ask that benefits continue while you appeal or 2) do not ask that benefits continue while you appeal. If you choose #1 then you would have to pay a lawyer out of pocket to represent you in an appeal. If you choose #2 there would be past due benefits but how do you survive during the wait?

@David53D 4 жыл бұрын

I was on disability for over 30 years and continued seeking therapy and the private doctors sent in their reports to Social Security while I also saw a Social Security doctor, at review time , who always approved my claim.

@bluesdirt5889 5 жыл бұрын

What was his age ? I'm 56 and just started the process . I've been a pipe fitter for 20 yrs , warehouse worker for 16 yrs before that and US Navy before that . My back is shot spondylolisthesis , ankylosing spondylitis , bone on bone cervical etc.etc . I know my time working is over and I feel terrible . I would be in the hospital in no time. Feel bad for my wife and kids . I'll never make what I did . I love my house and yard ,but that's over .

@lesg6680 5 жыл бұрын

God bless you. I hope the best for you. I'm in the same boat.....

@cfoster6804 5 жыл бұрын

I feel like if you tell some judges you don't want to take the pain meds they will deem you non compliant. Like you could probably work if you took your pain meds. It seems like it's just a gamble. What may be a positive point for one judge could be a negative for another.

@ssdattorney 5 жыл бұрын

Maybe - my experience has been that judges do understand why someone would not want to take narcotic pain meds. But the question will arise - how do you control your pain?

@denisesaldana8388 4 жыл бұрын

That's what happened to me!

@themessenger2157 4 жыл бұрын

I WAS TOLD IF I DONT TAKE THE MEDS IM NON COMPLIANT.

@ElizabethF2222 4 жыл бұрын

My disability attorney told me before my hearing with the ALJ, that it's all about what you CAN do with limitations, not what you can't do. I was truthful and told the judge that I could go to the grocery store and go to the doctor, but had to come home after an hour or so and elevate my leg. I am 60 and have a severe case of cellulitis of the left lower leg that I've had almost two years. I've had two surgeries and three hospitalizations each with 10 days of Vancomyacin (which didn't work). I won my case but it's taken almost two years. It's been three months since my hearing, and I'm still awaiting my back pay. Apparently, SS is backed up here in Houston for MONTHS.

@BuffyNoir140 3 жыл бұрын

😯, it’s just crazy that no matter that you’ve worked hard all your life, paid into the SS, when you need it they treat you like a criminal.

@MyFavoriteColorIsBLUE 5 жыл бұрын

Amen Johnathan.

@LillyxMclair 5 жыл бұрын

❤️❤️❤️ this video.

@ssdattorney 5 жыл бұрын

Glad you found it useful.

@eddieabc2580 5 жыл бұрын

I was always a production worker, there is no way I can perform some of the work I use to do, I wouldn't last 10 minutes . I would be breathless, heart rate would speed up.

@ssdattorney 5 жыл бұрын

What about a simple, entry-level, one or two step job?

@itismeagainbitisnotme2328 5 жыл бұрын

Great video. What I think? Some get approved others don't and it doesn't seem to matter if they meet or exceed a listing as I do. Some get approved for problems that are not as extreme as those who die while waiting for approval or appeal. I can't call this justice.

@ssdattorney 5 жыл бұрын

One of the things that bothers me most about the SSD process is the wide variation in approvals within any one hearing office. You may have Judge A who approves 70% of claims, while Judge B in the next room approves only 20%. That is not justice -that is a lottery.

@SS-cw4qr 5 жыл бұрын

@@ssdattorney I hope eventually this changes and can be applied more reliably for everyone involved.

@itismeagainbitisnotme2328 5 жыл бұрын

@@ssdattorney you know I just can't wrap my head around my judge ordering a continuance for the sole purpose of sending me to their dr because as she said I needed to be measured with a physical exam to go with my the digital measurements done with imaging. She said the listing 14.09c2 says measured with appropriate imaging and upon physical examination. I agreed to go. We agreed to reconvene once it was done. But then she only sent their dr some progress notes that didn't include my imaging results or mention them. Of course she did not tell the dr I was claiming 14.09c1. He said I dont meet 14.09. I asked during the hearing why I wasn't seen and she said that had their dr seen me then that would make him impartial. I didn't know how to respond. And my rep said nothing. And after the hearing my rep told me that what the judge said wasn't true and I can only hope she does the right thing. So, I want to ask if it wasn't true why my rep didn't say anything. I'm thinking of emailing my rep and just laying out what happened and asking why she didn't object or say something anything just to have it on the record. Well, what the judge said is on the record in the transcripts but not my rep questioning the logic. Could I ask you...would you have said something had the judge said that if the ssa dr saw your client in person then that dr would no longer be impartial?

@itismeagainbitisnotme2328 5 жыл бұрын

I won my case. I met the criteria for SSI and met listing 14.09c1. Thanks for all your videos.

@brissasworld7083 5 жыл бұрын

Thanks for another great video. Do you recommend stating that in your prior job you were always recognized for good work performance ( will that build credibility? Or hurt your case?) I am as well been trying to look for a treatment that would stable my condition and allowed me to return to work.

@ssdattorney 5 жыл бұрын

Positive work reviews will help your case, in my view.

@emilymathews7073 3 ай бұрын

Good way to see things. I’ve been like that, too. I don’t want to be.

@katiedower2775 5 жыл бұрын

I filed an appeal and have been giving information to my lawyers secretary what does she do witj the new development thank you

@Tommy-gj9kn 5 жыл бұрын

What happens during an appeal? My case is in appeal now , fingers crossed.😀

@SS-cw4qr 5 жыл бұрын

From my experience at my first hearing, the judge that presided held it against me that I was hopeful for change and the opportunity to find something that would work for me in the future as the economy changes. Granted, I pointed out even if I did, my work would always be suspect due to the nature of my problems. Her denial literally stated she considered my hopefulness as a sign she didn't believe I was as bad as what I claimed. But hey, I'm an optimist. I believe things change.

@cfoster6804 5 жыл бұрын

Yeah this is what I was talking about when I made my comment to Mr. Ginsberg. It pretty much seems like you have to feel the judge out first and tell them what they want to hear and not how you really feel.

@cfoster6804 5 жыл бұрын

@@TheShadowVorlon Oooh good point about them bringing up the economy. I missed that. If I were a judge that would have triggered me as well.

@faithbolin7437 5 жыл бұрын

I use a lot of the information from your videos today, I just had my phone hearing and the lost couple of questions to the VE his answers was NO. I just can't remember if the questions was (can she still work with her inpatients), or would her (inpatients keep her from doing the job).so I'm still not sure I've won my case.

@proudairforcemom8092 5 жыл бұрын

Dear Jonathan, I have FSGS a devastating disease and my kidneys failed. I was in dialysis for 3 years and I received a kidney transplant last year (which was rejected after 48 hours of transplantation, thanks to a shock treatment started to work again). This desease is very highly recurrent on the new kidney. I also have polyarthrosis, poliglobulia severe osteoporosis, and all the side effects from the medication that I´ll have to take for the rest of my life. Social Security is revising my case at this time. I´d love to go back to work but the fatigue, tiredness, headaches, etc due to the medication will limit my ability to perform my work to my full capacity. What do you think will be my chance for continuing disability?. Thank you.

@GAJoe1959 5 жыл бұрын

Would you know if Orange County Ca is a more difficult county to get approved in?

@gracie100404 5 жыл бұрын

I have a very bubly personality. I have worked in customer service for 25 years. It is my nature to smile and appear happy even with my physical pain. During my hearing should I not smile as much?

@roninband6862 5 жыл бұрын

I yha said that to the judge and she try to find a work that i can do cos she said that i can other job out there.

@Didirocku 4 жыл бұрын

What happens if my attorney doesn’t contact me after I’ve won my case? I’ve tried to contact them regarding forms sent after I’ve won but they don’t keep in contact

@kwdoug 4 жыл бұрын

God bless you

@donaldblackamericanhighlan2079 5 жыл бұрын

I know it's off topic but after my hearing on March 28th my attorney said she believes the judge was leaning towards approval because he used specific numbers when he was talking to the vocational expert instead of just generic percentages . I'm not sure what she meant , would you happen to know

@ssdattorney 5 жыл бұрын

When the judge asks hypothetical questions to the VE and he references specific numbers in terms of weights, distances and other measurements, that suggests that he is getting the info from either your testimony or the record, and accepting it as valid. If the VE responds "no jobs" to these hypos then you are likely to win.

@barbgill3776 5 жыл бұрын

I am permanently disabled. Traumatic Brain Injury, visually impaired, epilepsy. If I could work by cutting my leg off above the knee, I would.

@williammelvin6371 4 жыл бұрын

This is who I am !!

@wildbutterflytiedye 5 жыл бұрын

*I used to be "Tammy the friendly cashier" I sure miss that. I loved helping people and the social aspect of becoming friends with my coworkers. I am going to keep on hoping that a surgeon somewhere will do my 9th abdominal hernia repair. Right now there's 3 surgeons who have said no, but that's ok. I will never give up hope!*

@neenee1819 5 жыл бұрын

I have been waiting for TWO YEARS ... my hearing is finally scheduled for June 4th ... I have spoken to my attorney 3 times for a TOTAL of less than 30 minutes ... she claims she will call me for a "phone meeting" the day before my hearing to go over what the procedure / scale of the hearing will be about and how I should conduct myself ... honestly I'm NOT very confident .

@ssdattorney 5 жыл бұрын

Don't give up hope - your attorney may be well prepared and very capable. But I agree with you that a 30 minute call the day before the hearing seems a little underwhelming. I hope you have at least been talking to a paralegal regularly.

@neenee1819 5 жыл бұрын

@@ssdattorney Only when I've contacted them with questions OR they have questions / something they need from me . Well , fingers crossed I guess .

@cfoster6804 5 жыл бұрын

@@neenee1819 Is your attorney local or is she from one of those national law firms?

@nudesforbreakfast 5 жыл бұрын

Wow! Had my appeals hearing today, without even knowing it I did just this in my hearing. But FR, I am a fighter! If there were a procedure available to put all my screws back where they go I would in a heartbeat! The world needs me!

@ssdattorney 5 жыл бұрын

Amen to that.

@theresaandrade5708 3 жыл бұрын

I think that is excellent advice for a disability review. For getting on disability, it probably would fail!

@rellaandmommysworld4837 4 жыл бұрын

Can you do a Video for Lupus Patients with FIBROMYALGIA as well

@jamiedean3558 4 жыл бұрын

Wow thank you for this . I am a fighter and do not want to be defined by my disability . To hear this testimony gave me hope , hope to get better. I have had 5 shoulder surgeries and have another one to come and was getting down and frustrated . I have a hearing tomorrow and this reminded me of who I am and to be a fighter again to get better. Thank you

@LillyxMclair 5 жыл бұрын

Should we the claimant write a letter to the ALJ or adjudicator similar to this if we are in the same situation ?

@ssdattorney 5 жыл бұрын

If you are represented, let your lawyer do the writing.

@lenoradennis5913 5 жыл бұрын

I really want to get with you, but I know it's too soon-I'm turning 61

@user-nq1nh8xx1u Ай бұрын

First I don't walk anywhere it hurts to much. Second both knees hurt and my right shoulder is fucked.

@12djjosh 5 жыл бұрын

Mr Ginsberg I have a similar problem but I lost my case

@rhondateris2711 5 жыл бұрын

same here! I'm appealing at this point. I'm not sure my lawyer is really on top of things though.

@Traceyi1000 5 жыл бұрын

@@rhondateris2711 if you don't then hire another one. Please don't let someone else that could really care less about you decide your fate.

@SLBVeteran 5 жыл бұрын

Great info. But, for veterans this is not clear and cut. There is a bias against veterans from employers that regular civilians may not encounter. Example: In my case the Judge understood my PTSD would limit my chances of employment to a degree, but my physical service-connected disabilities definitely made me unemployable. Many employers are reluctant to hire a veteran with PTSD unfortunately in the past news reports would show a veteran losing it and had a gun shoot up the work place in some situations. Really can not blame employers for this fear I myself am fearful of what I could do if and when a flashback occurs hence why I do not own a weapon. I explained to my Judge that I had wanted to volunteer at the VA hospital which is marginal, and occupational therapy at best. Still not SGA level tho. He agreed that I was not just a quitter, but had to adjust my lifestyle to my age and limitations. In the long run I convinced the Judge that I was not letting my disabilities and military service define my life as a veteran in the civilian world. Being a military retiree and disabled veteran is different in the eyes of SSA than what a civilian would be judged. Just my opinion for today.

@hunchosavage609 Жыл бұрын

F anyone here like me jus researching stuff keep fighting don’t give up

@cfoster6804 5 жыл бұрын

Mr. Ginsberg can you do a video on how involved we should expect a lawyer to be at a hearing? I see so many people say their lawyer said absolutely nothing. Should they (lawyers) speak up more? I also get the feeling some people think their lawyers should do all of the talking like you see in murder trials and such. Thanks!

@ssdattorney 5 жыл бұрын

I think it kind of depends. I had a hearing last week where I literally said nothing because the judge didn't ask me for an opening, and after asking my client questions he stated that he was going to approve. In other cases I give an opening, put on a case and give a closing. When I am training lawyers in this practice area I tell them to be prepared to present the entire case, but know when to keep your mouth shut if you are winning.

@cfoster6804 5 жыл бұрын

@@ssdattorney I see. Thank you very much.

@12djjosh 5 жыл бұрын

I need help

@ThePeterDislikeShow 5 жыл бұрын

What is the connection between social security disability and bankruptcy, why the two areas of practice?

@ssdattorney 5 жыл бұрын

No plan at work here - when I started practicing law I did some civil litigation. Back in the 1990's there was a large demand for bankruptcy so I started taking those cases and shortly after I added SSD.

@ThePeterDislikeShow 5 жыл бұрын

@@ssdattorney Interesting in terms of the demand. The 1990s seemed like a better time economically.

@tammyplourde2859 4 жыл бұрын

Mr. Ginsberg, below this video under "Free Case Evaluation" it states that you help with SSDI and SSI. I was told from someone at your office, that you do not take SSI cases. This video was published in May 2019 - not very old. Has your policy changed since this video?

@ssdattorney 4 жыл бұрын

We do take selected SSI cases. The problem with SSI is that even if you qualify medically, you are potentially subject to offsets due to household income or assets. Further, since the maximum SSI benefit is less than $800 and you can only collect as of the date of application (vs. 1 year prior to application date for SSDI), the past due is almost always much smaller. So from an attorney's perspective there is more risk with less possibility of earning a fee - so, for me personally, I am much, much more selective with SSI cases and I generally cannot afford to travel to handle an SSI case.

@libraryminnie7674 5 жыл бұрын

Why do you suppose he didn’t get approved at the initial level? Do you think there is a stigma against people who do use narcotic medications?

@jasoncentore1830 5 жыл бұрын

I think it looks better to be on pain meds, they definitely will not use that against you. If you claim severe pain, it will be worse if ur not on Narcotics, the judge will assume your not as bad as claimed

@ssdattorney 5 жыл бұрын

Most likely because he was highly educated. Also, early approvals usually arise from listing level impairments for claimants who have already been out of work for a year or longer. This gentleman's case was not listing level. Further, his onset date was several months after he stopped working - we used an onset date based on a medical procedure that did not go well.

@libraryminnie7674 5 жыл бұрын

I must mentally prepare myself for that initial denial, I. Keep dreaming I will be one of the fortunate ones. I am 55 but I am cursed with a Master’s Degree. 😂

@jasoncentore1830 5 жыл бұрын

@@libraryminnie7674 I just got denied initially, your age is very favorable, but the Masters Degrees adds some complexity, it sucks how the system works, u worked hard and probably paid big $$ for that degree, just for it to b held against you for disability benefits, good old US Government

@robertpowell6910 5 жыл бұрын

The day before I was to have my hearing I received a call from my attorney stating that the hearing had been canceled and they were going to do a "On the record review". Does that Mean I won the review without attending? If so, how long before I get a written decision? I have been listening to your videos for the past year and I think they have help me. Thank you.

@cfoster6804 5 жыл бұрын

Shouldn't you be asking YOUR lawyer this? It's part of what you hired them for, to answer your questions.

@highrolla142 Жыл бұрын

The judges job is not to pick and choose who they think should receive disability it's to approve benefits to the disabled it's the doctors job to work with the patient to get well not the judge

@edwardvalley8831 5 жыл бұрын

My judge said I met 3 listing's but said if I were to be sober I would not meet those listings, and ive been sober for 3 years already do you think I still have a chance?

@ssdattorney 5 жыл бұрын

If you presented evidence that you have been sober for the past 3 years and you have medical support stating that you meet a listing, then that would be very positive.

@jusslovely149 5 жыл бұрын

I know it's late but could someone PLEASE answer this for me??? My appeal hearing was on 4/19/2019. A few weeks after my hearing (5/13), I received a letter from SSA stating that I was found "Fully Favorable" for SSI payments. The letter also stated that my case was sent back to my local SSA office and SSA will contact me to set up SSI payments. Well, on 5/31, I received a letter in the mail from ssa stating that if I didn't come in BY 5/31 they will decide that I'm not eligible for ssi checks...the letter is dated Friday, 5/24 , Monday (5/27), was a holidayand I got the letter on Friday, 5/31 (seven days later). I'm going to my local SSA office tomorrow morning (Monday, 6/3). Would someone please tell me that I'll still be able to receive ssi payments even though I didn't come in by the date they told me to come in? I've have been waiting two years to get approved...I'm so nervous...

@rhondateris2711 5 жыл бұрын

I told the judge that I became a notary signing agent; I had done 2 jobs at the time of the hearing. It's printing loan docs and sitting down with a client for 45min to 1 hour. The judge wrote that I am working a part-time job, which is not even close to true.

@lukebyram3694 5 жыл бұрын

Many of us with disabilities are proud to be disabled and that is part of our life. Are you suggesting that we hide being proud of being disabled?

@ssdattorney 5 жыл бұрын

Luke, the focus of my videos is how to win Social Security disability benefits. Too many deserving claimants are turned down because they don't know what they need to win. If you walk into an SSD hearing with the mindset that you have given up on the idea of full time work, that will hurt your case.

@cfoster6804 5 жыл бұрын

@Ann Beekeners Yeah I'm with you. I hope he was just trolling.

@dwdame3296 4 жыл бұрын

I think this is a case of societal shift. There's a comment further up emphasizing it's about 1) evidence and 2) not having a bad attitude. Which makes more sense than how it initially came across. The 'don't be invested' is not the consensus among social scientists and disability activists. A lot of us chronically ill folk, particularly with 'invisible' disabilities, have a lot of problems getting access to resources because we aren't believed. We have the treatment and paper trail, but always have to fight for accessibility, simply because of how we look. We ARE disabled. Being disabled also refers to how we always have to fight to live in a society that is not built for us. It's an issue of taking back a marginalized identity. Similar to how 'queer' used to be a bad word, until it was reclaimed. Personally, it doesn't mean I don't do as much as a can, no matter how little that is or how inconsistently I can do it. Perhaps this is how society really thinks, but I feel it's ableist to assume that owning our reality as 'disabled' means we're giving up on everything. Part of my survival has been a constant, sober evaluation of what my situation is, and how to make the best of it. Which is the opposite of just 'giving up.' I had to ask for disability accommodations in school, or I would never have graduated. Recently I had to realize that my already limited capacity is not getting better with age, and that I can no longer put off the SSI process. Something I've been dreading for years, but knew I'd eventually have to do -- barring a miracle breakthrough cure. Whether or not I end up ever being approved, I'll remain disabled, because until medical science improves, that's just my reality.