Social Security Disability Law Podcast
38 episodes - English - Latest episode: about 2 months ago - ★★★★★ - 49 ratingsWhat 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.
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Episodes
How to Attack Vocational Witness Testimony to Appeal an Unfavorable Hearing Decision
March 05, 2024 03:00 - 25 minutes - 16.8 MBThis is part two of a three part interview I conducted with attorney Bryan Konoski. Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court. In this part of our conversation, Bryan and I speak about vocational witness testimony. As you may know, Social Security judges almost always call a vocational expert to testify at disability hearings. The vocational...
How to Successfully Appeal Your Unfavorable Hearing Decision
December 03, 2023 22:00 - 24 minutes - 16.1 MBThis is part one of a three part interview I conducted with attorney Bryan Konoski. Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work. The appellate work that Bryan does is very different than disability application and administrative law judge hearing work. With very rare exception Bryan is not presenting new evidence of disability to a judge. Instead, he is identifying errors of analysis made by hearing judges who h...
Are You at Risk of a Fraud Investigation from Social Security for Your Disability Claim
October 09, 2023 02:00 - 33 minutes - 19.5 MBWhat type of conduct does Social Security consider to be fraudulent? Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim? Or does SSA define fraud as conduct that goes far beyond overstating your symptoms? In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a clear distinction between statements you might make in writing or verbally that won't result in a claim approval and statements that might promp...
Former Social Security Adjudicator Greg Brinkley Explains the Adjudication Process
September 01, 2023 12:00 - 39 minutes - 16.7 MBHow do Social Security claims examiners (adjudicators) analyze disability claims and what do they do on a day to day basis? In this episode I speak to Greg Brinkley a former Social Security employee. In his 27 year career with the agency, Greg served many roles, including that of a claims specialist (adjudicator), technical expert, fraud examiner and team leader. Because of his experience Greg was the person that other Social Security personnel relied upon to solve problems, create work ...
Vocational Witnesses Demystified: My Interview with a Practicing Vocational Expert:
August 01, 2023 12:00 - 38 minutes - 21.7 MBSocial Security disability judges call on vocational witnesses to testify at the vast majority of disability hearings. Although you have never met this witness, he/she plays an important role in your hearing. Disability judges pose "hypothetical questions" to the vocational expert in your case and the answers to these questions will determine whether you win or lose. My guest in this episode is vocational expert Stuart Gilkison. Stuart works as a contractor for Social Security and appear...
Comparing Experiences: What It Takes to Win
July 01, 2023 12:00 - 41 minutes - 23.5 MBAfter trying thousands of cases over the past thirty years, I have a fairly good idea what types of cases are likely to be approved. There are certain fact patterns and claimant profiles that I know will resonate with Social Security judges. I regularly speak with colleagues throughout the country to discuss their experiences. These discussions help me educate myself and learn how to be a more effective advocate for my clients. My friend and colleague, attorney Stephanie Joy, facilities...
Best Practices for Filling Out Social Security Disability Forms
June 11, 2023 16:00 - 28 minutes - 19.4 MBDuring the course of your Social Security disability case, SSA will send you dozens of forms. These forms include documents with titles like "Function Report-Adult," "Disability Report -Adult," "Work History Report," "Activities of Daily Living Report," "Pain Questionnaire." Most of these forms are accompanied by a page or two of instructions that tell you nothing about what SSA really wants to know. In today's episode I discuss these forms with my long time friend and colleague attorn...
What Documents do You Need to Win Your Disability Case?
May 01, 2023 15:00 - 34 minutes - 12.4 MBSocial Security disability judges rely primarily on evidence to decide whether you qualify for disability benefits. Within the last few years, SSA changed its procedure to remove "claimant credibility" as a factor that judges can use. In other words, you may appear before a judge who finds you completely believable and honest, but you will still lose if the evidence in your case file does not clearly document a disability. If a judge was to approve you based primarly on your testimony and...
What Evidence Do You Need to Win Your Social Security Disability Case?
April 06, 2023 19:00 - 35 minutes - 14 MBWhat can you do as an applicant for Social Security disability benefits to improve your chances at an approval? This is the third an final installment of my conversation for former Social Security staff attorney Spencer Bishins. Spencer recently released a book entitled Social Security Disability Revealed: Why It's So Hard to Access Benefits and What You can do About it. Spencer writes about a topic that he understands from first hand experience. For over ten years he worked side by si...
Who Gets Hired to Serve as a Social Security Disability Judge and What Evidence do They Need to Approve Your Case?
March 01, 2023 13:00 - 17 minutes - 8.36 MBWhat evidence to Social Security judges find most compelling and convincing? In part two of my interview with former Social Security staff attorney Spencer Bishens, we talk about how a disability judge's background can influence how that judge evaluates a case. Spencer Bishins is a former Social Security Administration staff attorney, serving as a decision writer and attorney advisor to several disability judges for over ten years. He recently released a book entitled Social Security Dis...
Former Social Security Attorney Advisor Says Claim Processing Delays and Arbitrary Decisions are no Accident
February 01, 2023 13:00 - 24 minutes - 10.5 MBRecently the Washington Post and several other newspapers around the country have run stories about the inefficiencies and long delays that are causing terrible suffering for Social Security disability applicants. My guest on today's podcast argues that these long delays and poor service within Social Security are not accidental. He contends that Congress, and by extension, the Social Security Administration makes the disability application process as unpleasant, time-consuming and unpred...
Talking Medicare with Cal Hero
January 11, 2023 22:00 - 28 minutes - 11 MBWhen you are approved for Social Security disability benefits, you also become eligible for Medicare. But you don't get Medicare coverage right away - instead, you don't become eligible for Medicare until 24 months after you first become eligible for SSDI payments. Why this delay? I can find no good answer other than that the goverment wants to save money. When you finally get notice that you are eligible for Medicare insurance coverage you will be asked to either accept the default bas...
What Goes on Behind the Scenes in Your Social Security Disability Case?
May 28, 2021 18:00 - 31 minutes - 18.7 MBWhy 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 ad...
How to Win Mental Health Disability Claims - Part 2
February 11, 2021 02:00 - 20 minutes - 12.4 MBHow 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 ...
How to Win Mental Health Disability Claims - Part 1
January 20, 2021 17:00 - 18 minutes - 12.8 MBWhat 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...
Decision Writer Interview Part Two: Why Judges Approve Claims
November 16, 2020 13:00 - 26 minutes - 16.6 MBEarlier 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 res...
What Should You Expect from Your Social Security Disability Lawyer?
November 03, 2020 19:00 - 24 minutes - 16.7 MBWhat 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 represent...
Who are Social Security Disability's "Decision Writers" and What do They Do?
July 07, 2020 02:00 - 17 minutes - 11.9 MBWould 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 ...
What You Need to Know About Your Medical Records in Preparation for Your Disability Hearing
May 13, 2020 12:00 - 42 minutes - 29.3 MBAfter 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 ...
Finally, Someone is Taking Action to Address Social Security's Payment Delays
April 23, 2020 12:00 - 24 minutes - 17.1 MBThe 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...
How Does the Veterans Administration Disability System Differ from Social Security Disability?
March 04, 2020 18:00 - 35 minutes - 24.4 MBThe 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 Fr...
What to Expect from Social Security Disability in 2020
January 24, 2020 16:00 - 36 minutes - 25.2 MBWhat 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 bene...
How a Good Lawyer Will Prepare You for a "No Drama" Social Security Disability Hearing
November 20, 2019 17:00 - 28 minutes - 19.7 MBEven 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...
How You Can Influence Vocational Witness Testimony to Win Your Disability Case
October 15, 2019 15:00 - 21 minutes - 14.9 MBI 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 y...
Over Age 50 But Don't Meet the Grid Rules - You Still Have an Advantage
August 24, 2019 16:00 - 19 minutes - 13.7 MBIf 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...
Over Age 50? You Have a Huge Advantage When Filing for Social Security Disability
July 23, 2019 01:00 - 15 minutes - 10.6 MBDid 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...
Stand Out from the Crowd and Convince Your Judge that You are Deserving of Disability Benefits
June 18, 2019 15:00 - 14 minutes - 10.2 MBWhat 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 appro...
The Five Elements of a Winning Back Pain Social Security Disability Case
June 01, 2019 11:00 - 23 minutes - 11.1 MBBack 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 testimon...
Social Security Disability Judge Reveals the Evidence She Needs to Approve Your Claim
May 15, 2019 10:00 - 18 minutes - 8.73 MBWhat 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 sti...
Mistakes to Avoid in you Social Security Disability Case
April 15, 2019 04:00 - 25 minutes - 11.9 MBWhat 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 ap...
What Does it Take to Win a Federal Court Appeal
April 01, 2019 10:00 - 34 minutes - 16 MBWhat 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 cas...
What Does it Take to Win at the Appeals Council
March 15, 2019 10:00 - 35 minutes - 16.4 MBWhat 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 Counc...
Seven Types of Activities You Should Avoid After You File for Disability
February 28, 2019 12:00 - 19 minutes - 8.89 MBSince 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...
How Sick Must You Be to Win Social Security Disability Benefits?
February 15, 2019 16:00 - 21 minutes - 9.95 MBHow 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...
Understanding the Process: How Social Security Decides Disability Claims
January 31, 2019 18:00 - 21 minutes - 9.96 MBHow 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 ===...
What is the Difference Between SSDI and SSI?
January 31, 2019 05:00 - 18 minutes - 8.76 MBWhat 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 ea...
How do You Prove that You are Disabled? 3 Proven Arguments
January 15, 2019 05:00 - 33 minutes - 15.3 MBIf 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.com Do you fit within a "grid rule...
How Does Social Security Define the Term "Disability?"
January 02, 2019 05:00 - 14 minutes - 6.91 MBHow 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 ...