Social Security Disability Law Podcast

The federal government administers two huge disability programs - one for workers who can longer reliably perform a full time job (Social Security disability), and the second a program that pays cash benefits to soldiers injured while serving in the armed forces.You would think that the standards and procedures for obtaining disability benefits would be similar for these two programs...but you would be totally wrong.In this episode, I speak with attorney Jessica Friedman, owner of the Friedman Law firm in Birmingham, Alabama.  Jessica and her firm handle both Social Security disability and VA benefits so she is able to educate us about how these programs are similar and how they are different.You can reach Jessica at 844-203-8680 if you would like to speak with her about VA disability benefits.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2===========================================

What are the trends that we are seeing in the Social Security disability world and what can you expect in 2020 and beyond.If you have an active application for benefits, or if  you have already been approved but are concerned about a possible "continuing disability review" you need to educate yourself about the big picture as seen by a Social Security disability lawyer who interacts with SSA on a daily basis.A quick warning: Social Security continues to make it difficult to win SSDI benefits and they are becoming more aggressive in trying to terminate benefits for those already approved.  But SSA has also let us know what types of evidence will be most helpful whether you are trying to recover benefits or trying to preserve what has already been awarded.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE E

Even though Social Security disability hearings are considered "informal" you will no doubt be stressed when you appear before the administrative law judge.  Judges are very busy - often understaffed and under pressure to close cases quickly.Experienced lawyers know that thorough and complete case preparation will make your judge's life easier and therefore make the entire process go smoothly.In this episode, I speak with attorney Lisa McNair Palmer, a disability lawyer from Oklahoma who explains how she prepares for "no drama" disability hearings.  Lisa starts her case preparation with a specific goal in mind - that her client should walk out of the hearing office feeling satisfied that nothing was left on the table.  All evidence that could have been submitted was in the record.  Everything that needed to be said to the judge was part of the testimony.If you want to know how a seasoned lawyer prepares her cases, this episode is for you.For more information about Lisa, visit her Link

I get a lot of questions about Social Security disability hearings.  Disability hearings are unlike other court proceedings you may be familiar with because there is no attorney on the other side representing the Social Security Administration and the judge in your case serves as both a finder of fact, and SSA's representative.  Another bizarre element of SSD hearings involves the presence of a professional witness - someone you have never met - but whose testimony will determine whether you win or lose.This professional witness is called a vocational expert witness and in this episode of the podcast I explain who serves as a vocational expert (the "VE") and what they do.More importantly I will explain to you the steps you can take to influence the VE's testimony.  The VE and the judge speak a kind of shorthand language - once you know what they are talking about, you and your lawyer can prepare your testimony to give the judge everything he or she needs to ask questions of the VE that wil

If you are 50 years old or older you have an advantage when applying for Social Security disability.  In the last episode of this podcast I talked about the grid rules - a shortcut to winning for those over age 50.  But not everyone fits into a grid rule, so what can you do?In this episode of the podcast I reveal other proven strategies for winning disability benefits if you are age 50 or older but do not fit into a grid rule.  Perhaps you do not fit a grid rule because are highly educated or perhaps your impairment does not impact your physical capacity for work.  Experienced disability attorneys know that clients over the age of 50 have an advantage and your testimony is more likely to be accepted as truthful and convincing than would be the case for a younger disability applicant.  Learn how to make your age and work history work in your favor when you are seeking SSDI benefits.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Su

Did you know that Social Security has a built in bias in favor of disability claimants over the age of 50?  In addition to claiming disability based on SSA's listings, or presenting evidence of diminished capacity for work, the grid rules allow many claimants over 50 to win disability benefits even if they still have the ability to work full time.Social Security recognizes that entry level jobs for workers over 50 are difficult to find, especially those with a high school or less education and limited work skills.As I discuss in this episode, the grid rules (also called the "medical vocational guidelines") apply to claimants over age 50 with physical limitations.  You also need a doctor to classify your physical capacity to sedentary, light or medium work.I look at the grid rules for every client I speak with who is over the age of 50 - you should do the same.Let me know what you think.  What other advantages can disability claimants over the age of 50 use?Resources mentioned in this episode:Gr

What makes your Social Security disability claim stand out from the 20 or 30 other cases that your judge hears during the week your hearing is scheduled.  Every other person your judge hears from that week, that month and that year sincerely believes that he or she is disabled and deserving of disability benefits.Statistically, Social Security judges approve around 45% of cases they hear, which means that they turn down 55% (more than half).  And some judges have a lower than average approval rate.So what can you do make your case stand out?  Obviously, medical evidence is a big factor - if your medical record does not support a finding of disability you probably won't win.  However, there are many cases where the medical evidence is solid, but not overwhelming.In these cases, the deciding factor can be your credibility and believability.  In this podcast episode I give you an example of an average to below average case that would be much stronger if the claimant demonstrated by his actions that he was w

Back pain is perhaps the most common ailment for adults in the United States, so it is no surprise that Social Security disability judges see more back pain claims than any other medical complaint.Because back pain cases are so common, yours must stand out if you hope to win.  In this podcast episode I discuss what I consider to be the five elements of a winning back pain case based on over twenty-five years of representing deserving clients.If the evidence in your case and your testimony follows the profile I set out, you will be providing the Social Security administrative law judge the information he/she expects to see in a strong back pain case. =============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact m

What type of evidence does a Social Security disability judge need to approve your claim?Social Security defines disability in terms of how your medical problems impact your capacity for work.  But your judge won't approve your claim unless your file contains compelling evidence supporting your claim.In this episode, I discuss the strongest evidence you can have in a disability claim.  I also explain what you can do if the "best" evidence simply does not exist in your claim.  You can still win, but you have to think outside the box and give the judge both medical and non-medical evidence and compelling testimony so that you will receive what every disability claimant wants - a fully favorable decision.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one wou

What are the common mistakes that you need to avoid when filing your Social Security disability claim and appealing a denial.  What do you need to watch out for at your disability hearing?In this episode, I interview Chicago Social Security disability lawyer Jonathan Pearson.  Jonathan lives and works in Chicago, where he represents disability claimants in Chicago, Evanston, Lake Forest, Orland Park, Schaumburg, and Downers Grove.  He represents claimants at all stages of the disability application process and he shares his extensive knowledge about disability law on his website and blog.In our conversation Jonathan and I discuss some of the common problems that derail even the most deserving SSDI and SSI claims.  You greatly improve your chances at winning disability benefits if you speak Social Security's language and you understand that every word you write or speak in pursuit of disability benefits is important.As Jonathan notes in our discussion you should never assume SSA understands what you are t

What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well?  Do you have any remaining options?My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court.  As we will discover, federal court judges are looking for significant errors of law or analysis by the trial judge and the Appeals Council.  Only a small percentage of cases will be successful at the federal court level - so an attorney like Karl who focuses on Appeals Council and federal court work is so valuable.Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council or federal court appeal is likely to be successful.  I hope that this episode helps you understand more about SSA's post hearing appeals process.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” S

What happens if you lose at your hearing?  What are your options?Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520.  How do you know which way to proceed?My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court.  As you will learn, the Appeals Council is not concerned about whether or not you are disabled - the task of the Appeals Council is to determine whether the hearing judge made a mistake of law or fact.Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council appeal is likely to be successful.  I learned a great deal about how the Appeals Council works and about the types of issues in unfavorable hearing decisions that are likely to support a remand or reversal.=============== FREE SURVIVAL KIT ===============

Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay.In this episode I discuss seven types of activities that you should avoid while you wait for your court date.While disability judges don’t expect you to sit at home and stare at the wall for three years, they will be suspicious if you testify that you engage in certain activities.For example, one of the activities that can raise a red flag for your judge would be testimony that you “help take care of” an elderly relative or friend.  In your mind, you may see this task as simply sitting with an older person solely to provide companionship.In the judge’s mind, however, your role as a sitter requires regular attendance, focus and attention, physical strength (if you have to help the older person move around), food preparation skills, communication skills and overall reliability. If

How do you know if you are sick or injured enough to win Social Security disability benefits?While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now.If your impairment is physical or involves a damaged body part or system, Social Security disability judges want to see objective evidence of your problem.  Ideally, this takes the form of an MRI or CT scan, an ultrasound, a pulmonary function test, blood test or any other medical test that confirms a specific diagnosis.  This is why pain conditions like CRPS or fibromyalgia have become so difficult to win.Judges also look for a long and consistent medical treatment record, and support from your doctor - ideally a specialist - the form of a functional capacity evaluation or narrative report.My experience has also been that a long and consistent work history goes a long way to establish your credibility, and judge expect your treatment to follo

How does the Social Security Administration decide your case?   As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies.  Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing."In this podcast I will walk you through the timeline of an average case and point out when you have the best chances at winning.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If you or a loved one would like a case evaluation for yourSSDI or SSI case, please contact me athttps://bit.ly/Contact-Jonathan-2=================================================================== CONTACT ME =================Jonathan GinsbergSocial Security Disability Attorn

What is the difference between SSDI and SSI?  As I discuss in this episode, SSDI stands for Social Security Disability Insurance.  It is an insurance program and the payroll taxes you paid while you were working are the premiums.You earn insurance "credits" based on your gross earnings.  In 2018, you earn one credit for every $1,320 of gross earnings.  You can earn a maximum of four credits in a calendar year, so once you have earned $5,280, you will have all four possible credits.The earnings requirements for previous years are slightly lower and the earnings requirements for 2019 and beyond will be higher.It does not matter when during the the year that you earn your credits - if you earned $5,280 during the first week of January in 2018 you would be covered for the full year.One thing to keep in mind, however - SSDI requires that you earn 20 credits during the 40 quarters ending the year before you become disabled.  This is called the "5 out of 10" rule because it roughly translates int

If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled.  In the last episode, I explained how SSA defines the term "disabled."  In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition.The three arguments you can use are:Do you meet a listing?  Learn more about this argument at my website MeetaListing.comDo you fit within a "grid rule?"  Learn more about the grid rules at  my website Gridrules.netDoes the medical and non-medical evidence in your file prove that your capacity to function at work has been so reduced that you would not be a reliable employee at even the easiest, entry-level job.  This is called the "functional capacity argument."=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2=============

How does Social Security define the term "disability?"  Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death.What does this mean?  In this episode, I unpack this definition so that you know what you have to prove.  And if you know what SSA needs, you can make sure that every form you fill out and every statement you make addresses this threshold question - do you meet SSA's definition of disability?Get a Free & Confidential Case Evaluation Now.  Visit www.ssdAnswers.com/Contact and fill out the short form - I'll let you know what I think.=============== FREE SURVIVAL KIT ================Don't know where to begin? Download my free“Secrets of Getting Approved” Survival Kit athttps://bit.ly/SSD-Survival-Kit-2============================================================== FREE CASE EVALUATION =============If