Social Security Disability Law Podcast

This 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 witness will classify your past work based on exertional level (sedentary, light, medium, heavy or very heavy) and based on the required skill level (unskilled, semi-skilled or skilled) for that job.The judge will then pose a series of "hypothetical questions" to the vocational expert to determine if a hypothetical person could return to your past work or to any other work given specific work limitations arising from your medical issues.In our discussion, Bryan explains how he has been able to win appeals bas

This 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 have denied a claim.Because hearing  judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work.  Many disability attorneys or non-atto

What 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 prompt a visit from a fraud investigator.Some Members of Congress believe that the Social Security disability system is riddled with fraud.  In my experience this is not the case but I found Greg's perspective informative and practical and I think you will as well.Since retiring from SSA, Greg has started his own consulting business called the Disability Yoda, which you can learn about on YouTube or on Greg's website.  Greg is a great resource for the disability community and I'm happy to introduce him to you.If

How 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 flows and handle the most challenging situations.Since retiring from Social Security, Greg has established his own consulting business helping disability claimants understand and navigate the disability claims process.  His website is at https://www.gregbrinkley.org/.  Greg also publishes videos on YouTube as TheDisabilityYoda where he offers very insightful and opinionated takes about Social Security disability. This is Part One of my interview with Greg.  Next month we'll be talking about fraud examinations - what trigg

Social 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 appears by phone at hearings before numerous judges in several states.In our conversation we discuss how SSA qualifies vocational experts, the resources Stuart uses to identify jobs that a hypothetical person (i.e., you) might be able to perform and some of the problems with outdated resources.I also asked Stuart about what he has learned from attending hundreds of hearings held by dozens of judges.  What mistakes to claimants or their attorneys make and what claimants and their attorneys do well to improve their chances o

After 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 discussions like these in a closed LinkedIn Group called the SSD Zoom Roundtable.  Every month, attorneys and representatives from all over the country gather in a Zoom video room to compare notes and discuss issues that any or all of us have faced.I invited Stephanie back to the podcast to discuss our experiences preparing for and trying cases involving the most common medical impairments we see.  I was not surprised to discover that what works for me also works for her.If you make the difficult decision to file for disabili

During 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 attorney Stephanie Joy  of Joy Disability.  I met Stephanie through the Zoom Roundtable group she hosts on LinkedIn for Social Security disability attorneys and representatives. In our discussion, Stephanie and I discuss the common mistakes disability applicants make when filling out forms and how your lawyer can assist you in better understanding what SSA really wants.As a bonus for my podcast listeners, here is a link to a screen capture video I recorded about how I approach on

Social 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 the judge's "gut feel" about you, then that approval would almost certainly be held by by the Appeals Council before you even saw it.Judges are oblgated to follow SSA's regulations about how to analyze cases. If that evidence is not there you will not win.In this episode I talk specifically about the evidence that needs to be in a winning disability case file.  I speak about the importance of current and on-going medical records, medical source statements about your work capacity and the clinic

What 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 side with numerous Social Security disability judges and he understands what types of cases are likely to be approved and what evidence judges need to see in order to be convinced.In this installment, Spencer and I continue our discussion about evidence.  We talk about mental health cases and why they are so hard to win.We also talk about disability attorneys and how your representative can make the judge's life easier and thus improve your chances at a fully favorable decision.We talk about disability applications and

What 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 Disability Revealed: Why it's so hard to access benefits and what you can do about it.  You can find Spencer's book at his website: Bishinspublishing.com. Spencer notes that some judges recognize that many disability claimants don't have access to quality medical care, and that years of working physically demanding jobs can take their toll, while others judges don't get this at all.He recounts his experience with a low paying judge whose approval rates more than doubled after the judge himself experienced

Recently 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 unpredictable as possible to discourage people from filing and to keep approval rates down.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 Disability Revealed: Why it's so hard to access benefits and what you can do about it.  You  can find this book at Bishinspublishing.com.In part one of our interview we cover the following topics:What do Soc

When 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 basic Medicare coverage (Medicare Parts A and B), or you can choose an insurance option (Medicare Part C) and you can also choose a prescription drug benefit (Medicare Part D).  You also may see advertisements for Medicare supplement insurance that you would pay for in addition to Medicare premiums automatically deduced from your SSDI benefit.If this seems confusing, it is and you run the very real risk of choosing an option with less coverage than you need at a higher cost than you should be paying.My guest today is Me

Why 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 adjudicator for the Social Security Administration.  Currently, in addition to his claimant's practice, Pete represents Social Security employees in negotiations with the Agency so he has unique insight into the inner workings at Social Security.Pete is very opinionated about how Social Security processes disability claims and he does not hold anything back, so buckle up and access this insider information that is available no place else.=============== FREE SURVIVAL KIT ================Don't know where to begin? Downl

How 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 you need to send to the judge to position yourself as a reluctant but deserving disability claimant.If you'd like to listen to part 1 of my interview with Attorney Herman, you can find it here.Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor's Degree in English from Queens College in 2003 and he uses his command of the English language to draft persuasive briefs to help his clients win their Social Security Disability cl

What 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 no longer has the capacity to reliably work.In part 2 of my interview, which you can find here, 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 you need to send to the judge to position yourself as a reluctant but deserving disability claimant. Jeffrey R. Herman has been practicing disability law since 2013 after graduating from Concord Law School in California. He received his Bachelor&apos

Earlier 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 resonate with disability judges and how your lawyer's advocacy can affect your chances of winning.I hope that you find Cameron's insight about the Social Security disability decision making process as valuable as I do. =============== 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

What 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 represented hundreds of disability clients before both the Social Security Administration and before the Veterans Administration, so she knows about backlogs, delays and bureaucratic inefficiency.But Lisa also has some very strong opinions about how lawyers should keep their clients in the loop and what you, as the client of a disability lawyer, should reasonably expect from your attorney. As all experienced disability lawyers know, your hearing is the last step in a long process of preparation, with most of the work done in the wee

Would 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 to the judge but the words of the decision are often written by a young lawyer who, of course, was not actually in attendance at your hearing.In this episode, I speak with attorney Cameron Connah who is a former decision writer for Social Security.  I know Cameron because he worked for me as a paralegal prior to attending law school and he graciously agreed to appear as a guest on this podcast to explain what he did as a decision writer.Because SSA uses decision writers, judges have less leeway to approve a case

After 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 given?My guest in this episode is attorney Holly Booksh, an experienced Social Security disability attorney practicing in Johnson City, Tennessee.  Holly has put a great deal of thought into how she prepares her clients for hearings and she shares her insight with us.As you will learn, Holly starts her hearing preparation as soon as she is retained. She knows what type of information that judges need to understand your impairments in terms of your work capacity, and she teaches her clients how to think about and express thems

The 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.Washington state attorney Maren Bam decided it was time to do something about this problem.  Maren and business coach Rocco Luongo created a grass roots lobbying effort called DIB Deadline to pressure Congress to impose a 60 day deadline on Social Security to release retroactive payments to claimants who have been approved.As Maren and Rocco note on their website "our citizens should not have to choose between medicine and food.  SSA should not be free to delay payment of benefits with no accountability to anyone.