I was denied disability the first time. I watched this mans videos. When I applied again and did what he suggested I was approved in 3 weeks. Ginsberg saved my life and he didn't even represent me. Thank you
Thanks to great information from you , it made the Journey much more tolerable , you helped tremendously , Thank you for your timely , concise information, Thank you Counselor, Thank you
@@thebootielover oh I apologize for the misunderstanding. I filed an initial claim and was denied twice as is normal in most cases for my 3rd attempt hired an attorney ( and have only amazing things to say for them!) and had a hearing, within a few months I had the judges full verdict. Honestly I think the fact I had experienced another very serious injury back in 98 but just continued to work for all the years after showed the judge I was only seeking disability now because I am truly out of other options. The job market was still closed up at time as well
@@josephskiles so in so many words it kind of seems like you should go through the first two without a lawyer and get a lawyer your third try? Congratulations on the win!🙂
i wish all of us could get together and get read of this inhumaine practice against all of us i am blind and you are blind not to see how people live in horror everyday
Ikr how do you describe how much you hurt , it’s really hard , I want to say just because I am not flopping on the floor like a fish doesn’t mean I’m not hurting
I am now waiting to see the ALJ judge after my initial and reconsideration both resulted in denials. It's a struggle to keep my head above water. I never thought I'd say I miss working but once you can't do it you really do miss it. It's hard to not get discouraged,and the waiting is brutal.
Yes it is and you have the right attitude - make sure to let the judge know how much not working has impacted you both financially and in terms of your socialization.
I just got approved thanks to an appeals counsel who completely overruled and disagreed with everything the judge said. The judge mistreated me and my witness horribly, and trashed on my attourney, and he didnt even look at the medical evidence. He went over the list and denied everything and threw out the opinions of the adjudicator immediately, and wrote that the adjudicator was wrong and unqualified. He said that about multiple doctors including several of the government SSI doctors that evaluated me specifically for the SSI case. I cannot believe how absolutely inappropriate my judge was with handling my case. I can't believe how insulting and rude he was to everyone involved. How can a judge like this still be on the bench? This is so unfair and humiliating, not just for me but my attourney, and my witness as well.
Your experience is a symptom of a systemic issue in Social Security disability adjudication. While most judges are very hard working and sincere in their desire to do a good job, there is a systemic problem (in my opinion) when the approval rate among judges in the same hearing office can range from 15% to 70%. SSA has been aggressive in rooting out judges with unusually high approval rates but not judges with unreasonable low approval rates - see nosscr.org/disabled-workers-in-sc-roll-the-dice-when-drawing-judges-to-decide-their-benefits/.
Tell me about it. I wasted 15 years getting two degrees I'm too sick to use & SSA holds it against me. Sorry I busted my butt trying to better myself, Judge. It's really inconvenient for me, too. I'd love to be working but I can't even go to the grocery store by myself anymore & I'm so depressed I can't manage to shower. Hopefully I'll still be alive in eight years so I can use your stupid, discriminatory grid system.
Basically you do, my brother got his disability January 2017, he died February 1st 2017. He had a bad heart, he was in and out the hospital and got letters from the doctor stating that he was disabled and it took them along time after that before they gave it too him. I would not recommend no one unless they get a letter from the doctor stating that I can't work. Doctors are not going to come out saying that you can't work.
for the first stage that is pretty much the case or either VERY listing level . For example, my father got his quickly because he had cancer ( twice) and the doctor had told him you are dying ( well clearly that qualified) or if someone has a condition that is lifelong such a person ( particularly if it is a condition that worsens over the years it is hard to get.
@@cecerwill40 Woow I'm waiting on my hearing now... plantar fasciitis in both of my feet and achilles tendonitis in both of my legs can't stand or walk or sit for a long time its ruff
Because they are evil as f....that's why my mom was totally paralyzed from a car accident that left her totally paralyzed from head to toe was denied 2 times when she did got approved she died same dam year
Dr.Jonathan I really appreciate you taking out your and expertise in sharing your videos,it has helped me understand in many way these grueling process.I’m at my 3 or fourth denial and appealing at this with a new case with a lawyer.I hav learned a lot and continue to watch your videos.Thank you!
This system is messed up. I have a family member who got approved at initial application stage and they were working and had only seen one specialist and had one x-ray. Yes they need hip surgery but they were still working and have not had surgery. It makes no sense to me.
I just applied for ssi and I'm working part time and have been the last year and half.Prior to that 5 yrs not working tried again off again for 4 yrs.They fought me over my back,3 surgeries 2 of those were failed fusions.I have been living in chronic pain since 23 yrs of age im now 55.I gave up on that claim.Now lung disease tore rotorcuff,tear at the elbow pinch nerve at c7 causing pain in that arm along with tennis elbow my left arm is basically done.I will see where this claim goes!
Got ssi in 6 months first try no lawyer spinal stenosis ,3 herniated disc by mri panic disorder etc got bk pay in 30days..Illinois resident functional compacity forms filled out at beginning of application by doctor and psychiatrist and podiatrist and 4 months after applying these forms matter..also pain clinic and physical therapy records help..I'm also 33 I turned in all my records myself ..I mean all I didnt wait for ssa.i called and made sure my caseworker got them I stayed on them..you have to keep in touch with your dds caseworker I also was still sent to ssi doctors..just go...that's why 2 sets of functional compacity forms was filled out my disabilities got worse during process get those forms done asap and most my disabilities met a listing which my docs noted on forms I watched these videos and became my own lawyer ty for all the advice
The judge that I saw had a reputation for being nasty and disapproving people. All attorneys are familiar with her bad attitude. I was unlucky and was assigned her for my case. I am at the appeals stage.
I've been dealing with depression, anxiety, PTSD and OCD for my entire adult life. I'm 48 yo and I've been struggling going back and forth between trying to work and be on my own AND applying for SSI. I keep getting denied. I'm at my wit's end because it seems like they think you have to be uneducated in order to be disabled.
@@rebeccagreen9240 I was in the same spot at my last job, my bosses put up with the little I could do until I had to leave. I took 6 years until approved, would have starved if not for family, owe them alot. Hang in there, I wasn't meaning to offend you , I hope things work out for you.
49 years old failed back surgery, just had total hip replacement. Dr. States disabled from work, explained medications, sitting standing taking breaks missed work. Still waiting on reconsideration level since May 2018. Called and found out they were still waiting for hospital report. I had it so sent to my attorney. Now I'm still waiting.
I live in Perry, Florida and my ALJ hearing was Judge Joshua Heller. His approval ratings is in the 40% percent tile. Unfortunately my claim was denied. Although I did get SSI as a child but I guess I don’t qualify for adult benefits. I also continued to receive benefits during the appeals process. And not to long ago I got hit with a overpayment of $10,000 from August 2017 to October 2018. What should I do?
Peyton Cannon Hi, can I ask you what kind of benefits you received, is it thru your employer? I qualified for long term disability, which helps me right now. Do you think I will receive bill too?
Sadly. This ss system need to be revised. Agree, we paid into this DI only to be denied. That is SO unfair. Where is the money going for those who died waiting. There is no justifiable way Social Security can explain that. Making us all earn our way ,to maybe some day we can get paid for our disability. Instead we get denied. This system is BROKE!
Not only that but it's just bread crumbs anyways. The lowest paying job on the planet will get you more than ss will give you but for some reason this bs system thinks we just want to be lazy and broke. I was grossing over 1500 a week and now i can't even flip burgers but these bastards won't even throw me a crumb.
Hello! Thanks for the informative info....My question is please my 4 year old SSi/SSD CASE is up for REMAND within 8 weeks..Excepted for a 40 hour full time paid training that could lead to a full time desk position, really overwhelmed living in despair each month... Please advise. TIA
Despite supposed compassionate applicatio and listing found in POMs, I was still denied. I gave rep at SSI office copy of doctor's diagnosis of the same at time of filing. Wish I would have hired Ginsberg initially. Firm I'm using does not appear to be familiar with Spinocerebellar Ataxia.
I was 36 when I had a farm tractor accident and I applied 6 months later and was denied. I was dealing with a lot of back trouble and was getting injections in my spine but was denied so I went to a lawyer and they looked at my medical situation and decided to represent me. It took 3 years before my case was sent to a judge. In that time I had 2 spinal surgeries lower lumbar and cervical. I got a letter from the Judge approving me for disability and he also wrote me something seemed odd. He said that he was reprimanding or what ever it was he could do to the ones responsible for denying my claim. He didn't need a hearing that I was clearly disabled on the fact that I was unhireable. Since I had implants in my spine hiring me would put any employer at risk. Something I had ran into when trying to actually try to go back to work. More than once I put in applications and got interviews but soon as I disclosed my back injury and surgery I wasn't wanted. Kinda hard to work when you can't get hired because of your condition. I am almost 62 now been on disability for along time now but after this long and my age they still periodically review my case but still reach the same conclusion. I have had to date now 4 back surgeries 2 lumbar and 2 cervical. So it's not like it gets better with age. Add to that now with pain medication being taboo and doctors can no longer prescribe long term pain meds things have even got harder.
I watched this video a year ago. Not too long after I started the appeals process for an ALJ hearing. Well, I finally got a hearing date a little over a year later. Then I was told it was postponed or cancelled. They said they sent me a notice but my attorney hasn't heard anything and neither have I, in almost a month. I already waived my 75 day notice for my phone hearing and the ALJ cancelled or postponed the hearing 3 months before it was even supposed to be heard. At Step 3 of the appeals process. The only thing I can think of is. Is that I'm another year older 49. I've been diagnosed with 2 other impairments cardiovascular insufficiency, peripheral artery disease and rheumatoid arthritis in the last year and half. I've been being treated for over 12 months for both along with my back and neck surgeries and updated MRIs. Showing my back and neck have only gotten worse since my last surgery in 2022. I was also diagnosed with bilateral carpal tunnel, during my wait and need surgery. I have EMGS, MRIs, Dopler, Ultrasounds with Dr notes. The MRIs are only 2 months old. Lumbar spinal stenosis with nerve impingement and DDD. Cervical DDD and arthritis disc bulge 2 levels. I've already had a neck surgery in 2007 and lumbar surgery in 2012, and 2022. I was diagnosed with chronic pain syndrome and being treated by a pain management Dr, rheumatologist, orthopedic Dr and vascular Dr. Im holding off on another back and neck surgery. I'm tired of getting cut open. My attorney told me to wait for the notice to come in the mail or my portal and seems to not to understand what is going on. Personally, I don't think he's familiar with my case and the amount of objective evidence I've sent to his office in the last year and half. I've spoken to him 3 times in a little over 3 years. My case has already been transferred out of state due to backlog and now it's been postponed or cancelled. My patients is running thin. Thank you for all you do
I. Have an overpayment case with social security and they stop my income, i called all types of lawyers they cant help me because i can't pay them, what do i do?
Mr Ginsberg a little off topic I was wondering about when an attorney does an on the record decision can you use medication side effects and grid rules to prove someone is disabled?
Thanks for the info I have cad on 13 different medications for my heart including injections every 2 weeks some of these meds make it impossible to work fluid pills and some other strong meds. Just taking this many scripts doesn't seem normal. Thanks again
What kind of job lets employees deny most people, emotionally and financially damage those same people, and be WRONG - and yet THEY get pay with benefits - SOCIAL SECURITY!
Well, to a certain point remember THEY have to eat, and especially if the judge is older and will have a tougher time getting a new job ( same reason that older people have an easier time winning.
It feels like a lottery when you are going through this. My neighbor is healthy and spends all day about 5 times a week grooming his yard, doing excruciatingly hard labor and even comes over to help me mow my lawn when he sees me collapse after mowing a few strips. I used to take about 30min to mow my lawn but now it takes 3 days or more. I go to different doctors every week so that is my job. Even with excellent health care I still am spending $350 to $400 a month on copayments. The meds cost about $200. My neighbor doesn't even see a doctor but twice a year. Plus he drinks all day. He got it on the first try and I'm waiting on a hearing. I swear it's a coin flip.
Jason Lupo same with me & my neighbors. I don’t do any outdoor work and I’m 42 and on disability but I have 65 yr old neighbors on disability who are buying boats & motorcycles and hunting & fishing. I guess everyone’s disability is different but to me if you are disabled then be disabled.
thank you for your time and vids it really helps to understand ssdi laws i still waitin to see judge 6 herniated dics bi lat carpal tunnel and a fatal sinuse disease 3 operations later stuck with a trigeminal nueralga sever crainial nerve damage and high blood pressure caused by too much chronic pain i have no energy or strength to work too dangrous 60 to 65 age braket. not sure how long i can wait for help. thanks for your help.
A dismissed case occurs when a claimant stops pursuing his or her case - not returning forms, not appearing at a hearing, etc. A denied case is one where SSA makes an evaluation of the evidence and decides that you still have the capacity for work.
Seems as if the people who isn't truly disabled gets it faster then those who truly needs it. I have Lupus and Mixed Connective Tissue Disease and Sicca syndrome and Severe Sleep Apnea and Carpal Tunnel and PTSD hard to get a lawyer to take my case. Im 32 got denied once this is my second round hope to get it this time around
Victoria, it is hard to win SSD at age 32 no matter what the impairment. I also find it increasingly difficult to win cases where there is no objective evidence (like an MRI or CT). Lupus and mixed connective tissue disease are autoimmune disorders that can be hard to prove. I have the most success with these cases if I can get a specialist to issue a work capacity opinion.
@@ssdattorney it's hard to get a doctor to suggest no work. They want you to push through. It's extremely hard to maintain work with these conditions. I was out of work but now I'm back in the work force trying to find some kind of employment that is not hard on my joints besides the bills are due!!! Waiting on SSDI I will be homeless!!! 🤦
Hello Mr Ginseng, now can my attorney put in my new things I now have a care giver and I started at the pain clinic the next day after my appeal August 14,2018.
I spoke with my rep.to notify him I am sending my questionnaires in on the cusp of the 10 day window.He stated "don't worry,I am still waiting on your medical records".So I obtained all my records myself and sent them in WITH my questionnaires. Will that help me?
I initially applied in 2009 at 31 years old from both knees being shot my spine being shot my back muscles and nerves shot severe muscle spasms throughout my back high blood pressure and severe ADHD with clinical depression and anxiety disorders and severe sleep apnea I have to take 9 oral prescriptions a topical gel prescribed medication and a cpap I want to work but my body won't let me and several drs has put in my records that I can not medically go back to work they've denied my case for 13 years the first judge I was in front of wouldn't let my lawyer argue a medical point that was raised by the judge or vocational expert the second judge never once mentioned any of my medical conditions he just asked questions about the fraternity I belong to and the last judge acknowledged my health problems but still denied my case
In Texas Hearing approval rates are about 30%. My ALJ has an approval rate of just 22%. 2 months now since my hearing and I'm still waiting for a decision.
You are correct - just about everyone who applies believes in good faith that they are eligible. The question is - do they have the evidence to prevail?
um i got disabled in school and due to my disability im unable to work and unable to risk dropping out because I can't hold a job. They count college as work and my age against me. So i shifted everything to accommodate me. I have seen mutiple doctors, i have blood records , long history of it and the more i wait to see this alj the more uneasy i feel. Doesn't help my mental health and my medical problem prevents me from going outside. i hope the best for everyone out there and hope we all get a fair hearing. i only have one shot or i dont know what ill do. i haven't been more scared.
Nice video!!I applied for ssi feb20th.March 12th the adjudicator stated was able to make a quick decision due to receiving my medical back very quickly, said now needs to give to dr to review and sign.Online shows processing step2 of 3 determination pending.Does this mean I've been denied? I'm 55 limited education no skilled work since 2006 and off 9 yrs due to health issues.Im working part time 500 a month income for the last year and half.
It would be nice to know how evidence is weighed. It seems very radical and all over the map. Same two cases can easily be ruled different. The evidence and manner it is judged, should be clear. And not some secret society where only those in power understand how a case is judged. Civil court, nor criminal courts operate with such carelessness.
Yes, there is a certain lottery like element to SSD decisions - I saw this article last week: www.postandcourier.com/health/disabled-workers-in-sc-roll-the-dice-when-drawing-judges/article_a27bee44-1517-11ea-8dbf-e7c8b74a8206.html
I knew people like this too. My old neighbors were on drugs and both got SSI. They had people at their house day in and out taking them to buy drugs and sat around all day doing them. One of them said he had a back issue and mental problems and the other said she had mental issues. I have no idea how they got it when people who are basically on death's door can barely get it. SMH
BLACKDUST they probably don’t have the education and if their drugs users they don’t need to be around working people...they probably get only 700 per month anyway what a life.
I have a letter from my doctors office stating clearly that I have depression, anxiety and PTSD. I also fell 27 feet off a steel beam and it required three screws installed of which two broke immediately after they were put inside my foot. I received a double compression of my lower spine and I broke my pelvis in the front which I was told would never heal because it essentially is the body cradle and always in use. I was 25 when I fell and I tried hard to keep jobs after I fell but now I'm about to be fifty and I have no job, no income and I've been homeless a few times as well because I can't successfully hold a job without excessive sick days or call in's to stay home. The pain in my back requires narcotics that I can't afford because I don't have insurance or charity care to use. I live using food banks and food stamps. At one point in 2014 I even got committed to Holly Hill Hospital by my father and sister because I was seen with a pistol in my mouth. I go in to my lawyers office in two weeks for an over the phone hearing. I'm scared. I don't want to go but I really need medicare to help me and I know this world doesn't owe me a damn thing.. but I'm hurt and it isn't going to get better at all unless I get help. Physically and mentally, I need help. I'm grateful for what I get. It hasn't been much but I'm still grateful. What can you do when you've lived your life and now your body is what's stopping you from a chance to be of service to others and to yourself? It seems like there is a gap in this greatest of nations that needs to filled. Why does our government allow someone to get to their lowest point of nothingness while they wait for a decision from some clueless judge that doesn't even know what I've been through and who will tell me no once again and have me begging them for real help? There should be some form of help for those who patiently wait for an outcome. Something in between the filing and that inevitable no that most will hear. Any words of wisdom on that? Patiently I wait.
The whole process is a crapshoot. I just got an unfavorable decision at the hearing level (SSDI). I'm 39 with multiple physical and metal healh issues. Arthritis in Neck, Back, Knees. Bulging discs in my back. Carpal tunnel, Tendonitis, ganglion cyst, de quervains tenosynovitis in my hands. IBS/Diverticulitis. Kidney stones and Chronic Prostatitis. Vertigo. Depression, Anxiety, PTSD. I may also have fibromyalgia but have not done the testing for it yet but it's in the records and was on the denial letter. I know my depression is severe, but apparently they dont care. I also told the judge i just lost my Dad to Covid-19. But he still denied me. I really wish i could work but i absolutely cannot work. So what needs to get worse for me my second time around? There were also some "inconsistencies" in my denial letter. It's like everything you say has to match up perfectly with the medical records if not you become not credible. I have two young children to care for so I'm absolutely devastated. Also, i think the judge thought that i want to be a stay-at-home Dad even though i told him I'm extremely limited and i can only do so much with my kids. Appreciate you and thank you so much Jonathan!
Just ran across your YTube Channel today in my search for answer's why I keep getting denied any SSD benefit's after 8 year's. I've always represented myself and been my own self advocate even after applying a second time, having a Hearing being denied again and being denied(agreeing with the Administrative Judge's decision) by the Appeals Council in Falls Church, VA., after submitting A Request for Review of a Hearing/Decision. I even had a Stroke last November of 2018 that I reported with my local SSA office to report to the Appeals Council as additional reasoning to support my case and in my letter of denial from the Appeals they didn't even seem to acknowledge my Stroke nor my original reasoning for submitting A Request for Review of a Hearing/Decision. My letter from the Appeals made me suspicious that the Appeals Council employee's even exist or work and rather some intern maybe briefly read my submission form and put it in the "dump file" after me waiting 8 month's to basically hear a "yeh or ney" approval of my needed SSD/SSDI. I personally think the whole SSA and those who work or are employed under the direction of needs a major overhaul and restructuring, let alone be put under Federal investigation. A person disabled and in need could careless about a Administrative Law Judge's rating's, approving or denial percentages of individual SSD benefits or their personal employment status. So what if they lose their job and retirement benefit's, they're still able to work and are employable til their retirement. How can in my Hearing, representing myself, have a State Employment Specialist attending the Hearing tell after questioning by the Administrative Law Judge that I'm not even able to work or fall into the category of listed job openings of unskilled labor that he told all in the room, yet 3 month's later in the mail I finally I get denied(my denial letter/packet/practically a book you could careless to read through) once again based off this Administrative Law Judge's decision and a SSA's Attorney whom I was told review's my case and Hearing and submit's their review to the Administrative Law Judge? This was my reasoning I submitted on the Request for Review of a Hearing/Appeals, besides later reporting my Stroke as more reasoning I had and in my denial letter from the Appeals it didn't even mention my reasoning or as if the Appeals bothered to listen to a recorded copy or the part of my Hearing of the testimony or questioning/answer's of the State Employment Specialist. It all boil's down to "Money" when it come's to the SSA and those in desperate need of SSD/SSDI Benefit's that truly do need them. I've tried for SSD Benefit's 8 year's now and in my case I'm 51 years old and I've worked hard since I was a teen being employed for year's, served my Country in the Military, paid for a College education and had taxes deducted from my pay checks. When a work accident in 2011 and recent Stroke in 2018 deter's or debilitates my source of income and took away my quality of life I once had and was able to perform, I don't think it's too much to ask for from our SSA for a little help! So what if there's "key" form number's from Doctor's or health professional's that the SSA look's for when screening applicants for SSD Benefit's? If I myself haven't worked since 2012 and tried for SSD/SSDI Benefit's for 8 year's now, isn't that a indicator or proof enough to someone working in the SSA or direct employment of that "hey" this person is being truly honest despite what his medical records show, a Administrative Law Judge's lack luster decision is or your SSD case doesn't show because they don't have "key" number' that jump's out at someone working and reviewing your case for the SSA? The SSA and those who work in the Government area of the SSA needs to be investigated for wrong doing of people in need instead of their income and "French Benefit" job they hold. Also I mentioned I've represented myself through my whole process of applying for SSD/SSDI in my first application and second which led to my appeal and request for a Hearing which I had in April of 2018. I personally felt that "why" should other representation be needed and if I had been approved my benefit's that would be paid for their service's for money/taxes I had taken out of my paychecks and yearly income taxes? Strange thing was my Administrative Law Judge in my Hearing agreed with my efforts to represent myself. If I decide to apply for SSD/SSDI Benefit's a third time I would probably seek or consult with a Attorney because after my past experience's with applying for SSD Benefit's and being my own advocate it point's kind of shout out at you and your knowledge of this whole SSA system in the U.S. that it's more about making other's way of life and income rather than disabled people truly in need of what little income they can receive in SSD Benefit's.
I really need help; I’m 32, I have tried working, tried college (to no avail), I have chronic fatigue syndrome, bilateral nerve damage and DDD/osteoporosis, chronic anemia that’s resistant to supplements, severe anxiety and depression. I spend most of my time in bed. A few days ago, the ALJ decided my claim was still unfavorable even after my doctor filled out a thorough 5 year assessment RFC that I can’t work consistently where I can do substantial gainful activity. I really don’t know what else I can do. My lawyer says I’m definitely disabled and advises against a work attempt, even though I know I can’t and she says the ALJ is only using my age to deny me. For me, I don’t care about the money itself, but my financial options are adding more stress and I don’t feel I can continue to comply much longer. What can I do? It’s the 3rd time at the appeals level.
Hey jonathan how are you? I’m currently trying to get SSI and I’m 20 years old. Due to the fact that I’m so young, I know this can be very difficult to get approved. I have severe anxiety, depression, ADD, tics, and bipolar. I just went to my exam yesterday, I think it went well. I think it went well because the lady doing the exam looked like she genuinely felt bad for me😂 so I took that as a good thing. I find it extremely hard to work almost impossible with my severe anxiety. I have constant feelings of doom and paranoia that something terrible will happen. I went to a mental hospital four times throughout my teen years and I still self harm. I’ve been to multiple outpatients, juvi (also have behavioral issues), and I’ve been to multiple inpatient centers such as two rehabs as I was struggling with drug use two years ago self medicating. I am now clean but taking methadone(this is to keep me clean and it’s done a wonderful job and I’m lowering my dose every two weeks I’m only on 40 mg now I was on 97 mg before). I also have severe insomnia due to my anxiety. I hope I get approved. After my exam how long will I have to wait? Also, I’m filing for SSI so does everybody have to do a hearing? Or is that just for disability. Thanks John prayers go out to you. ALSO, I do have a lawyer and he’s been here throughout this whole process. I hope my chances aren’t slim to none due to my age.
Younger claimants can win for mental health issues if the record is very strong and the doctors support you with narrative reports or functional capacity evaluations. I think that it is a good sign that you found a lawyer to take your case, given your age.
Jonathan Ginsberg I just got denied by a judge and she changed everything that I said at the trial and disputed my Doctor letter. I even gave her copy’s of my specialists notes for my Arthritis condition all the way back 15 years ago from the onset of my degenerative disease. She changed what the notes said and picked notes to address that more tests was suggested to get a view that gave a clear understanding. My attorney was negligent and did not have my Doctors notes on file. So I went and got and took back. The trial proceeded with no records. The job specialist implied that I was able to work. The Judge used her decision as another reason for her decision. I told her I am unable to do the things that are important to caring for my family such as house work and going out in my ministry. She lied and said I said I can do house work and go out in my ministry. I can’t believe this judge is lying like she is doing! I did not expect a judge to deny me by lying. She even ignored my doctors letter stating my degenerate disease and the extent of it. She said my Doctor said I can’t work because of not being able to certain things. That was not the words of a professional Specialist! I have spasms in my hands but was not able to address this at the trial due to the judge having a “let’s get this over with attitude. I really expected honest and a fare trial but I had a lazy attorney and a lying Judge. 🤦🏾♀️😣
So the SSA Appeals Council, as busy as it is with the requests for review from claimants dissatisfied with ALJ’s decisions, still has time to review the affirmative AJL decisions (which grant disability status)? Who appeals such decisions to this Council?
It is my understanding that every favorable ALJ decision is reviewed by someone at the AC and some are selected for more intense review. I just got an email yesterday from a gentleman who received a fully favorable decision then, just a few days later, a letter came from the AC saying that the FF decision was being pulled and the case remanded back to the ALJ for a 2nd hearing. Talk about maddening!
The judge does not make that decision. Your benefit amount is calculated by SSA based on what you have paid in. As far as whether you can survive, that's hard to say. Generally I see SSD monthly payments between $1,500 and $2,000.
Right here in my neighborhood there are 10 or 12 women in there 20s, and 30s that get what they call a "crazy check" . They brag about it, and there not crazy. Stupid, yes, but not crazy.
Are these claims also denied at that same rate if the doctors provide a document in their professional opinion that you’re disabled along with supporting medical records, as opposed to someone with significant medical records just saying they feel bad and can’t work, without a supportive doctors letter?
If you have good medical records and support from your doctors, your chances of getting approved go way, way up. If you're young and educated, forget about it. That's pretty much all I've gotten out of this guy's videos.
Ninedaysjane My atty was able to expedite the hearing based on this letter I received in Sept 2018 from my doctor, and also my indigent status. The hearing was set for February and I never had to appear based on a thorough and extensive record, just like you stated. I qualified for both SSI and SSDI from 2014.
55 years old. Been waiting 13 months for the initial decision from the railroad retirement board. Failed cervical fusion, spinal stenosis at two levels, severe degenerative disc disease, diabetic peripheral neuropathy, chronic bi-lateral plantar fasciitis. Narrative from treating physician giving his opinion on work related ability. 13 months and no decision!
My 34yr old son was just denied after the appeal. He was diagnosed w/ schizophrenia 10yrs ago. He’s been treated @ 2 different mental health facilities and is now on medication. So there’s plenty of documentation for his condition. He’s dependent on me for a place to live. Any suggestions are appreciated.
You mention that the state agency will request medical records, is this always the norm even if you have already requested and recieved your medical records from the neurosurgeon and orthopedicsurgeon?
By saying a Judge can be reversed, does that mean even if you receive a "fully favorable" decision from an ALJ, that decision automatically gets reviewed by the Appeals Council and can be overturned where you can then be denied benefits, essentially being blindsided?
Social Security Disability videos Thanks for the response. Wow! In an already uphill and difficult process that’s quite concerning. I am a male, 40 years old with fibromyalgia. I just had my hearing, I will let you know my decision As I know the odds are stacked against me.
When I went through this I seen a SS dr. and the Dr. wanted me to tell him if they rejected me and they did and I did. He told my husband that I should be approved but he said that people he saw that they didn’t require SSD yet they will win over the SSD with reports he said that he declined to recommendation. He was hired by SSI at that time it’s called. In Wisconsin it goes directly to the medical board.
Three years of medical advice.two cerical spinal fusion.and some bulging disc in lower back.i research all this on the blue book for degenerative disc disease.and I meet the listing and for spinal fusion.the jugde I had has a 49%disappeal rate.and now I have it in appeal.i know some one that had disability for years with no surgeries and no real medical advice.and I will b 49 years old next month.so y am I getting denied.
My brother has terminal cancer. Hospice is coming once a week. He was denied the first time and his appeal. How will it be before he gets his hearing. He has less than 6 months. Sir we are at the point of being homeless what do we do???
@@ssdattorney no sir I haven't will you please give me instructions on how to do that.Please we live West Columbia sc. My brother has been disabled two years. We have nothing. We are almost homless. Sir he has work credits. We all paperwork from oncologist hospice dr staff nurse and the director of hospice stating it will result in death. Sir he deserves some relief before his time is up.
I'd only watch your informative videos, thank you so much. What should I do after the Second Appeal: Office of Disability Adjudication and Review (ODAR) denial apply since 2015 I am over 55 and have diabetic Retinopathy and already have laser surgery recently due to uncontrolled Diabetes. Do I need a lawyer to appeal my case?
Mr. Ginsberg, I was denied on my claim after my hearing but my attorney has appealed the decision. I am now over 2.5 years into this case and would like your advise or opening to the question; should I resubmit for the same affliction.. start over, or wait another length of undetermined time for this final appeal process? And, should I change anything on my claim at this point or change on the re-application? My decision was written out when I received it so should I advise/request my current case be discussed before resubmitting to look for ways to find and correct possible mistakes in our case? Secondly; Are there better or worse states to apply through? I have heard some states have better/worse percentages of approval?? Can you address that for me? Thanks for your help through this ordeal. Bob/Okc
I'm concerned because it is not as obvious that the pinched nerve will cause undescrible pain , after I have walked for less than hour, if try to work 8 hrs the next day can't get ready for work , I can't and won't fake pain ,
I am diagnosed with retinitis Pigmentosa, I did a bunch of test at the eye specialist and I am legally blind. With less than 20 degrees of field of vision. Do I qualify for ssi?
I would look at Listing 2.02, 2.03 and 2.04 - will your doctor state that you meet or equal one of these listings? www.ssa.gov/disability/professionals/bluebook/2.00-SpecialSensesandSpeech-Adult.htm
I had a stroke last year the month of Feburary 17, 2023. And now I went to my May 2, 2024 and I had blood work done 2 months ago. And he told me that I have stage 4 kidney disease. I didnt understand , because my hospital bills was $93.698 and they never told me nothing😢 And he look on this computer and said I had it than.
Same thing happened to me & the judge questioned me about Dr prescribing me a Walking Cane she said it was not in my report which it was so that told me she did not real all of my medical records
I'm at 9 months and was denied. Two neck and 4 back fusions. Been going through injections and two facet rhizotomies and still denied. A 5th back surgery is coming but I was denied. I'm 58 male and can't perform intercourse anymore. Crazy I got denied 4:46
When I applied for SSD I was denied at first I didn't know that I had to be out of work for at least five months. I have so many issues with my health I was a city bus driver for thirty years and now I can barely walk and they didn't care about that how I got approved for ssd I have COPD asthma bronchitis and emphysema I did get legal representation and I was approved for my benefits two months later. I just wanted to pass this information on. And I live in NY state I know it verys from state to state.
You don't have to be out of work for 5 months. Your condition needs to be such that you have been or are likely to be out of work for 12 consecutive months. YOu can use an onset date that is the day after you last worked.
Chris, those are diagnoses - what are the practical effects of the stenosis and anxiety/depression? How would they impact you in a work environment? Do you have medical support?
Hello' Atty. Ginsberg my name is Lisa Gershon ,im a Filipina and i am married to an American and were now living in the Philippines.before my Huband moved here to the Phils. and get married to me..he went to the Social Security office in L.A and apply for Social Security Benefit(retirement benefit) that was 2014 and he told the guy there that hes battling Skin Cancer and Anxiety.then the Guy said, go and get a Letter from ur Doctor and im gonna put u in Disability Social Security, but u can Still work part time and Collect social Security.then my husband asked him, if u were on my shoes, what will u do ? Then the guy said, u can still work and collect Social Security.my Husband is 63 yrs. old during that time..he just getting 784$ monthly, can he apply for Social Security Disability at his age now ? Hes 67 and turning 68 this year, is there an age limit in applying Social Security Disability ? Thank u..
Lisa, you can collect retirement Social Security or disability Social Security but not both. I have had cases where we ask for a closed period for the time before retirement benefits start.
I was denied disability the first time. I watched this mans videos. When I applied again and did what he suggested I was approved in 3 weeks. Ginsberg saved my life and he didn't even represent me. Thank you
Thomas Ranum mines too
Yes Thomas Ranum, and Kelvin Badazz the man is awesome.
BS
What was different?
How can you tell me
That's so sad that a judge would loose their job over approving people
Thanks to great information from you , it made the Journey much more tolerable , you helped tremendously , Thank you for your timely , concise information, Thank you Counselor, Thank you
You are very welcome.
Got approved today thanks for your videos they helped keep me sane during this!
at what level?
@@thebootielover I got full disability, and am at the upper scale of what I get monthly but I worked a ton of overtime when I was younger
@@josephskiles what i meant was did you have to have a hearing? or did you get an approval after you applied. thanks
@@thebootielover oh I apologize for the misunderstanding. I filed an initial claim and was denied twice as is normal in most cases for my 3rd attempt hired an attorney ( and have only amazing things to say for them!) and had a hearing, within a few months I had the judges full verdict.
Honestly I think the fact I had experienced another very serious injury back in 98 but just continued to work for all the years after showed the judge I was only seeking disability now because I am truly out of other options. The job market was still closed up at time as well
@@josephskiles so in so many words it kind of seems like you should go through the first two without a lawyer and get a lawyer your third try?
Congratulations on the win!🙂
Thank you, sir everything you said is absolutely true. Until you yourself feel pain you can't believe or describe it properly to someone else.
i wish all of us could get together and get read of this inhumaine practice against all of us i am blind and you are blind not to see how people live in horror everyday
nessoon dorma
Ikr how do you describe how much you hurt , it’s really hard , I want to say just because I am not flopping on the floor like a fish doesn’t mean I’m not hurting
Why did I get denied twice and have to go to a hearing in April if i meet a listing?
I am now waiting to see the ALJ judge after my initial and reconsideration both resulted in denials. It's a struggle to keep my head above water. I never thought I'd say I miss working but once you can't do it you really do miss it. It's hard to not get discouraged,and the waiting is brutal.
Yes it is and you have the right attitude - make sure to let the judge know how much not working has impacted you both financially and in terms of your socialization.
Thank you so much,I definitely will.@@ssdattorney
Oh god me too I always worked and depend on myself for money and to be at the mercy of others is just awful
I just got approved thanks to an appeals counsel who completely overruled and disagreed with everything the judge said.
The judge mistreated me and my witness horribly, and trashed on my attourney, and he didnt even look at the medical evidence. He went over the list and denied everything and threw out the opinions of the adjudicator immediately, and wrote that the adjudicator was wrong and unqualified.
He said that about multiple doctors including several of the government SSI doctors that evaluated me specifically for the SSI case.
I cannot believe how absolutely inappropriate my judge was with handling my case.
I can't believe how insulting and rude he was to everyone involved.
How can a judge like this still be on the bench?
This is so unfair and humiliating, not just for me but my attourney, and my witness as well.
Your experience is a symptom of a systemic issue in Social Security disability adjudication. While most judges are very hard working and sincere in their desire to do a good job, there is a systemic problem (in my opinion) when the approval rate among judges in the same hearing office can range from 15% to 70%. SSA has been aggressive in rooting out judges with unusually high approval rates but not judges with unreasonable low approval rates - see nosscr.org/disabled-workers-in-sc-roll-the-dice-when-drawing-judges-to-decide-their-benefits/.
May 30th 19 will be 5 years for me applying and getting denied. Being educated is not a good thing when it comes to disability. ughh.
Tell me about it. I wasted 15 years getting two degrees I'm too sick to use & SSA holds it against me. Sorry I busted my butt trying to better myself, Judge. It's really inconvenient for me, too. I'd love to be working but I can't even go to the grocery store by myself anymore & I'm so depressed I can't manage to shower. Hopefully I'll still be alive in eight years so I can use your stupid, discriminatory grid system.
I'm so sorry you're going through that
@Jo In I know a person who got 100% disability from the service but still waiting on his hearing for disability.. I understand
Jo In Hey man did you ever set your SSDI?
I was told yesterday I have transferrable work just because I have experience
It seems you have to be dying to get it
Basically you do, my brother got his disability January 2017, he died February 1st 2017. He had a bad heart, he was in and out the hospital and got letters from the doctor stating that he was disabled and it took them along time after that before they gave it too him. I would not recommend no one unless they get a letter from the doctor stating that I can't work. Doctors are not going to come out saying that you can't work.
Man please, I have back problem and I can't hardly walk but y'all keep denying me, I been denied three times.
You do got to be dying
for the first stage that is pretty much the case or either VERY listing level . For example, my father got his quickly because he had cancer ( twice) and the doctor had told him you are dying ( well clearly that qualified) or if someone has a condition that is lifelong such a person ( particularly if it is a condition that worsens over the years it is hard to get.
@@cecerwill40 Woow I'm waiting on my hearing now... plantar fasciitis in both of my feet and achilles tendonitis in both of my legs can't stand or walk or sit for a long time its ruff
Because they are evil as f....that's why my mom was totally paralyzed from a car accident that left her totally paralyzed from head to toe was denied 2 times when she did got approved she died same dam year
The system is just corrupt and rotten and should be destroyed and rebuilt.
I’m so sorry.... this is heart breaking. I had a friend who had the same issue with terminal brain cancer and got approved and passed. It’s sick.
Sending money to Ukraine with a billion.
Dr.Jonathan I really appreciate you taking out your and expertise in sharing your videos,it has helped me understand in many way these grueling process.I’m at my 3 or fourth denial and appealing at this with a new case with a lawyer.I hav learned a lot and continue to watch your videos.Thank you!
This system is messed up. I have a family member who got approved at initial application stage and they were working and had only seen one specialist and had one x-ray. Yes they need hip surgery but they were still working and have not had surgery. It makes no sense to me.
I just applied for ssi and I'm working part time and have been the last year and half.Prior to that 5 yrs not working tried again off again for 4 yrs.They fought me over my back,3 surgeries 2 of those were failed fusions.I have been living in chronic pain since 23 yrs of age im now 55.I gave up on that claim.Now lung disease tore rotorcuff,tear at the elbow pinch nerve at c7 causing pain in that arm along with tennis elbow my left arm is basically done.I will see where this claim goes!
Got ssi in 6 months first try no lawyer spinal stenosis ,3 herniated disc by mri panic disorder etc got bk pay in 30days..Illinois resident functional compacity forms filled out at beginning of application by doctor and psychiatrist and podiatrist and 4 months after applying these forms matter..also pain clinic and physical therapy records help..I'm also 33 I turned in all my records myself ..I mean all I didnt wait for ssa.i called and made sure my caseworker got them I stayed on them..you have to keep in touch with your dds caseworker I also was still sent to ssi doctors..just go...that's why 2 sets of functional compacity forms was filled out my disabilities got worse during process get those forms done asap and most my disabilities met a listing which my docs noted on forms I watched these videos and became my own lawyer ty for all the advice
Hi Shakelia can you please email me I have a few question I am in Illinois as well. My email is brandy3641@gmail.com
Could you do a full video update on 3 and 5 year medical reviews on how to succeed when the time comes Mr. G?
I will add to my list. Thanks.
@@ssdattorney thanks for the reply ..keep saving lives .
If you can, go yourself and get your medical records and make a copy to keep for yourself. Keep a copy with you when you go to appointments.
Jonathan Ginsberg is a "G".
The judge that I saw had a reputation for being nasty and disapproving people. All attorneys are familiar with her bad attitude. I was unlucky and was assigned her for my case. I am at the appeals stage.
I watched his advice and won my disability in 14 minutes!!! HIS ADVICE IS PRICELESS
So which part of this particular advice here, you think, won your case? (Nevermind, that this segment is not even an advice.)
I've been dealing with depression, anxiety, PTSD and OCD for my entire adult life. I'm 48 yo and I've been struggling going back and forth between trying to work and be on my own AND applying for SSI. I keep getting denied. I'm at my wit's end because it seems like they think you have to be uneducated in order to be disabled.
You can't work to get it is what I was told
@@rebeccagreen9240 If you're working ? forget about it, you've lost already, that's what the whole thing is about, right?
@@briand6671 I'm aware trust me but my bill's won't stop as ppl well know
@@briand6671 I understand that but I'm in pain everyday.. I'm thankful my bosses are understanding
@@rebeccagreen9240 I was in the same spot at my last job, my bosses put up with the little I could do until I had to leave. I took 6 years until approved, would have starved if not for family, owe them alot. Hang in there, I wasn't meaning to offend you , I hope things work out for you.
49 years old failed back surgery, just had total hip replacement. Dr. States disabled from work, explained medications, sitting standing taking breaks missed work. Still waiting on reconsideration level since May 2018. Called and found out they were still waiting for hospital report. I had it so sent to my attorney. Now I'm still waiting.
How’s it go?🙂
@@WildAcreWood she probably died waiting for the corrupt heartless snakes.
Always very informative videos Thank you
You are welcome.
Johnathan Ginsburg thank you for answering my questions follow him he is spot on
I live in Perry, Florida and my ALJ hearing was Judge Joshua Heller. His approval ratings is in the 40% percent tile. Unfortunately my claim was denied. Although I did get SSI as a child but I guess I don’t qualify for adult benefits. I also continued to receive benefits during the appeals process. And not to long ago I got hit with a overpayment of $10,000 from August 2017 to October 2018. What should I do?
Peyton Cannon
Hi, can I ask you what kind of benefits you received, is it thru your employer? I qualified for long term disability, which helps me right now. Do you think I will receive bill too?
Josefina Gutierrez I received SSI based for child benefits.
Josefina Gutierrez How did things turn out for you?
Sadly. This ss system need to be revised. Agree, we paid into this DI only to be denied. That is SO unfair. Where is the money going for those who died waiting. There is no justifiable way Social Security can explain that. Making us all earn our way ,to maybe some day we can get paid for our disability. Instead we get denied. This system is BROKE!
Not only that but it's just bread crumbs anyways. The lowest paying job on the planet will get you more than ss will give you but for some reason this bs system thinks we just want to be lazy and broke. I was grossing over 1500 a week and now i can't even flip burgers but these bastards won't even throw me a crumb.
Hello! Thanks for the informative info....My question is please my 4 year old SSi/SSD CASE is up for REMAND within 8 weeks..Excepted for a 40 hour full time paid training that could lead to a full time desk position, really overwhelmed living in despair each month... Please advise. TIA
Despite supposed compassionate applicatio and listing found in POMs, I was still denied. I gave rep at SSI office copy of doctor's diagnosis of the same at time of filing. Wish I would have hired Ginsberg initially. Firm I'm using does not appear to be familiar with Spinocerebellar Ataxia.
Does one have to point out the grid rules during the process or do they factor it in during the process automatically?
You need to document everything the scare the crap out of everybody.
its crazy i had a complete medical record last several years, and letters from my work why they let me go, and I still got denied.
I was 36 when I had a farm tractor accident and I applied 6 months later and was denied. I was dealing with a lot of back trouble and was getting injections in my spine but was denied so I went to a lawyer and they looked at my medical situation and decided to represent me. It took 3 years before my case was sent to a judge. In that time I had 2 spinal surgeries lower lumbar and cervical. I got a letter from the Judge approving me for disability and he also wrote me something seemed odd. He said that he was reprimanding or what ever it was he could do to the ones responsible for denying my claim. He didn't need a hearing that I was clearly disabled on the fact that I was unhireable. Since I had implants in my spine hiring me would put any employer at risk. Something I had ran into when trying to actually try to go back to work. More than once I put in applications and got interviews but soon as I disclosed my back injury and surgery I wasn't wanted. Kinda hard to work when you can't get hired because of your condition. I am almost 62 now been on disability for along time now but after this long and my age they still periodically review my case but still reach the same conclusion. I have had to date now 4 back surgeries 2 lumbar and 2 cervical. So it's not like it gets better with age. Add to that now with pain medication being taboo and doctors can no longer prescribe long term pain meds things have even got harder.
I meet the listing still got denied.
I watched this video a year ago. Not too long after I started the appeals process for an ALJ hearing. Well, I finally got a hearing date a little over a year later. Then I was told it was postponed or cancelled. They said they sent me a notice but my attorney hasn't heard anything and neither have I, in almost a month. I already waived my 75 day notice for my phone hearing and the ALJ cancelled or postponed the hearing 3 months before it was even supposed to be heard. At Step 3 of the appeals process. The only thing I can think of is. Is that I'm another year older 49. I've been diagnosed with 2 other impairments cardiovascular insufficiency, peripheral artery disease and rheumatoid arthritis in the last year and half. I've been being treated for over 12 months for both along with my back and neck surgeries and updated MRIs. Showing my back and neck have only gotten worse since my last surgery in 2022. I was also diagnosed with bilateral carpal tunnel, during my wait and need surgery. I have EMGS, MRIs, Dopler, Ultrasounds with Dr notes. The MRIs are only 2 months old. Lumbar spinal stenosis with nerve impingement and DDD. Cervical DDD and arthritis disc bulge 2 levels. I've already had a neck surgery in 2007 and lumbar surgery in 2012, and 2022. I was diagnosed with chronic pain syndrome and being treated by a pain management Dr, rheumatologist, orthopedic Dr and vascular Dr. Im holding off on another back and neck surgery. I'm tired of getting cut open. My attorney told me to wait for the notice to come in the mail or my portal and seems to not to understand what is going on. Personally, I don't think he's familiar with my case and the amount of objective evidence I've sent to his office in the last year and half. I've spoken to him 3 times in a little over 3 years. My case has already been transferred out of state due to backlog and now it's been postponed or cancelled. My patients is running thin. Thank you for all you do
I have 5 different serious health problems & was denied by the judge & appeal board .The judge I had has not approved a case since 2018
I. Have an overpayment case with social security and they stop my income, i called all types of lawyers they cant help me because i can't pay them, what do i do?
I will help you,what state are you in?
Thanks for the feedback great knowledge to know
I watched all of the videos. I won my case it was a phone conversation. Due to covid the judge was really nice. Give me time to take my inhaler.
Congratulations.
Mr Ginsberg a little off topic I was wondering about when an attorney does an on the record decision can you use medication side effects and grid rules to prove someone is disabled?
Yes, absolutely.
Dudley do rite I think it helped in my case, side effects of pain medication.
Thanks for the info I have cad on 13 different medications for my heart including injections every 2 weeks some of these meds make it impossible to work fluid pills and some other strong meds. Just taking this many scripts doesn't seem normal. Thanks again
What kind of job lets employees deny most people, emotionally and financially damage those same people, and be WRONG - and yet THEY get pay with benefits - SOCIAL SECURITY!
So basically no matter what's wrong with you they're going to deny you to save their job
I wouldn't go that far. I do think that judges feel pressure to only approve cases where the evidence is overwhelming.
Well, to a certain point remember THEY have to eat, and especially if the judge is older and will have a tougher time getting a new job ( same reason that older people have an easier time winning.
@@ssdattorney understandable but wow
It feels like a lottery when you are going through this. My neighbor is healthy and spends all day about 5 times a week grooming his yard, doing excruciatingly hard labor and even comes over to help me mow my lawn when he sees me collapse after mowing a few strips. I used to take about 30min to mow my lawn but now it takes 3 days or more. I go to different doctors every week so that is my job. Even with excellent health care I still am spending $350 to $400 a month on copayments. The meds cost about $200. My neighbor doesn't even see a doctor but twice a year. Plus he drinks all day. He got it on the first try and I'm waiting on a hearing. I swear it's a coin flip.
Jason Lupo same with me & my neighbors. I don’t do any outdoor work and I’m 42 and on disability but I have 65 yr old neighbors on disability who are buying boats & motorcycles and hunting & fishing. I guess everyone’s disability is different but to me if you are disabled then be disabled.
Hello Mr Ginsberg my pain clinic doctor told me that he does not know what else to do for me but pain meds, what can I do?
I'm going this week to see the Social Security doctor what are the suggestions for that
thank you for your time and vids it really helps to understand ssdi laws i still waitin to see judge 6 herniated dics bi lat carpal tunnel and a fatal sinuse disease 3 operations later stuck with a trigeminal nueralga sever crainial nerve damage and high blood pressure caused by too much chronic pain i have no energy or strength to work too dangrous 60 to 65 age braket. not sure how long i can wait for help. thanks for your help.
What is the difference between a case denied and a case dismissed?
A dismissed case occurs when a claimant stops pursuing his or her case - not returning forms, not appearing at a hearing, etc. A denied case is one where SSA makes an evaluation of the evidence and decides that you still have the capacity for work.
I was diagnosed stage 3A after I already applied, so I'm not sure I'll get approved as I should first time around...
Seems as if the people who isn't truly disabled gets it faster then those who truly needs it. I have Lupus and Mixed Connective Tissue Disease and Sicca syndrome and Severe Sleep Apnea and Carpal Tunnel and PTSD hard to get a lawyer to take my case. Im 32 got denied once this is my second round hope to get it this time around
Victoria, it is hard to win SSD at age 32 no matter what the impairment. I also find it increasingly difficult to win cases where there is no objective evidence (like an MRI or CT). Lupus and mixed connective tissue disease are autoimmune disorders that can be hard to prove. I have the most success with these cases if I can get a specialist to issue a work capacity opinion.
@@ssdattorney it's hard to get a doctor to suggest no work. They want you to push through. It's extremely hard to maintain work with these conditions. I was out of work but now I'm back in the work force trying to find some kind of employment that is not hard on my joints besides the bills are due!!! Waiting on SSDI I will be homeless!!! 🤦
Hello Mr Ginseng, now can my attorney put in my new things I now have a care giver and I started at the pain clinic the next day after my appeal August 14,2018.
I was asking you a question?
I spoke with my rep.to notify him I am sending my questionnaires in on the cusp of the 10 day window.He stated "don't worry,I am still waiting on your medical records".So I obtained all my records myself and sent them in WITH my questionnaires.
Will that help me?
I initially applied in 2009 at 31 years old from both knees being shot my spine being shot my back muscles and nerves shot severe muscle spasms throughout my back high blood pressure and severe ADHD with clinical depression and anxiety disorders and severe sleep apnea I have to take 9 oral prescriptions a topical gel prescribed medication and a cpap I want to work but my body won't let me and several drs has put in my records that I can not medically go back to work they've denied my case for 13 years the first judge I was in front of wouldn't let my lawyer argue a medical point that was raised by the judge or vocational expert the second judge never once mentioned any of my medical conditions he just asked questions about the fraternity I belong to and the last judge acknowledged my health problems but still denied my case
Thank you. Very important information.
What are the names of the listings level?
In Texas Hearing approval rates are about 30%. My ALJ has an approval rate of just 22%. 2 months now since my hearing and I'm still waiting for a decision.
Yes, Texas hearing offices have much lower than average approval rates.
How do you know anything about your judges cases , approval or denial.
Yeah
Everyone is deserving in their own eyes!!
You are correct - just about everyone who applies believes in good faith that they are eligible. The question is - do they have the evidence to prevail?
um i got disabled in school and due to my disability im unable to work and unable to risk dropping out because I can't hold a job. They count college as work and my age against me. So i shifted everything to accommodate me. I have seen mutiple doctors, i have blood records , long history of it and the more i wait to see this alj the more uneasy i feel. Doesn't help my mental health and my medical problem prevents me from going outside. i hope the best for everyone out there and hope we all get a fair hearing. i only have one shot or i dont know what ill do. i haven't been more scared.
I know the feeling
Nice video!!I applied for ssi feb20th.March 12th the adjudicator stated was able to make a quick decision due to receiving my medical back very quickly, said now needs to give to dr to review and sign.Online shows processing step2 of 3 determination pending.Does this mean I've been denied? I'm 55 limited education no skilled work since 2006 and off 9 yrs due to health issues.Im working part time 500 a month income for the last year and half.
It would be nice to know how evidence is weighed. It seems very radical and all over the map. Same two cases can easily be ruled different. The evidence and manner it is judged, should be clear. And not some secret society where only those in power understand how a case is judged. Civil court, nor criminal courts operate with such carelessness.
Yes, there is a certain lottery like element to SSD decisions - I saw this article last week: www.postandcourier.com/health/disabled-workers-in-sc-roll-the-dice-when-drawing-judges/article_a27bee44-1517-11ea-8dbf-e7c8b74a8206.html
My next door neighbors are crack heads and not only they revive ssi they also revive food stamps!
Marilyn Cruz 😂
I knew people like this too. My old neighbors were on drugs and both got SSI. They had people at their house day in and out taking them to buy drugs and sat around all day doing them. One of them said he had a back issue and mental problems and the other said she had mental issues. I have no idea how they got it when people who are basically on death's door can barely get it. SMH
Back in the days, drug addicts/alcoholics got disability easily with SSA knowing they were addicts
BLACKDUST they probably don’t have the education and if their drugs users they don’t need to be around working people...they probably get only 700 per month anyway what a life.
@@nicolem8850 It's a "crazy check"
Creating CONFLICT of INTEREST
I got SSI N GOT A RAISE N NOW THEY WANT TO TAKE IT BACK !!! What can I do exactly ???
I don't understand your question.
I have a letter from my doctors office stating clearly that I have depression, anxiety and PTSD. I also fell 27 feet off a steel beam and it required three screws installed of which two broke immediately after they were put inside my foot. I received a double compression of my lower spine and I broke my pelvis in the front which I was told would never heal because it essentially is the body cradle and always in use. I was 25 when I fell and I tried hard to keep jobs after I fell but now I'm about to be fifty and I have no job, no income and I've been homeless a few times as well because I can't successfully hold a job without excessive sick days or call in's to stay home. The pain in my back requires narcotics that I can't afford because I don't have insurance or charity care to use. I live using food banks and food stamps. At one point in 2014 I even got committed to Holly Hill Hospital by my father and sister because I was seen with a pistol in my mouth. I go in to my lawyers office in two weeks for an over the phone hearing. I'm scared. I don't want to go but I really need medicare to help me and I know this world doesn't owe me a damn thing.. but I'm hurt and it isn't going to get better at all unless I get help. Physically and mentally, I need help. I'm grateful for what I get. It hasn't been much but I'm still grateful. What can you do when you've lived your life and now your body is what's stopping you from a chance to be of service to others and to yourself? It seems like there is a gap in this greatest of nations that needs to filled. Why does our government allow someone to get to their lowest point of nothingness while they wait for a decision from some clueless judge that doesn't even know what I've been through and who will tell me no once again and have me begging them for real help? There should be some form of help for those who patiently wait for an outcome. Something in between the filing and that inevitable no that most will hear. Any words of wisdom on that? Patiently I wait.
The whole process is a crapshoot. I just got an unfavorable decision at the hearing level (SSDI). I'm 39 with multiple physical and metal healh issues. Arthritis in Neck, Back, Knees. Bulging discs in my back. Carpal tunnel, Tendonitis, ganglion cyst, de quervains tenosynovitis in my hands. IBS/Diverticulitis. Kidney stones and Chronic Prostatitis. Vertigo. Depression, Anxiety, PTSD. I may also have fibromyalgia but have not done the testing for it yet but it's in the records and was on the denial letter. I know my depression is severe, but apparently they dont care. I also told the judge i just lost my Dad to Covid-19. But he still denied me. I really wish i could work but i absolutely cannot work. So what needs to get worse for me my second time around? There were also some "inconsistencies" in my denial letter. It's like everything you say has to match up perfectly with the medical records if not you become not credible. I have two young children to care for so I'm absolutely devastated. Also, i think the judge thought that i want to be a stay-at-home Dad even though i told him I'm extremely limited and i can only do so much with my kids. Appreciate you and thank you so much Jonathan!
Just ran across your YTube Channel today in my search for answer's why I keep getting denied any SSD benefit's after 8 year's. I've always represented myself and been my own self advocate even after applying a second time, having a Hearing being denied again and being denied(agreeing with the Administrative Judge's decision) by the Appeals Council in Falls Church, VA., after submitting A Request for Review of a Hearing/Decision. I even had a Stroke last November of 2018 that I reported with my local SSA office to report to the Appeals Council as additional reasoning to support my case and in my letter of denial from the Appeals they didn't even seem to acknowledge my Stroke nor my original reasoning for submitting A Request for Review of a Hearing/Decision. My letter from the Appeals made me suspicious that the Appeals Council employee's even exist or work and rather some intern maybe briefly read my submission form and put it in the "dump file" after me waiting 8 month's to basically hear a "yeh or ney" approval of my needed SSD/SSDI.
I personally think the whole SSA and those who work or are employed under the direction of needs a major overhaul and restructuring, let alone be put under Federal investigation. A person disabled and in need could careless about a Administrative Law Judge's rating's, approving or denial percentages of individual SSD benefits or their personal employment status. So what if they lose their job and retirement benefit's, they're still able to work and are employable til their retirement. How can in my Hearing, representing myself, have a State Employment Specialist attending the Hearing tell after questioning by the Administrative Law Judge that I'm not even able to work or fall into the category of listed job openings of unskilled labor that he told all in the room, yet 3 month's later in the mail I finally I get denied(my denial letter/packet/practically a book you could careless to read through) once again based off this Administrative Law Judge's decision and a SSA's Attorney whom I was told review's my case and Hearing and submit's their review to the Administrative Law Judge? This was my reasoning I submitted on the Request for Review of a Hearing/Appeals, besides later reporting my Stroke as more reasoning I had and in my denial letter from the Appeals it didn't even mention my reasoning or as if the Appeals bothered to listen to a recorded copy or the part of my Hearing of the testimony or questioning/answer's of the State Employment Specialist.
It all boil's down to "Money" when it come's to the SSA and those in desperate need of SSD/SSDI Benefit's that truly do need them. I've tried for SSD Benefit's 8 year's now and in my case I'm 51 years old and I've worked hard since I was a teen being employed for year's, served my Country in the Military, paid for a College education and had taxes deducted from my pay checks. When a work accident in 2011 and recent Stroke in 2018 deter's or debilitates my source of income and took away my quality of life I once had and was able to perform, I don't think it's too much to ask for from our SSA for a little help! So what if there's "key" form number's from Doctor's or health professional's that the SSA look's for when screening applicants for SSD Benefit's? If I myself haven't worked since 2012 and tried for SSD/SSDI Benefit's for 8 year's now, isn't that a indicator or proof enough to someone working in the SSA or direct employment of that "hey" this person is being truly honest despite what his medical records show, a Administrative Law Judge's lack luster decision is or your SSD case doesn't show because they don't have "key" number' that jump's out at someone working and reviewing your case for the SSA? The SSA and those who work in the Government area of the SSA needs to be investigated for wrong doing of people in need instead of their income and "French Benefit" job they hold.
Also I mentioned I've represented myself through my whole process of applying for SSD/SSDI in my first application and second which led to my appeal and request for a Hearing which I had in April of 2018. I personally felt that "why" should other representation be needed and if I had been approved my benefit's that would be paid for their service's for money/taxes I had taken out of my paychecks and yearly income taxes? Strange thing was my Administrative Law Judge in my Hearing agreed with my efforts to represent myself. If I decide to apply for SSD/SSDI Benefit's a third time I would probably seek or consult with a Attorney because after my past experience's with applying for SSD Benefit's and being my own advocate it point's kind of shout out at you and your knowledge of this whole SSA system in the U.S. that it's more about making other's way of life and income rather than disabled people truly in need of what little income they can receive in SSD Benefit's.
Hey Jonathan. Have been on your channel long time. What do I put on the appeal paperwork??? Do I get a attorney?!
I really need help; I’m 32, I have tried working, tried college (to no avail), I have chronic fatigue syndrome, bilateral nerve damage and DDD/osteoporosis, chronic anemia that’s resistant to supplements, severe anxiety and depression. I spend most of my time in bed. A few days ago, the ALJ decided my claim was still unfavorable even after my doctor filled out a thorough 5 year assessment RFC that I can’t work consistently where I can do substantial gainful activity.
I really don’t know what else I can do. My lawyer says I’m definitely disabled and advises against a work attempt, even though I know I can’t and she says the ALJ is only using my age to deny me.
For me, I don’t care about the money itself, but my financial options are adding more stress and I don’t feel I can continue to comply much longer. What can I do? It’s the 3rd time at the appeals level.
Thank you for your advice ss is going to help me finally
You are welcome and glad to hear.
Hey jonathan how are you? I’m currently trying to get SSI and I’m 20 years old. Due to the fact that I’m so young, I know this can be very difficult to get approved. I have severe anxiety, depression, ADD, tics, and bipolar. I just went to my exam yesterday, I think it went well. I think it went well because the lady doing the exam looked like she genuinely felt bad for me😂 so I took that as a good thing. I find it extremely hard to work almost impossible with my severe anxiety. I have constant feelings of doom and paranoia that something terrible will happen. I went to a mental hospital four times throughout my teen years and I still self harm. I’ve been to multiple outpatients, juvi (also have behavioral issues), and I’ve been to multiple inpatient centers such as two rehabs as I was struggling with drug use two years ago self medicating. I am now clean but taking methadone(this is to keep me clean and it’s done a wonderful job and I’m lowering my dose every two weeks I’m only on 40 mg now I was on 97 mg before). I also have severe insomnia due to my anxiety. I hope I get approved. After my exam how long will I have to wait? Also, I’m filing for SSI so does everybody have to do a hearing? Or is that just for disability. Thanks John prayers go out to you. ALSO, I do have a lawyer and he’s been here throughout this whole process. I hope my chances aren’t slim to none due to my age.
Younger claimants can win for mental health issues if the record is very strong and the doctors support you with narrative reports or functional capacity evaluations. I think that it is a good sign that you found a lawyer to take your case, given your age.
Thanks so much John!!!! 😊 god bless you
Jonathan Ginsberg I just got denied by a judge and she changed everything that I said at the trial and disputed my Doctor letter. I even gave her copy’s of my specialists notes for my Arthritis condition all the way back 15 years ago from the onset of my degenerative disease. She changed what the notes said and picked notes to address that more tests was suggested to get a view that gave a clear understanding. My attorney was negligent and did not have my Doctors notes on file. So I went and got and took back. The trial proceeded with no records. The job specialist implied that I was able to work. The Judge used her decision as another reason for her decision. I told her I am unable to do the things that are important to caring for my family such as house work and going out in my ministry. She lied and said I said I can do house work and go out in my ministry. I can’t believe this judge is lying like she is doing! I did not expect a judge to deny me by lying. She even ignored my doctors letter stating my degenerate disease and the extent of it. She said my Doctor said I can’t work because of not being able to certain things. That was not the words of a professional Specialist! I have spasms in my hands but was not able to address this at the trial due to the judge having a “let’s get this over with attitude. I really expected honest and a fare trial but I had a lazy attorney and a lying Judge. 🤦🏾♀️😣
So the SSA Appeals Council, as busy as it is with the requests for review from claimants dissatisfied with ALJ’s decisions, still has time to review the affirmative AJL decisions (which grant disability status)? Who appeals such decisions to this Council?
It is my understanding that every favorable ALJ decision is reviewed by someone at the AC and some are selected for more intense review. I just got an email yesterday from a gentleman who received a fully favorable decision then, just a few days later, a letter came from the AC saying that the FF decision was being pulled and the case remanded back to the ALJ for a 2nd hearing. Talk about maddening!
How the judge evaluate how much you will get monthly payments on social disability. Are you will be able to survive on ssd
The judge does not make that decision. Your benefit amount is calculated by SSA based on what you have paid in. As far as whether you can survive, that's hard to say. Generally I see SSD monthly payments between $1,500 and $2,000.
One rumor I have heard is that Social Security pays the people (including Judges) to deny deserving Claimants. Is this true?
NO
No that it not true.
@@ssdattorney good to know. Thank you. This is one of a number of rumors that go around about the process and this was a biggie.
Yes is true
No it is not true
Right here in my neighborhood there are 10 or 12 women in there 20s, and 30s that get what they call a "crazy check" . They brag about it, and there not crazy. Stupid, yes, but not crazy.
I know people who play crazy as well getting ssi. It sucks when there's people who are really I'll mentally and physically who keep getting denied
Can you do a video on ALJ errors of law?
Do you represent clients in very state or just certain states.
I travel some but not so much anymore. I work with a couple of firms that are national in scope but do really good work if you want a referral.
Are these claims also denied at that same rate if the doctors provide a document in their professional opinion that you’re disabled along with supporting medical records, as opposed to someone with significant medical records just saying they feel bad and can’t work, without a supportive doctors letter?
If you have good medical records and support from your doctors, your chances of getting approved go way, way up. If you're young and educated, forget about it. That's pretty much all I've gotten out of this guy's videos.
Ninedaysjane My atty was able to expedite the hearing based on this letter I received in Sept 2018 from my doctor, and also my indigent status. The hearing was set for February and I never had to appear based on a thorough and extensive record, just like you stated. I qualified for both SSI and SSDI from 2014.
55 years old. Been waiting 13 months for the initial decision from the railroad retirement board. Failed cervical fusion, spinal stenosis at two levels, severe degenerative disc disease, diabetic peripheral neuropathy, chronic bi-lateral plantar fasciitis. Narrative from treating physician giving his opinion on work related ability. 13 months and no decision!
My 34yr old son was just denied after the appeal. He was diagnosed w/ schizophrenia 10yrs ago. He’s been treated @ 2 different mental health facilities and is now on medication. So there’s plenty of documentation for his condition. He’s dependent on me for a place to live. Any suggestions are appreciated.
buy him a tent and find a good park. This country is gone!
@@elinoreberkley1643 😂😂 really
@@elinoreberkley1643 😂
He have to take his medication. If he does so he could live a good life.
@@samiamdj8603 - Do you take medication for schizophrenia?
You mention that the state agency will request medical records, is this always the norm even if you have already requested and recieved your medical records from the neurosurgeon and orthopedicsurgeon?
JD right?? You would want to turn in those records with your application. Did you do that?
@@2004cyrus Yes, thank you for your reply.
By saying a Judge can be reversed, does that mean even if you receive a "fully favorable" decision from an ALJ, that decision automatically gets reviewed by the Appeals Council and can be overturned where you can then be denied benefits, essentially being blindsided?
Yes, it doesn't happen often but it can happen.
Social Security Disability videos Thanks for the response. Wow! In an already uphill and difficult process that’s quite concerning. I am a male, 40 years old with fibromyalgia. I just had my hearing, I will let you know my decision As I know the odds are stacked against me.
@@steevo124 SO DID YOU GET APPROVE
When I went through this I seen a SS dr. and the Dr. wanted me to tell him if they rejected me and they did and I did. He told my husband that I should be approved but he said that people he saw that they didn’t require SSD yet they will win over the SSD with reports he said that he declined to recommendation. He was hired by SSI at that time it’s called. In Wisconsin it goes directly to the medical board.
Three years of medical advice.two cerical spinal fusion.and some bulging disc in lower back.i research all this on the blue book for degenerative disc disease.and I meet the listing and for spinal fusion.the jugde I had has a 49%disappeal rate.and now I have it in appeal.i know some one that had disability for years with no surgeries and no real medical advice.and I will b 49 years old next month.so y am I getting denied.
My brother has terminal cancer. Hospice is coming once a week. He was denied the first time and his appeal. How will it be before he gets his hearing. He has less than 6 months. Sir we are at the point of being homeless what do we do???
This sounds like a TERI (terminal illness claim). Have you reached out to your U.S. Senator's office Social Security representative?
@@ssdattorney no sir I haven't will you please give me instructions on how to do that.Please we live West Columbia sc. My brother has been disabled two years. We have nothing. We are almost homless. Sir he has work credits. We all paperwork from oncologist hospice dr staff nurse and the director of hospice stating it will result in death. Sir he deserves some relief before his time is up.
Great video as always. Thanks Jonathan
I'd only watch your informative videos, thank you so much. What should I do after the Second Appeal: Office of Disability Adjudication and Review (ODAR) denial apply since 2015 I am over 55 and have diabetic Retinopathy and already have laser surgery recently due to uncontrolled Diabetes. Do I need a lawyer to appeal my case?
If you are going to appeal to the Appeals Council, yes you should get a lawyer.
Mr. Ginsberg,
I was denied on my claim after my hearing but my attorney has appealed the decision. I am now over 2.5 years into this case and would like your advise or opening to the question; should I resubmit for the same affliction.. start over, or wait another length of undetermined time for this final appeal process? And, should I change anything on my claim at this point or change on the re-application? My decision was written out when I received it so should I advise/request my current case be discussed before resubmitting to look for ways to find and correct possible mistakes in our case?
Secondly; Are there better or worse states to apply through? I have heard some states have better/worse percentages of approval?? Can you address that for me?
Thanks for your help through this ordeal.
Bob/Okc
I'm concerned because it is not as obvious that the pinched nerve will cause undescrible pain , after I have walked for less than hour, if try to work 8 hrs the next day can't get ready for work , I can't and won't fake pain ,
I am diagnosed with retinitis Pigmentosa, I did a bunch of test at the eye specialist and I am legally blind. With less than 20 degrees of field of vision. Do I qualify for ssi?
I would look at Listing 2.02, 2.03 and 2.04 - will your doctor state that you meet or equal one of these listings? www.ssa.gov/disability/professionals/bluebook/2.00-SpecialSensesandSpeech-Adult.htm
I had a stroke last year the month of Feburary 17, 2023. And now I went to my May 2, 2024 and I had blood work done 2 months ago. And he told me that I have stage 4 kidney disease. I didnt understand , because my hospital bills was $93.698 and they never told me nothing😢 And he look on this computer and said I had it than.
Your haircut looks great
Why thank you!
Because they hired lousy lawyers. I had to fire mine and litigate my own case to actually receive it
@C W Robert Peirce & Associates, P.C. - the worst! Flee from them immediately they are incredibly lame
You can lose with the best lawyer around.
Because the ones who are terrified of work have it already
I have copd how likely am i to get ssdi
It depends on how your COPD impacts your capacity and reliability for simple, entry-level work.
My ALJ denied me,and left out the valid parts of my testimony
That would be grounds for appeal.
@@ssdattorney I found out that I had the hardest judge there is
Same thing happened to me & the judge questioned me about Dr prescribing me a Walking Cane she said it was not in my report which it was so that told me she did not real all of my medical records
I'm at 9 months and was denied. Two neck and 4 back fusions. Been going through injections and two facet rhizotomies and still denied. A 5th back surgery is coming but I was denied. I'm 58 male and can't perform intercourse anymore. Crazy I got denied 4:46
When I applied for SSD I was denied at first I didn't know that I had to be out of work for at least five months. I have so many issues with my health I was a city bus driver for thirty years and now I can barely walk and they didn't care about that how I got approved for ssd I have COPD asthma bronchitis and emphysema I did get legal representation and I was approved for my benefits two months later. I just wanted to pass this information on. And I live in NY state I know it verys from state to state.
You don't have to be out of work for 5 months. Your condition needs to be such that you have been or are likely to be out of work for 12 consecutive months. YOu can use an onset date that is the day after you last worked.
This was very interesting.
Glad you enjoyed it.
Honesty, THANK YOU!!
Now my condition has worsened to spinal Stenosis & MAJOR anxiety & depression. I am 55 yrs old. Have no family close.
Chris, those are diagnoses - what are the practical effects of the stenosis and anxiety/depression? How would they impact you in a work environment? Do you have medical support?
And sometimes I think my doctor don’t like me so can someone please help me understand stuff and figure stuff out, please
Hello' Atty. Ginsberg my name is Lisa Gershon ,im a Filipina and i am married to an American and were now living in the Philippines.before my Huband moved here to the Phils. and get married to me..he went to the Social Security office in L.A and apply for Social Security Benefit(retirement benefit) that was 2014 and he told the guy there that hes battling Skin Cancer and Anxiety.then the Guy said, go and get a Letter from ur Doctor and im gonna put u in Disability Social Security, but u can Still work part time and Collect social Security.then my husband asked him, if u were on my shoes, what will u do ? Then the guy said, u can still work and collect Social Security.my Husband is 63 yrs. old during that time..he just getting 784$ monthly, can he apply for Social Security Disability at his age now ? Hes 67 and turning 68 this year, is there an age limit in applying Social Security Disability ? Thank u..
Lisa, you can collect retirement Social Security or disability Social Security but not both. I have had cases where we ask for a closed period for the time before retirement benefits start.