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Category Archives for Disability hearings

How Your Former Co-Workers or Supervisors Can Help You Win Social Security Disability Benefits

Statements from your former co-workers or supervisors about problems you had performing the duties of your past jobs can be very persuasive evidence to a Social Security administrative law judge.

Since the main issue in your disability case has to do with whether you have the capacity to perform simple, entry-level work, it stands to reason that personal observations from former co-workers or supervisors – people who actually saw you in the workplace – would be very relevant evidence.

Presumably your claims file contains solid medical evidence. At a minimum, your medical record should include one or more diagnoses and medical records documenting treatment. Functional capacity evaluations from long time treating doctors (ideally medical specialists) help the judge understand how and why your medical issues would prevent you from reliably performing any type of job.

Your hearing testimony should demonstrate that you are honest and truthful and motivated to return to work if you could.

In addition to these standard building blocks for your case, statements from people who actually observed you struggling at a job can greatly strengthen your case and sometimes make the difference between winning and losing. Continue reading →

The Disability Judge Ruled that One of Your Medical Impairments is “Non-Severe.” What Does this Mean and Why is it Important?

Recently I have noticed a trend at many of cases I am trying on behalf of applicants for Social Security disability. After listening to testimony, but before posting questions to the Vocational Expert, the judge will say something like this: “counselor, I am going to find that the [allegations of depression; breathing problems and COPD; knee damage and reduced range of motion in the left lower extremity; etc.] are non-severe impairments and thus will not be included in questions I ask to the vocational expert. Do you have any objections to this?”

What does this mean to you if you are the claimant appearing at a hearing like this?

The term “non-severe impairment” is a term of art in the Social Security world. When judges evaluate claims, or, more accurately, elements of claims, they are required by law to analyze your case using something called the “five step sequential evaluation process.” Continue reading →

Will You be Approved for Disability Based on Your Diagnosis?

I frequently receive emails and comments on my YouTube channel from folks who want to know if they will be found disabled due to a particular diagnosis. “Will I be found disabled by Social Security if I have a herniated disc/carpal tunnel syndrome/major depression/cirrhosis of the liver, etc., etc.

I am not the only one who gets these questions. A retired judge who I appeared before many times and who knows Social Security disability law as well as anyone answers questions on Quora and he gets this question – apparently from the same person – over and over.

The judge’s answer and mine is the same – you do not win or lose your Social Security claim based on your diagnosis. The right question to ask is whether your symptoms and medication side effects leave you without the capacity to reliably perform simple, entry level work.

Social Security defines disability in these terms. When you appear at a hearing, every question the judge or your attorney asks is focused on your work capacity.

You could have four herniated discs, congestive heart failure and uncontrolled diabetes, but if you are working or can work an 8 hour day, you will not be found disabled. Continue reading →

Mistakes to Avoid and Tips for Winning: my Conversation with Stanley Denman

Social Security lawyer Stanley Denman
Attorney Stanley Denman

I recently reached out to my colleague attorney Stanley Denman, a Dallas – Ft. Worth, Texas disability attorney. This is a transcript of our conversation about mistakes to avoid and tips for winning disability claims.

Jonathan Ginsberg:  What are the biggest mistakes you have seen Social Security disability claimants in Texas make over the years?

Stanley Denman:  As you know, no one plans to be disabled, and few disability claimants have an experience with the process of applying for and winning social security disability benefits.  So it’s not surprising that disability claimants make a lots of mistakes – we all would! In my opinion, these are the biggest ones:

  • “Any lawyer will do.”  Texas disability claimants often hear that “you have to get a lawyer” to win disability benefits.  They wrongfully assume that the “J.D.” after the lawyer’s name is all that matters. Social security does not grant disability claims just because a lawyer is involved.  In fact, an inexperienced and inattentive lawyer can hurt more than help in winning a case.

Continue reading →

Why You Should Avoid Using Labels at Your Social Security Disability Hearing

Most people applying for Social Security disability have some sort of firm diagnosis. For example, if you have back problems, your doctor may have shown you an MRI report documenting a herniated or bulging disc. If you have heart issues you may have been diagnosed with congestive heart failure or coronary artery disease. And if you struggle with mental health problems, you may have been diagnosed as being bi-polar, or having PTSD, or anxiety disorder.

When you get to your hearing, however, you should not rely on these labels as you explain to the judge why you contend that you no longer have the capacity for “substantial gainful activity” (i.e., work).

First, understand that many times the label used by one doctor might be different than that used by another. In my practice, for example, I frequently represent clients with mental health issues who have been diagnosed with depression, anxiety, PTSD, and/or bi-polar disorder – all by different physicians or psychologists. One medical provider may choose the label “depression” while a second doctor may choose the label “bi-polar.”

Similarly, I have seen multiple doctors read the same MRI report and come to different conclusions. One doctor may see a herniation, while another may see a bulge or an extrusion. Continue reading →

Why Activities of Daily Living are so Important to your Social Security Disability Claim

When you pursue disability benefits, you will be asked to fill out numerous forms by Social Security. You will find that many of these forms are repetitive – they seem to ask for the same information over and over.

Having spent a good deal of time with SSA’s forms (I wrote a book about how to fill them out properly), my guess is that this redundancy arises from the overall dysfunction at the Social Security Administration. Someone, in some far away office somewhere in the country, was given the assignment of heading up a team to update SSA’s disability forms. Government agencies rarely simplify anything so this nameless bureaucrat and his/her comrades no doubt spent months changing the format and the fonts, and adding questions to the forms.

Since there are only so many ways to ask you for an explanation why you believe you are disabled, the new forms ask for the same information 5 or 6 different ways.

With a few exceptions discussed below, I am not convinced that anyone with any decision making power actually reads your responses to these forms but you have to fill them out. Continue reading →

Why You Need an Elevator Speech for Your Social Security Disability Claim

I want to explain why you need an “elevator speech” for your Social Security disability case.

If you are not familiar with the term elevator speech, it comes from the world of job search. Imagine that you are in need of a job and you find yourself in an elevator with the CEO of a company that would be a perfect fit for your skills and education. You have a 45 second elevator ride to introduce yourself to the CEO, tell him (or her) who you are, and how you would be the ideal candidate for a job at his company.

45 seconds is not a lot of time – you need to cut out the fluff and convince this busy CEO why you would be a benefit to his company.

You should use this same approach when you are communicating with Social Security and especially when you are testifying to a judge. They have something you want – the power to award you life changing disability benefits. So it stands to reason that you need to make the claims adjudicator or the judge’s life easy by demonstrating how you fit SSA’s definition of disability.

Focus on Social Security’s Definition of Disability

Fortunately, you don’t have to guess about what they need – Social Security tells us in clear terms that in order to qualify for disability you have to prove that you are unable to reliably perform the duties of even a simple, entry-level job because of a medically determinable condition. You also have to prove that your job limiting condition has lasted or is expected to law at least 12 consecutive months or result in death. Continue reading →

Musculoskeletal Injuries: How Severely Impaired Must I Be?

Intentionally or not, the Social Security Administration has done a good job selling the idea that winning disability benefits is extremely hard. Bloggers (including me) write about the long delays and the arbitrary nature of decisions and the possibility of drawing a judge who would not approve a deathbed claimant.

Clearly, claimants without compelling medical evidence are having an increasingly difficult time winning. Ten years ago, judges were much more likely to accept your testimony about your work activity limitations – now, judges are looking for extensive medical evidence.

I often hear from, or end up representing disability claimants who have been denied at the administrative (initial application or reconsideration) and who are about ready to give up. Ironically, many of these claimants have cases that are likely to be approved because the medical evidence is so compelling.

Recently, I received an email from a gentleman named Kevin who was turned down at reconsideration, and wants to know what I think about his chances. I don’t have access to his specific medical records but, after reading his case summary, I would be shocked if he was denied. I would guess that 95% + of judges that I might see would approve this case after submission of a brief or after a brief hearing.

As I have discussed before in writing and on video, the state agency adjudicators are not judges and they do not have the experience or authority to make value judgments. Adjudicators are looking for listing level impairments without any reservations. Continue reading →

How Your Hearing Testimony Can Help Win Your Disability Benefits Case

Social Security disability hearings generally last less than an hour, but the agency’s hearing backlog currently averages over 18 months in many locations. When you add the 8 to 12 months it takes for SSA to conduct its administrative review, most disability claimants won’t see the inside of a courtroom for over 2 years from the date they apply for benefits.

If you are waiting 2 to 3 years for your chance to spend an hour with a judge, you cannot afford to waste time or come to your hearing unprepared. Nevertheless, far too many disability claimants waste or misuse the precious time they have with the judge by testifying ineffectually. Continue reading →

Should You be Concerned About "Trick Questions" from the Social Security Disability Judge?

Back in May, 2014 I released a video about trick questions from Social Security disability judges and I continue to receive a great deal of feedback and comments on that video. In the 2014 video I talked about one type of trick questions but there are many examples you should know about – thus this new video.

My experience has been that disability judges are not trying to treat you unfairly with their questions, but instead, use their experience and knowledge to ask probing and incisive questions. More specifically they want to assess your credibility by asking questions to which they already know the answer so they can see how you respond.

Many of these questions relate to your medical record – comments you may have made to your doctor about work attempts, stopping bad habits like smoking or marijuana use, or even about how you are feeling on a particular day.  You may have forgotten about that quick conversation you had with your doctor 2 years ago, but there is a good possibility that your doctor wrote down the substance of what you said. Continue reading →

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