Prepare for Trick Questions from the Social Security Judge
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- čas přidán 24. 08. 2024
- Testifying at your Social Security disability hearing is not the same as having a conversation with your neighbor or even talking to your doctor. When your judge asks you questions about your medical condition, he will be listening for two purposes: (1) he wants to a better understanding of how your medical issues impact your day to day life; and (2) he will use your testimony to make a decision about your credibility.
Social Security judges understand that your written medical record does not tell the whole story about your capacity to function in a job. After all, most doctors are primarily focused on treating you, not evaluating your work capacity. Further, some doctors minimize symptoms in their notes to paint a picture of successful treatment, or because they do not believe in the concept of disability.
Whatever his conclusions about medical records, the judge wants to hear from you. But he is not going to accept your testimony as truthful if he believes that you are prone to exaggeration or that you are more focused on collecting benefits than fighting to return to work.
Often you can expect your judge to ask you questions to which he already knows the answer. In this video, I describe a recent hearing where the judge asked my client about his cigarette smoking habit. The judge asked these questions for the express purpose of evaluating my client's credibility, and by answering inaccurately, my client definitely damaged his case.
Your attorney can really earn his money by helping your practice answering likely hearing questions. Take advantage of your lawyer's experience and courtroom skills so that your presentation to the judge shows you as a believable and sincere disability claimant. #socialsecuritydisabilityhearing #ssdi #socialsecuritydisability #socialsecuritydisability hearing #odar #oho
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I just came from my disability hearing and was approved! i have a severe cellulitis infection with MRSA, and peripheral artery disease. I wanted to THANK YOU SO MUCH for all of your advice. It was instrumental in me getting approved today! I answered the judge's questions truthfully. I have some past drug use in my medical history and am currently on Suboxone. I told the truth about that and I think the judge appreciated my honesty. I offered to take a drug test right then and there today, but the judge said that wasn't necessary. I answered "yes" and/or "no" and didn't ramble, although I have a tendency to do that. LOL Listen to this man, people! He really knows what he's talking about. Thank you Mr. Ginsberg!!!
Congratulations on winning your case, I’m still trying to get approved, after 8+ years, I’ve had 2 hearings & now it’s going to federal court, also my lawyer I had walked away from my case, she said she doesn’t think she can win it for me, imho I don’t believe she really tried hard enough, so now I’m all alone in this…..
@@lynnburton7873 Oh, I'm so sorry! Where are you? I'm in Houston and can give you my attorney's name. He's in Galveston but does EVERYTHING online and by contingency only, no money to him unless you win your case. They took $6,000.00 out of my back pay check for him but it was worth it! I was only approved for 18 months so my case comes up for review soon, but I've since developed cancer, so I'm hoping they will let me keep my benefits since my original infection has almost healed. I have heard that people are having an easier time winning now since most SS offices are still closed due to Covid. Praying for you, Eight years is ridiculous honey. No one should have to go through that but you'll get one hell of a back pay check if you win.
@@ElizabethF2222 thank you, I’m in west Tennessee, when I started I was still in Georgia, I’ve called many lawyers to see if they would help me after she walked away & they all tell me the same thing, they do not want to go behind another lawyer, my case has went to federal court now, I’m doing allot of praying that I can do this on my own, I have multiple health issues/disease’s that I deal with daily, I had 6+ heart attacks in 2 hours, a mini stroke 3 months later, then was diagnosed with syncope due to my heart that I pass out from, glaucoma, sciatic nerve damage, sacroiliac joint problems, RA throughout my body, fibromyalgia, bulging disc in lower back, carpel tunnel in both wrist, but I’m still not getting approved for my disability, there vocational person said I can still work, no I can’t, I’m a huge liability with my syncope alone, I was in the nursing field, if I help a patient up or down & I pass out, they will go down as well, I’ve got strong faith in my Lord to help me, I’m gonna claim I already got it….
Have a blessed rest of week & weekend 😊…..
@@lynnburton7873 I'm so very sorry you are dealing with this. It was very wrong of her to walk away from your case after such a long time, as she surely must have known how difficult it would be to find another attorney to represent you. There must be some kind of recourse against her leaving you after all that time? Have you tried reaching out to any disability advocates? My attorney was T. Matt Heerman's Law Firm in Galveston, Texas. I never had to go into the office once. He did everything online with me and I did have another attorney originally, It's a little different scenario because his law firm took over all my original attorney's cases, as they had worked together, so it's a bit different from just looking for another attorney out of the blue. Give him a call. It can't hurt anything. You can find is number online. Just google him. Don't want to put his number out there because of all the trolls. He's easy to find. He may be able to help you and guide you in some way. He is VERY nice and understanding. Just imagine yourself walking out of that hearing a winner! Imagine opening a letter from SSA that you have been approved! It works because imagination creates reality. It's worked for me time and time again. Believe it and you'll receive! Best of luck to you and I hope Matt can at least give you some guidance on what to do, but VERY wrong of your attorney to do that to you after so long. I have never heard of a disability case taking that long either! That is just crazy! Those vocational "experts" are really just robots and spout out all these supposed jobs you're supposed to be able to do with all those issues, like how?? That's just nuts. I wish you nothing but the best! Blessings to you for the best outcome possible!!! Believe it and you will receive!!!
@@ElizabethF2222 thank you hun, I will look him up, she didn’t even call me to tell me she was leaving my case, she did it all in a letter….
Since it started, I’ve went from walking straight up right, to now I can’t stand up straight 95% of the time now, I also started using a cane & when I go to stores like Walmart I have to use my mobility scooter to get around store in, I can’t see at night good at all, so I don’t drive now, maybe twice a month I drive & it’s less than 2 miles & it’s just to my pharmacy, unless they deliver it to our home….
I can’t stand very long, walk or even sit long without staring to hurt bad, even when my husband & I go somewhere within a hour, I’m in pain to the point of crying allot, I use pain patches along with pain meds & it does help lil bit, right now I’m in so much pain it will take me 4+ hours to get to sleep, heck I still have a electric blanket on me even in the summer, the heat helps my legs some what, I’ll use it for abt a hour or so, I wish the judges etc could watch most for just one week to see how they live, maybe then they might understand more of our pain we live with 24/7/365, I do have a few good days where pain isn’t as bad, but they are far & few in between…..
Ginsberg is a must watch when it comes to getting ready for your ssdi hearing. Watch his play list on hearing questions and sub. That being said please CZcams search Hnot and tune into a live mock hearing every Thursday nights at 7pm central. Join the live chat it’s good practice for all of us! Remember burn all these ssdi hearing videos into your head and you will do just fine during your hearing
Good point about avoiding "absolutes" when answering questions. There is a big difference between your statements in casual conversation and statements made when testifying under oath!
what if your memory is bad from depression or your sensory issues make it hard to translate impulses into simple language. what if your sense of time and space is disrupted or twisted often from manic stress, anxiety or more extreme sesnory issues, even if they flicker or come and go!
I have memory loss due to my syncope & also a mini stroke, I know it will be hard on me in another hearing to be able to answer truthfully, my husband knows the answer to lot that I can’t answer, I’m praying it dont effect me too much…..
How many suicides would you attribute each year to someone either dropped from disability or in the throws of the process? My guess is close to 50 percent. How many people would that be?
Steven, I don't have any answers for you. SSA is a massive bureaucracy and they try to squeeze everyone into the same process. If you are reviewed (and remember that not every case is reviewed), you can request that benefits continue while the review process is going on. I agree with you that there is a disconnect between SSA's desire to see on-going treatment records and the practical problem of affording treatment.
Again, thank you
👍👍👍very good information
Very Informative Video. Thanks for sharing your knowledge.
+Bama MoonDog Thank you!
you either smoke or you don't
Love it!!!!!!!
Do you smok
I was lucky I guess my disability was smooth fast and easy
How you do? what's the update? did they approve your case?
Mines needs a lawyer found a place they referred at the administration place my claim is allowed
To the hearing was only denied ssi. Lawyer application on the way
destroyed his credit
What would happen in the case of someone with such severe anxiety they dont like to leave the home much less appear in front of a judge?
In theory your lawyer could appear without you and present an argument. Or perhaps you could appear by phone. In general, however, I think that you put yourself at a disadvantage by not appearing.
@@ssdattorney just take some extra happy pills to get u thru it they look for anything to deny you on
hey thanks for the information you've given me.I have another question.My lawyer sent me a letter saying I have to go to the insurance company's doctor next month for a final examination before meeting with his doctor but I was already released from a doctor's care with permanent injury under their insurance back in April.My question is if it's already determined that I have a permanent injury why do I need to meet with another 1of their doctor's again?I thought my lawyer's doctor was the last step before going through negotiations for a settlement.
Expect #ssdidisability judges to ask claimants question to which they already know the answer.
Are you old enuff to smok?
I'm confused had my telephone hearing 11/23/20 I am diagnosed with psychosis had an open heart quad bypass recently had a stent also put in and suffer from chronic angina my hearing lasted all of 15 minutes the judge asked me 2 questions how often am I in pain and how long can I shop for but asked no hypothetical questions at all of the vocational witness I don't know if that's good or bad thing I'm very worried please help?
We had a guy that stole 11 bottles of whiskey and they let him go.they said they couldn't make a case out of 11 bottles
Thank u for info. Looking to get back on ssd after being off it for 5 years. Have bipolar rapid cycling. Initial claim 20 years ago approved, now applying for reinstatement.
I messed up my answer yesterday. I was sent to a mental evaluation for CDR yesterday and was given some forms to fill out. One of the questions was about education and asked grade completed. I'm used to two part education questions when I'm asked so I saw that and immediately wrote down what grade I completed in high school. I graduated college though. It dawned on me last night that it never asked about college afterwards. I was so nervous I didn't notice it at the time. They already know I graduated college. I never tried to conceal that I graduated college from them when I applied originally. I didn't do this on purpose. I'm worried about how bad this mistake will hurt my case. I am not sure how to handle it.
I would write up a supplemental answer to the question and send it in, along with an explanation that you misread or didn't understand the question originally.
Thank you.
Who cares
@@marksymbala3454 you will when it's your turn!
@@onlyme6662 f you
I have Bipolar depression. If he judge asked me, "Why are you not going to mental health therapy" [because i'm not]? Is it okay to reply, "Because I used to be a psychotherapist and understand the recommended treatment techniques [because I do]? Please do a video on respectful ways of answering potential questions that could make or break our hearing. I wouldn't be lying but I don't want to come off as arrogant. Thanks
Thankyou for Upload! So sad People lie for the Sake of lieing to other People. 😔
Good info
My hearing is scheduled Dec 2 my judge is a very very strict woman that has denied people for not have clean finger nails or not dressed to suit her, nothing truly to do with the case. Anything at all will count against the disabled person with this judge. Omg I'm terrified!
I agree, there is some judges that are like that, my first hearing I had was a few years ago, well I have a disease that I pass out from called syncope, well my husband wasn’t in room with me during first hearing, my lawyer at the time said when it was over & we walked out that she could tell I was not feeling good, we literally just walked out of room & around corner & I leaned against wall, next thing I did was pass out hard on floor, the judge stuck her head around corner & saw me laying on the floor & went straight back in room, another judge saw me fall along with allot of other ppl, they had to call 911 cause of it being a court building, I was still denied, have been 8+ times, now I’m alone in it & it’s in federal court….
@@lynnburton7873 What did the judge list as reasons for the denial? Sounds like they suspected you were being dramatic or untruthful. Did you have test results proving you had syncope?
If your numbers are accurate that is good info to have. Thank you for your reply.
What role does an attorney play at the hearing? Thanks for your video series. Its very informational.
In many cases the attorney asks most or all of the questions to his client. The purpose of these questions is to help the judge understand what the claimant has been though and to better understand how the client's symptoms impact his/her ability to work. The attorney should also have a thorough knowledge of the medical record as the judge will often ask the lawyer to point to a specific page in the medical record to support assertions made in testimony.
Thank you😀
CD Williams My pleasure - you have inspired me to create a video specifically to address this question. So thank you!
You are to be commended for taking the time out of your schedule to help the people. So thank you! 😀
+CD Williams The role they play is helping you avoid getting tricked with questions and knowing the laws so they can help you in every way legally possible to get and keep your benefits. It is also nice to have a attorney because he/she will help prepare you for the hearings so that you have a better chance of getting approved and keeping benefits. This is especially important when you have a mental disability of any sort even if you have some sort of learning disability which because of being a mental disability does not manifest itself physically like a bad back or missing limb would.
I have a learning disability but never tell any one because I just know that people will say that I am not disabled and that is simply because they don't know me as well as other people such as my mother. I have had this since birth and have been in special classes even in high school and thus I get extremely offended by anyone who would say that I am not disabled. Who the hell are they to judge me like that? They have not been with me all my life and they are ignorant short sighted bastards who apparently don't like anyone but themselves.
I got my approval letter last month how long I have to wait get my award letter an back pay
Normally it takes 4 to 6 weeks to get a written decision then about 4 weeks after than for the $. Congrats on the favorable decision.
Thanks you
hi I have a question I had my hearing June 5 2017 the vocational experts said 2 jobs teddy bear stuffer and. nuts and bolts box packer my lawyer asked can i be out of work more then twice a month she said no can she take a 15 min break every hour she said no the judge asked about my ablasion surgery I'm havein June 7 leave record open 30 days is this strange because expert said no other jobs and I can't do them wit those restriction what do you think of this ?
So would you say that "generally speaking" judges are adversarial in their role in the process, and therefore put in place to keep us from our claim of disability?
Thank you once again for this slant on the process. Every little bit of insight helps me understand the process.
Bob/Okc
I think it depends on the judge. I think that most want to do the right thing and only award benefits to the truly deserving but what constitutes "truly deserving" can vary widely from judge to judge.
I think the stats can answer your question. I don't remember exactly, perhaps the channel operator has better access to them, but it's something along the following lines: Of the people who apply for SSD, approx 30% are approved immediately. Of the people who are turned down and file an appeal, something like 8% are approved. Of the people turned down but get a hearing in front of a judge, approx 60% are approved. In my opinion, the fact that more than half of the claimants speaking to a judge get approved shows that the judges aren't "out to get you" or anything like that, or at least that the vast majority of them are not.
Would I have to deal with this? I won it because of paralysis and a psychiatrist visit
One must be honest.Also do not ramble on.I was asked questions and answered them directly and to the point.I did not ramble on.
If you've got mental health issues, it can be difficult not to ramble.
That's where a good lawyer can help - I tell my clients at the outset that I will interrupt them if they start to ramble. See this video on this very topic - czcams.com/video/8IrW0Uu9waE/video.html
I have depresion p.t.s
D .anxiety in taken effesor xr 75 mg 3 capsule day bebtiime an hydroxyzine 25 mg every 12 houras for anxiety
Do people with schizophrenia not have trials ? My family member just sent in a form and their medical record, there was never a trial or any judge or anything.
They say that on average, around 30% of claimants are accepted immediately. It appears to me that people with (in theory, less provable) mental conditions get accepted much faster than people with only physical conditions.
I was prepared for this, but I may have screwed up. The judge asked me twice (minutes apart) when my last hospitalization was. I've mentioned having trouble with short-term memory due to a medication I take. It's a real side effect, but it would be more accurate to say it slows my cognitive processing & impairs my word-finding ability. I'm pretty sure this was a trick question. The last ALJ decided I lacked credibility based on my grooming, which was utter nonsense. I caught some other trick questions, but I'm worried about that one.
Did you win. Good luck.
I have worked as a union laborer from year 2000 and in 2006 I ruined my shoulders shuvling rock on a blasting tunnel job and in 2007 got hit in the head with a axle from a atv gator motor cart using the Johnny on the spot (bathroom) 2 worker's argued who was going to drive and flew back on a parking meter and ripped the axle which flew into the door hitting me in the top of the head now with the shoulders and damage to my spine from getting hit in head I can't swing a hammer more then 5 minutes without it flying out of my hand the companies I've worked for tell me they can't risk the liability so I filed for disability and seen there doctor and was denied so I have a lawyer doing an appeal I'm just lost for hope
I went before the review judge in March The Judge set me up with another Dr appointment for april 25 now it is july and I have not heard anything...How long do they have to make a decision? Someone told me when they take so long to let you know it is not in your favor.
dv8hays In my experience there is no correlation between the time delay in getting a decision published and favorable or unfavorable news. SSD hearing offices are understaffed and the judge most likely has dozens of cases in the decision pipeline. Best of luck to you with your case.
They get around when they want no set time. Yet they want your stuff asap!
200 cigarettes in a carton, so 10 packs
I have a question.I recently saw copies of my medical records from an IME,FCE and the Orthopedic Dr that were treating me for an on the job injury I had,in which I had to have surgery and they all were consistent in the fact that I never fully recovered from my injury(the IME was done pre surgery and surgery was recommended).My question is with these findings what are my chances of a favorable outcome?
+29larron - I have no way to evaluate without reviewing a file but I suspect that the judge would want to know if and to what degree your condition has changed (improved, stayed the same, or worsened) since your surgery.
+Social Security Disability videos thank you
I have another question maybe you can help with this one.Last week my lawyer sent me a forwarded letter from my former employer's lawyers asking me if I'm receiving any benefits.I checked off no being that workmens comp terminated my benefits back in July,also terminating me as an employee in August and I haven't received any benefits or government assistance including unemployment since.My question to you is,what was the purpose of signing that document?I never thought about it until now and thats why I'm asking you instead of my lawyer,thanks in advance.
+29larron - possibly because the question of whether or not you are receiving Social Security could impact the settlement value of your workers' comp case and it could also mean that a Medicare set aside is necessary. This is a question you really need to pose to your lawyer.
+Social Security Disability videos thanks I asked him since I posted this question.He said these are normal questions posed by the defendants lawyers in these type of cases.Thanks again.
+Social Security Disability videos hi, i had a hearing about a month ago and even though the VE said that i wouldn't be able to fulfill production requirements, the DDS sent me for a cE a couple days ago. I do have several letters and RFCs from both my doctors, the doctor DDS sent me to looked at me for ten minutes. he did take all the records with me. how can I fight back if DDS tries to discredit my doctors? I have several pages of records showing that I am diasabled
Hi There, do you know a good lawyer in Birmingham, Al?
Friedman law firm.
Hi Johnathan at my hearing the judge didn't swear in the vocational expect he said he did that earlyer that day is that illegal because I felt he should of did it in front of me and my lawyer strange and he denied my claim several mistakes in the denial letter is it means for appeal is he wrong for not swearing her in front of us please answer thank you
I don't know if failing to swear in the VE in your presence is reversible error - I would rely on what your lawyer says.
Thank you John for the video
👌👍
200 cigs in carton
Gotta have real medical evidence.
I was asked if I smoked pot! One reason I was turned down because I have pets...really?
Dawn S
Why pets?
You may have been denied for having pets because you can do the activities required to have a pet,walking it(if a dog),feeding ,bathing it.These are skills some vocational expert could determine were transferable. Crazy,isn't it.
@@PC4USE1 agreed! But if your limited to certain activities that you cant do. You can get records out the wazoo,do what they want! They still wont except you it's a disgrace to be unable to enjoy life with disabilities, in their eyes they dont give a flying fuck isnt great to be an American citizen? Land of free my ass! Not with them. Nasty, rude ect. The laws suck for all states! Even our vets who put their lives out to save us what does ss do? Not a damn thing !they are homeless, no food, ect. They want everyone to work no matter what, the boneheads that make up these laws their time will come around and bite them in the ass!
@@PC4USE1 I'm worried about this, too. I broke down crying when I talked about my cat, though, because I said she's one of the only reasons I'm still alive (which is true), and I was devastated by losing my other kitty. The judge said, "So she's really a companion cat, then?" I don't know what she meant, but she is my constant companion since I rarely leave my home, so I said yes.
@@ninedaysjane2466 I know that dogs can be service animals. Perhaps if you can get your cat designated as a service animal by your state it might work in your favor.
What if you used to smoke and you dont remember when you quit?
Will judges look at social media?
Sometimes. I advise my clients to put all their social media profiles on "private."
If they do not, THEY SHOULD!!!!
Absolutely! Everyone has utube even judges, lawyers, doctors they watch what is going on ! Hello! Are you in there?
I just went for my hearing and the V E at the end said it was no jobs I can perform will I when my case?
can you represent me in san Antonio?
+Richard D (love) - no, unfortunately I can't. I'd be happy to make a referral if you would like.
Yes please! I have medical documents, it's a for sure case of serious p.t.s.d!..it has cost me a lot , I even lost my son because of this disorder, I just want a normal life. This is life or death for me. I will be forever grateful to you sir if you can reffer me to a lawyer who actually really cares about helping someone who is in need of help as soon as possible before it's to late for.me:(
+Richard D (love) This is not the way it works. These men and women are professionals first and foremost, and while they may indeed care deeply for their clients, their first job is to secure themselves professionally.
You will need to get a psychiatrist first to agree with your ptsd. If you don't have doctors that can approve of this, then you will not have a case. You will also need consistent treatment history.
You have to shop around for lawyers, and youtube is not the place.
+HelloZooty thanks
Why wouldn't you get back pay
If your onset date was changed to a date close to the date of your approval.
@@ssdattorney you can't change your diagnosis date that's when backpay starts liar
@@ssdattorney I am to the attorney part. I have a diagnosis October 172018 depression and social anxiety by Sicily Morgan
My claim is allowed
I was being ironic.
Mr.ginsberg pleas don't smok
I never have and I never will.
@@ssdattorney good take care
Wow mark your really hitting it off with this lawyer
@@onlyme6662 eatadick
I'm glad I didn't have any bad habits that I need to lie about.😄😮😯🙄😫
Same, too bad we don't get bonus points for not having those habits to begin with, you only get them if you did them at first but then show you tried to stop lol