Last Minute Disability Hearing Preparation Advice
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- čas přidán 12. 09. 2024
- You have waited for months, possibly even years for your Social Security disability hearing. You have met with your lawyer two weeks ago for a pre-hearing conference and you have your list of medications and a list of your past jobs in front of you. Is that enough? Are you ready for your hearing.
Your hearing before an administrative law judge (ALJ) is your best opportunity to win your case. The State Agency adjudicators who denied your initial application and your reconsideration appeal do not have the authority to interpret your medical record - at these earlier stages of review, you will most likely win only if you meet one of Social Security’s listings and the medical evidence is overwhelming.
A loss at the hearing means you have to either start over, or pursue an appeal with the Appeals Council where your chances of success are very small. Your ALJ hearing is your best opportunity to win.
As discussed in this video, I advise my clients to arrive 30 to 40 minutes early. This will give us a chance to clear up any questions and gives me the opportunity to remind my clients about how to testify effectively and about the big picture issues they need to keep in mind.
In this video I discuss what I include in these last minute, pre-hearing conversations. As I tell my clients, “if you remember nothing else about our hearing preparation, keep these tips in mind and you will improve your chances at winning.” I hope you find this advice useful as well.
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Don't know where to begin? Download my free
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============== FREE CASE EVALUATION =============
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=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: www.ssdAnswers.com
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Telephone: 800-890-2262
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I want to thank you for the advice. It helped so much during my disability hearing a lot and it seems my lawyer was impressed as well, giving me an ovation for being so thorough and precise with my wording like you said. The Lawyer was so shocked by my testimony that he says we have a good chance of winning. Thank you so much sir!! Thank you so much!
Roxasofmalice hey did you get your benefits? Keep us posted, would love to hear how it’s going out there.
With all due respect, my SSD lawyer is awful. I wish Ginsberg was my lawyer. Thanks for all the great, free, advise. I crammed two days before my telephone hearing, with audio technical difficulties, that I waited 2 1/2 years for (6 months delay from 2 hearing postponements), and was able to pull it off solely based on Ginsberg's YT videos. You're a lifesaver. Thanks, and God Bless.
I’m same way, no disrespect to the lawyer I did have, she was way younger than I am, she has not been a disability lawyer very long, I had not even heard of Mr Ginsburg at that time, but she sent me a letter in the mail saying she don’t believe she can win my car fire me, so now after 8 to 9 years I’m on my own with my case & it’s in federal court & abt to get a hearing with it after 2.5 years....
A few minutes before my hearing my lawyer urged me to relax, and speak slowly and clearly. He said that I should show the judge that I am actively trying to return to work, even if my disability at the present time prevents me from working. He felt like that was the most important thing: to show the judge that I was making an effort.
That was very good advice by your lawyer.
Thankyou for your sound Advice Sir! Your Videos keep me sane. I'm currently in my first Appeal. Thankyou for all you do for People who are in the Throws of applying for SSDI, SSI. Bless your Heart! 🙏
Thanks for the kind words, Beth.
I was approved today in just 6 weeks. However, I have a condition on the CAL list and I gave them clear, objective evidence supporting my diagnosis. Very thankful.
Everyone talks about having a hearing,but never come back to tell how it goes
I had my hearing the alj judge said my neurologist who i was referred to with 30 years experience did not know what he was talking about.When he said i was disabled.The alj lied in his report and put words in my mouth that i did not say at hearing.He exaggerated things also.For example he said i use to smoke 4 packs of cigs a day i said 1 pack had to wing myself off them.He ask if i shop i said i might go in a store and get bread,he said i admit i shop 3 or 4 times a week wow.Wonder why he would lie knowing it been recorded.He gave 3 hypothetical question it was yes,yes,no but only one yes was on denial letter.My lawer said it was good sign i won,but cnt be to sure at hearing when he said there are no jobs Why would alj lie like this is beyound me
@@deepfreezer1583 my lawyer I did have, before she basically just walked away from my case did sorta the same thing to me, I know one particular thing she said was, one time I had been took to the hospital by ambulance, I never was took by ambulance, i confronted her abt it & all she said was it’s not gonna hurt me, that among other things must have cause I’m going on 9 years trying to get my disability & now I’m on my own & probably getting ready to go through federal court alone as well.....
@@mechanicswife wow....did you keep filing for 9 years or did you have a few hearings and kept repeating procedures from strach, like refilling with ssa.
@@deepfreezer1583 no, I didn’t refile, mine is a on going case, I got a email from federal court Wednesday & I got to respond to it by June 16, 2021, I’m sure it’s abt my federal court case, I’ve never started over etc with mine.....
@@mechanicswife ok thanks... how long did it take for federal court to send you email after you file? Did you see the alj more than once? I was denied 2 times by alj but my case was sent back to alj from appeal court the second denial. It's been 4 years for me that's why I asked,I'm at the federal level now.I got my state senators to expedite my case before I was at federal level.
The only time my attorney went over anything with me was the day of my hearing and hour before my hearing. I met with him about 2 months before only to make sure all my medical records were there. He never wanted to answer my questions. Said I was over thinking things. So the day of my hearing, he only went over a few things with me. I feel I didn’t answer like I should have on some questions. Because I just didn’t know. Now to wait to see what the Judge says.
What did the judge say?
Thank you. I needed this.
Very helpful. You are a very detailed and thorough attorney. Thank you for the advice.
My Hearing is August 22 I called lawyers office to make sure they been getting medical from all my doctors Glad I did my primary doctor never got forms from my lawyer neither did my foot Dr(lawyer sent out end of June) so I got on the phone and within 3 days all my medical is now in, so my advice always check in Lawyers office did Thank me I just wanted to make sure everything was there:) So my advice check in I understand my lawyer has many clients and things happen,I didnt want any missing parts of the puzzle:) Wish me luck and prayers its been over 2 years in the waiting!! AND HAPPY I am the 1st one to go in front of the judge before his long day...lol mine Judge tho will be on video
Good move on your part. It is always surprising to me how often doctors' offices do not respond to requests for medical records, and a complete medical file is necessary for SSD. Good luck.
Ty love your videos just thought I would give advice best advocate is yourself I always say!!lol
I hear you saying in the video that ability to do a very simple job such as Walmart greeter and willingness to do.a simple job are the important issues
thanks for taking the time to do this, useful info.
My pleasure - thanks for watching and commenting.
Thank you very much, great Counselor. God Bless you!
Thank you very much.
There seems to be so much emphasis on physical impairments. What about mental health issues? I can pick up a 60lbs bag of concrete (I couldn't do it repetitively for an 8-hrs a day) but having Bipolar and Depression makes this work impossible to maintain because the symptoms are so disruptive, I can't perform my job. I'd like to think that an ALJ understands how mental health disorders affect a person's ability to maintain work?
Good point - you can win for mental health impairments but it is difficult since mental health issues are "invisible" and can't be imaged using an MRI or CT. Here are my thoughts about what it takes to win a mental health case currently: czcams.com/video/xm8KXrijmJE/video.html
I watched all your videos and I froze up In my hearing at the end I asked if I could leave I was scared to death the me didn’t sound in my favor I got a bench decision I didn’t even get to a ce now I think I wait for writen
How did you do
What happened in your case since a yr ago??
Thank you Jonathan Ginsberg
I'm so mad hv a hearing tomorow but atorney has not contacted me yet to go over my case.i feel like a number .I wish some lawfirms stop treating people like a number. Thanks for your vids very helpful understanding the process.
Very helpful and very generous to share
Thank you!
Hello there sir.
I wished my attorney had prepped me as much. All I got was a 45 minute phone call 8 days before my hearing and I'm feeling confused about everything after waiting 2+ years. He ran me through some questions but I have NO clue as to his feedback or coaching help. Wish me luck... my long-awaited hearing is now a few days away.
What should I do Mr. Ginsberg?
Hey...how did you make out?
what happened?
redwhitentrue I do hope you won your Case! It's a Nightmare! I'm on my first Appeal after I applied and was denied. I was told to appeal it. Its so embarrassing knowing I have to go for SSDI! Being only 57 and not being able to no longer suck it up and move on after all these Years, is terrible!
Beth Cialek oh man, I’m sorry you are also going through this but we are rooting for you. On the same boat ☝🏼
@@battybethc I know how you feel, I was in the nursing field & at 46 years old I had 6+ heart attacks in 2 hours, 3 months later I had a mini stroke, my health keeps going down hill fast, also have a cpl autoimmune disease’s, but the one that gets me is, I have a disease called syncope that I pass out from, I never know when it will happen, so I’d in in hospital or nursing home helping a resident & I start feeling funny & pass out, I fall along with my resident, that isn’t good at all, in all reality I’m a huge liability to anywhere I work.......
im annie. acoustic neoroma. im so disabled, cant help myself. homeless. disorientsd and alone. your videos sorta keep me going. im about to be in 2appeal.
annie420 kauppila Oh I do hope you win your Case! My Prayers to you Annie! 🙏
Been 4 years did they approved you or what ?
When TBI is your disability, when describing a "normal day" to judge how do you describe the reasons for only being able to sit for 10-15 minutes being "unexplained sense of urgency to try and do something", "confusion", " uncontrollable feeling of uselessness" without sounding like your over exaggerating your condition?
I had the worst judge AND lawyer in the history of both. Omg!
What happened?
Which work do you like better in your practice, disability or bankruptcy?
Thank you for all of your advice! Do you have any advice for winning a disability claim with narcolepsy with cataplexy?
My daughter suffers from this also..she was diagnosed at 13
Me Ginsberg - THE BEST !
Fired the lawyer i had and since then no ones wanted to take on my case. My hearing is week after next and im ao nervous. I vocal tick so im worried that they wont take me serious 😢
Thank you
Hey Jonathan,
I am 30yrs old morbidly obese, with severe sleep apnea, acute pancreatitis and heart complications. I cant bend, crouch or pick myself up if on the floor. i can stand for 5-7min, walk 15-20yrds then need to sit, depending on the chair i can sit for 10-15min before needing to stand and walk for 2-3 min... One of my biggest limitations is that i need assistance bathing and cleaning after using the restroom.... Is needing assistance with personal hygiene something that helps my case?
It is, but you will have an uphill battle because of your age. You will need to show a consistent medical treatment record and submit solid medical/vocational support from a treating doctor.
Thanks for ur response, i am waiting for my hearing coming up next month... Hopefully it be favorable... I am in dire need of the benefits due to my medical expenses. Again thank u for ur response.
I too was way over weight had gastric BYpass in 2008 lost over 200 lbs, didnt help my DX but did help a wee bit
how do i get vocational support i thought they had experts for that my doc says he doesnt get paid enough to determine if im disabled or not he wouldnt vote either way because my case is complicated@@ssdattorney
What about mental and emotional limitations at the work site?
super helpful!!!
Thank you.
Social Security Disability videos i have my disability hearing on thursday and i am so nervous, scared. i’m working on watching your vids to calm me and prepare me. it’s just the high stakes of i can’t even get medical treatment or pay bills and this is just so crazy making! thanks for putting your videos out there!
Do you only take cases that you know will win?
GIven that I am paid on a "no fee unless we win" basis I only take cases where I think there is a reasonable chance at success.
Thank you.
You are welcome.
I have a hearing In Dec By Phone. What can I do to prepare and the right info to have?
Here is a video I recorded about this: czcams.com/video/A1bfdlSEv9A/video.html. I will be recording more about phone hearings in the next few weeks.
@@ssdattorney have watched it. Thanks love these video's they r very helpfull.
At Zoah P have you heard anything. My hearing is in three weeks and this is my second time and I am more nervous this time then before.
@@thereciastreet9496 yes was denied it took 11 days for a decision. Keep track after yr hearing. Go to S.S. office website sign up.
thankyou for the help but what if my attonery dosent defend me to a aggressive judge example during my first my atty asked me a question but i didn’t understand him because he’s quadriplegic and takes medication they give some real bad dry mouth when i asked him to repeat it since I didn’t understand him the judge jumped on me saying don’t speak over your attorney my attorney did nothing about it in response what do I do now ?
me clicking button 1000th like !
Alj phone hearing cancelled why is this
How can you survive in this world working at Walmart!? I'm so confused how these judges make decisions. I have serious issues with my body and I have a hearing this week and if I'm deemed to work at Walmart cause I can stand or can't then this world is truly fucked!
SSA defines disability in terms of whether you have the capacity to perform a simple, entry-level job. It is not relevant to SSA that one of these entry level jobs would only pay minimum wage or even that such a job does not exist nearby. I understand your frustration but these are the rules set out by SSA.
@@ssdattorney understood. Thanks!