How to Win Your Reconsideration Appeal with Social Security Disability
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- Опубликовано: 25 июл 2017
- If Social Security denies your application for disability benefits, you will receive a written denial notice that explains very generally why SSA denied your claim. Your denial letter will also advise you that if you want to appeal and keep your claim alive, you must file a request for reconsideration within 60 days from the date you receive the denial notice.
As I discuss in this video, there are three “must do” tactics you should follow if you hope to win a disability approval with your reconsideration appeal.
First, you must file your appeal on time - 60 days is not a lot of time and you need to protect yourself against delays in the mail or processing delays at Social Security.
Second, the language of your reconsideration appeal must be persuasive and focused on the main issue in your SSDI claim - why you cannot work.
Third, if you can point to a particular listing from SSA’s Blue Book, a grid rule, or medical evidence that speaks to your functional capacity for work, your odds of approval go way up because you will be providing the disability adjudicator exactly what he or she needs to stamp your file as “approved.” #socialsecuritydisabilityappeal #socialsecuritydisabilityprocess #ssdiawardletter
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Social Security Disability Attorney
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I JUST WON MY
RECONSIDERATION, FEB 10 2023.
SIX DAYS BEFORE
HEARING, DDS CALLED ME
AND GRANTED ME THE
VICTORY.
That is very good news. Congratulations!
You are a kind gentleman for helping people the way you do, many will never meet you yet you have helped them greatly, thank you so much for the information you give us
Having a disability and being denied benefits would seem to be a reportable case of Financial Exploitation of a disabled person.
I don' t think you would get very far with that argument in a court.
Excellent advice and clearly and easily explained. Thank you, Mr. Ginsberg!
Thank you for your important information. A friend is going through an appeal in July.
Thank you for the information. Trying to help my disabled friend and this helps
I did a functional capacity test, and perfectly fit the grid rules, for reconsideration, and got my denial today. I'm so frustrated with this. My back is horrible, and very painful. Now I'll have to wait two years, and I'll be 64!
I'm gonna try and keep this as short as possible.
I'm about to be 51 yrs old I have spent the last 25 yrs doing all types of jobs mostly construction. I left construction work in early fall of 2018 due to severe pain in my back thinking that another line of work would solve the issues. I took a temp to permanent job with a warehouse distribution company, worked there driving a forklift and pulling orders from October of 2018 till I had to take a short term disability in April of 2019 because I could no longer handle standing, crawling (hunched over) in storage bins or sitting for more 10 to 15 minutes at a time.
At that time I did have BCBS of Illinois. I went to a chiropractor and had no luck. I then went to see my primary to get a referral to a specialist, I had tried all the medications that were prescribed that didn't do anything but leave me either sick to my stomach or just plain didn't work, I even went to every physical therapy appointments that the dr prescribed nothing worked! I had 2 rounds of injections didn't work. So at that point that dr referred me to a pain management dr (which is the same dr that did the first two injections. I actually saw his nurse practitioner due to his high volume of treating patients with injections. She was the only one that I felt new exactly what I had been trying to explain to dr's since day 1. All the meds that she prescribed didn't work I even had 3 more injections within a 5 month time frame nothing changed nothing worked. Dec 21 2020 was the last injections that I had. She then told me that the next step was surgery. Little did I know that BCBS dropped me in January 2021 so I never made it to the follow up to proceed with surgery. My disability hearing was on April 8th 2021, I have had Lincoln Financial that's been paying my long term benifits along with what is now Brown and Brown advocacy group through this whole process and 3 weeks ago I received the denial letter. None of my dr's would do an ability test or functionality test. They told me that I would have to seek out another party which costs $3000 to do! Who has that kind of money BCBS would not cover it. So now that my case is in appeal I do not know what to do! If I am denied again, Lincoln Financial groups obligations ends in November 2021 and I am left stuck with no financial resources! I am here looking for advice as to what I need to do. I have recently obtained personal insurance in hopes of gaining new evidence. I have chronic lower back pain with bone deterioration and severe arthritis. It seems to me that nobody's doing there job!!! Lincoln calls me once a month I guess to check in or keep in touch, Brown and Brown does call me but only when they need me to do their job (hunt down paper work). When my hearing took place the judge ask me simple yes no questions and didn't care to hear my story!!! I thought that that's what court was about???? This whole thing has gotten really stupid. I have 4 months left before I no longer receive finnances from Lincoln. I feel like giving up. I cannot work due to the stress and fatigue that this aggravating pain causes because I cannot commit to any task that requires me to be at a job and be productive. We are on the verge of loosing everything we have ever worked for!
My doctor did a full functional capasity report for my original application that met 2 listings and they still spit in my face. It really seems like they have no rhyme or reason to their process. I picture someone sitting at a desk with a pile of applications and a stamp that says denied and they just sit there for 8 hours a day stamping DENIED DENIED DENIED and once every hour they stamp APPROVED. I know this is unreal but after all of the nonsence i have been through with them, i honestly don't believe i'm too far off.
My attorney just told me that my case has been considered critical and has been expedited. She said that's a positive sign. I certainly hope so.
Sounds like good news to me as well.
Best of luck....hope it works in your favor😊😊
Thank you Mr Ginseng. Thank you so much for your advice. Very kind of you. I have been battling cancer, multiple surgeries forc12 years. As of today I have severe complications from aggressive chemo and radiation. My complications are chronic and doesn't let me sleep at nights. My intestines are damaged, my kidney is damaged, I have severe adema. Also later days I developed severe anxiety and depression. I really am ill. But my social security sent me a letter saying I am no longer disabled. I want to know why social security does this to Ill people. Honestly I am so exhausted I can't even go through those steps youve mentioned. I can't concentrate from anxiety and depression. When I got the letter and went to the website. I felt like I was going to build a rocket. Even simple tasks feels exhausting. For ill people it's not that easy to follow those steps. And you don't have enough money to hire a lawyer. What should I or anyone else struggling out there like i do, what should we do now? Your advice would be greatly appreciated. 🙏
The Gov is screwed up....there is a kid who has lost his leg in an car accident and they denied that kid benefits.. Sad🥺
I just found out this morning that I was initially Denied. Letter dated 4/23, I received it 4/26. I was an LTD Adjuster, very sloppy explanation of denial. Were the list medical resources, I have been treating w 1 of those Dr's for 5 years, they obtained 2 notes, my Neurologist which was the key, she even filled out RFC, Adjuster used 2 of 5 office visit notes, etc.. I'm seeing a lawyer next Friday. What really stinks is NY just reinstated Recon Level a few months ago, we were one of few states were u went to ALJ, in NY I looked up time to see ALJ, average wait is 22 months, and add more since they just added Recon. The attorney I talked to today even said Recon is a Delay Tactic.
My son has been getting ssi since he was 4 due to Autism & severe learning disorder, social anxiety. they send him to get an assessment & now denying him , saying he is no longer disabled . So frustrating !! Their assessment was stupid & asked dumb questions.
Did you win your reconsideration?
The are very clever as using time to deny.
Chicanery.
DVincentW True that!
Thank you!
I got denied by my judge and my lawyer has not helped me do anything. I only talked to my lawyer for 10 minutes in 2 years of waiting. So now I have no faith that she will even help me threw the appeal. I will schedule an appointment to see all my doctors and get Moore papers myself.
I had so many errors in my unfavorable decision letter. I highlighted everything and made corrections and explained the errors and I even included the listings that I do meet.
Did you get approved? I was denied at the hearing as well and the job expert answered no to everything basically saying I couldn't perform task
Thank you so much😄👍👍
You are very welcome. Thanks for the comment.
I have major depressive disorder and appealing my case and ptsd
Good luck
Did you appeal?
Thank you !!!!
I'm a 57 year old single dad and a disabled veteran.
If I lose my reconsideration, shouldn't I just drop my case and start over new? Also I wish you were my lawyer. You're pretty sharp. I've spoken to my SSDI lawyer like once. I think she's comfortable going for the long haul while me and my 12 year old starve.
No, do not start over if you are denied at recon. Appeal and request a hearing otherwise you would be adding another year to the process.
👍👍👍👍👍 Thank You So Much
Good show
hello mr ginsberg im a fan of your videos can you do a video on getting apporved by the appeals council if denied at the hearing level ......approval rates? what things get the appeals council to overturn the judge decision do mental rfcs help strengthen a case ..any appeals council videos? your experience with winning at the appeals council is the waiting period just as long as the hearing to see a judge
superdeejaycool Yes I Was Thinking The Samething He Should Do A Video On Appeal Council
I have a winnable case and in the reconsideration stage just needed an advocate to progress to finish the claim
Is past part time employment taken into consideration or strictly medical reasons?
How do I know my lawyers doing her job ? She seems aggregated when ever I talk to her . She called me looking for paperwork that I already sent for my hearing , and a function report . A week later a received my first denial . My orthopedic won't support long term disability .
Of course don't wait 60 days. You have to act fast!! Those 60 days go by quick and these days your attorney may be busy with a lot of other things. They will appreciate it so much if you get in touch with them as soon as possible. Don't be one of those procrastinators. You can do it after the 60 days if you have a good reason but just avoid that and do it as soon as you see the letter. You can not put these things off if you want to win. They will not procrastinate on terminating your benefits when you don't respond or appeal.
I meet a Listing under SSA LAW. I acquired a doctor's medical letter outlining my condition. My lawyer sent in missing medical records and this doctors letter. Are you saying the letter will be permissible despite acquiring it after the denial?
I have filed for reconsider for 6 months and I have not heard from ssa yet. but I have 2mri exams spinal fusion surgery and low back problems like bulging disc at L2-5 and s1 with a tear in one disc and questionable spondylosis. And this is new from the first time. Because I have not been able to work for 11/2 years. Just wondering with this new information what you think might be the results.
Got an attorney and still got denied. Hopefully they'll appeal it. I left a message.
I wish I saw this before now
How about errors the judge made? My judge declared I could do light duty CNA work. There is no such thing! He also did not follow the grid rules, and used those for someone age 54. I am 63!
My mother has been denied twice , she has major depression , ssi said it was because she paused her physiatrist doctors appointments and now says shes unfavorable. Should she appeal it? Would it be good idea to get a attorney for a representative.
Liked and subscibed
Thank you.
Jonathan, do you only do cases in Georgia? Do you recommend anyone in Michigan?
No, I handle cases nationally.
Social Security Administration used the word validation as my appeal then cancelled appeal, is a violation of 1st, 4th, 5th, 14th, and 15th amendments of the Constitution. I haven't done any recertifications for almost 3 years and refuse to attend any appointments for the rest of my life, because of the 'Debt Bondage' that has been placed on my person.
My doctor stated that she dont do Functional capacity exams,I have go to Nova Care and pay for it my self,?How can i get one?
I had to quit working almost two years ago. I am legally blind 20/400 and worse in the other eye. My jobs in the last 15 years both consisted of duties of which eye sight was critical. One being the monitoring and transporting of federal inmates, the other monitoring of truck drivers safety and investigating accidents. In both jobs was required to maintain a valid drivers license, which I can no longer do. What are my chances for approval?
wish you had the ability to practice in arkansas. im almost certain you could win my case. im prose now due to a bad situation with poor representation (nuff said) but have file a federal appeal and lost my appeal due to a requested brief with disability law being quoted as a requirement. i tried to write a statement the best i could but they found in her favor (ssas) after somehow suppressing my medical evidence in favor of her personal opinion.
got a week left to write another appeal to the 8th district and skimming the net for more videos :(
I was a CNA for 30 years, and the grid rules say I have no transferable skills, and I'm going to be 62 in January. I also did a functional capacity test. Do I have a good shot at winning my reconsideration? I have 4 back issues.
Is it to any advantage for the lawyer to help you on reconsideration? There is no money in it for them. If you wait for an ALJ then there is back pay
Hi Johnathan I just got denied at my hearing I had an attorney and she's very upset my records are very detailed and my rfcs were very limited doctors supportive and lots of testing catscans exrays pychitist and all she said it was very unfair should I start over or go to appeal council please answer me thank you or should I start over do I have a better chance start over
Shakeema, I would defer to your attorney regarding advice about starting over vs. appealing to the Appeals Council. There are pros and cons to both approaches.
you mean to tell me even with rfcs you still got denied was your doctors not supportive ? what happened cause ginsburg mentions rfcs alot ..not getting your case at all .......very disturbed
Was found medical disabled but not severed enough lol wtf
:( I applied for an Appeal and I added on the form and added more things on the list hopefully that’s enough
The lawyer is good at this she said normally on the hearing we will win so waiting at grandma house until the hearing comes.
Does this stuff apply to a recon for termination? God I wish the odds were better. Are the forms for recon CDR 789 an 795...anything else? THANKS. Oh I see 561 says Request for Request for Reconsideration. Confusing. :)
I’m unable to walk more than 15 minutes due to arthritis in my ankles. I also get back pains within 10 minutes of standing and it increases and adds nerve pain down both legs due to 2 spinal surgeries and another pinched nerve. I also suffer from severe manic bipolar depression where it’s so severe I can’t get out of bed this happens 3-4 days a week I also suffer from social anxiety where at times I get panic attacks and PTSD. I was denied, do I have a case?
denied but at the hearing i thought the witness said zero after missing time, the decision doesnt say that, it says able to work but not her exact words, trying to get her exact response, so far their discs wont read, any suggestions how to get the trascripts of the hearing testimony for rebuttal? they are sending new disc, trying again, thanks
I don't think that SSA provides transcripts so the disc would be your best starting point for reviewing what happened.
they got me transcripts and the transcripts contradict the alj transcripts say zero.among other contradictions, all clear in the transcripts. thanks
My case got denied hearing level. Not sure what to do.
Thank you, God bless
How can I speak to you?
My doctor just disabled me on a state level form for other state aid. This was a state form and he put I can’t work at all as well as my conditions . He put that I’m temporary disabled 6 months instead of permanent. Mainly bc he is not a specialist and didn’t know how severe my condition is. Now I have a appointment with a cardiologist and endocrinologist. My question is those appt are in the week to comes... my ssi reconsderation appeal is almost over will the general physicians form be enough? I got be enough? I got disabled at a state level for state aid
Sergio, SSDI requires that you have an impairment that has lasted or is expected to last 12 consecutive months. Also the approval percentage at recon is very low. So, my guess is that you will get denied at recon and will have to take your case to an SSD judge.
I don’t know how to fill out 561.
They sent 4 of them.
They sent me to one of their functional capacity evaluators, it was ridiculous, they did not consider my health issue, they just did useless tests like can i pus this , etc. If I go ask my personal doctor for one of these will it be different?
al videos Same happened to me. Insulting & a joke designed purely to cut you off.
Just got a letter today on form S.S. wanting all my medical records saying my SS has stopped due to work I only work 1 day a week security never made over $900.00 most time only about $500.00 I have Parkinson Diease
I just got denied my first application. My attorney has appealed for me. I asked them about RFC forms and they gave them to me. Will they be used at the reconsideration level or are they strictly for a hearing?
Excellent inquiry
2 months later, still no excellent answer ha. I sent in two RFC forms. One wasnt completely filled out because he wasnt sure. My specialist who treats me does not fill out RFC forms. My 2nd RFC form was filled out completely and is totally in my favor including saying that i was permananetly disabled. Waiting on the decision. Been waiting since october.
Hi. I have a dilemma that might be interesting. I had my first denial and am in the recon stage. I had a consultative exam and when I got my denail letter, I asked for a copy of the SSA Doctor's report. The report asked the Doc "do you feel the condition has or will impose for 12 months". She answered yes. Then says "Secondary to his psychological symptoms of racing thoughts, irritability and distractibility, he will have difficulty completing a normal work day and work week as well as maintaining regular attendance". I took this all to mean that even though the SSA doc reported I was disabled, I was still denied. Does this happen a lot? Also, last year I applied to the Department of Education for Student Loan forgiveness based on disability. My psychiatrist submitted the paperwork and it was approved. I gave a copy of the psychiatrists "page 4" of the application as a part of my initial application. I did not see Dept of Education under the list of evidence SSA considered. So based on these 2 things I filed my reconsideration. How are my chances?
Mikey, it is not uncommon for state agency adjudicators to issue denials in the face of evidence of disability. My experience has been that adjudicators are looking for listing level impairments, and they are looking for medical issues where there is objective testing. Since mental health problems cannot be "observed" it does not surprise me at all that you were denied. If you have solid medical records you should fare much better when you get to a hearing.
@@ssdattorney Thank you so much for your reply. Sounds like Adjudicators sort out the less complex cases that can be proven objectively (test, scans, x-rays ), and leave it to the ALJ or attorneys to put the puzzle of medical records together in more complex cases especially one based on subjectivity like mine (Bipolar Disorder) even though my case meets the listing. Is that safe to say?
I’m going to a appeal now I’m so mad
They sent me a new adult daily function form and I have twenty days to return it .
I know some people are getting them to here in Michigan must be something new
what if the doctor they gave that tested you was years ago and in another state because that is my case .i have had my ssi since was in my 20's and i just got a letter ssa say's i cant have my ssi. for refrence my ssi is how i live and pay rent and bills
Wow! Seems disheartening. But I'll just keep on trying. I just got denied Today but the Letter was dated four Days before. I phoned the Office and the Man that answered he told me he would send me the Reconsideration Forms. I phoned a Paralegal and she said she would help me. I don't know. I am not that bright. They told me in the Letter that I could stand most of the Day but I can't. My Legs, Back and Hips kill at the end of standing just 1 to 2 Hours. When I get Home my Legs throb mad bad and they told me I am able to work?! Even after a 5 Hour Work Day, the next Day my Legs are still hurting and the Pain is still there. It takes me forever to get up from Bed and alot of Times I just wish The Great One would send the Valkyries to take me Home, thats how bad the Pain be. I want to work but I can't. The Quality of Life really stinks now! Being 57 now and feeling more like 97! I just have to keep trying I reckon. 😩
Beth Cialek Morning
From my experience and after watching these vids, You need to have records from your physician that support your claims in how your medical conditions physically and/or mentally impair you. Social Security doesn't really take into consideration your own personal account. They do however accept witness testimony from friends family and co-workers about your conditions and how that has affected your daily ability to function and work. But the single most important takeaway from Mr Ginsbergs videos is being under the care of a health professional and getting and keeping all records pertaining to your disability.
I have been waiting since March to hear back from the appeal for reconsideration, is that normal?
I need to know that myself.
😘 👍
I'm in Kentucky can I hire you for SSDI
Do the representatives for claimants ever delay through the process somehow to make the back pay a larger amount so their percentage on a claim is higher?
Terry, I get this question several times a year and the answer is "no." Fir st of all, the appeal deadlines are only 60 days so appeals must be filed within this time limit. Secondly, representative have no control over when SSA adjudicators decide cases or when SSA hearing offices schedule hearings. Third, given how inconsistent SSA is, no one in their right mind would turn the chance at an early approval hoping that another SSA decision maker might issue an approval at some unknown date in the future. Fourth, for attorneys it would be unethical to do anything contrary to our client's best interest.
@@ssdattorney thanks for replying.
What if you meet a grid rule but you are under 50? I have documented proof that I can't work a sitting job. Will I still use the grid rule in my case? My medical 500 report states I can only sit 4 hours out of a 8 hour work day. Same with other limitations.
The grid rules generally apply only at age 50 (only a few apply to younger claimants). I have successfully asked a judge to use the "grid framework" to approve a client who was 49 1/2 but if you are much younger than this, then you may have to use a different theory of disability or agree to an onset as of age 50.
I will be able to use a listing theory. I studied all of your videos. I have a solid case full of proper evidence and paperwork by social security's definition. My doctor has supported me on this. I'm in the appeal stage. Is it possible to get my case reviewed before June 1st by you? Maybe representation if necessary? I want to submit my appeal on that date so I will be on the 40 day mark out of 60.@@ssdattorney
Wait, you arent talking about the Appeals Council.
IF YOU HAVE ALREADY BEEN APPROVED FOR DISABILITY AND YOU HAD A LAWYER REPRESENT YOU HOWEVER YOU NOW HAVE CANCER AND YOUR SITUATION HAS WORSENED SHOULD YOU REQUEST AN APPEAL ?
I won my SS Disability case but I just got something in the mail to also send information for SSI because I applied for both. Now if I go through all this paperwork for SSI do I have to go before a judge again and do I have to get all medical forms Filled out from my psychiatrist and my counselor and whoever else? Or do I just have to give all this paperwork to the Social Security office and they make a decision?
I just got deny first try
I had hyperthyrodism from toxic goiter
And I did thyroidectomy and now I have hypothyroidism
I did not send RFC first time
If I send one with my recon .could this be helpfull
I suffer from musclue and joint pain fatigue and one anti anxity medication with side effects
I have I lawyer in my recon
What is my chance?
They sent me to CE
My deny letter say not severe enough
I am waiting for the revonsideration hearing..ive already been evaluated by a doctor and a mental exam. Inotially , I wasnt clear.
explaining my issues..because I hadnt quite faced the issues that accumulated since i was a child..re: traumatic incidents that I thonk moghtvee affected me..my life choices..etc. ( I only rexently acknowledgwd that I hadnt dealt with any of it..now I made a list of incidents that I belireve are relevant..My question is..HOW CAN I SEND A LETTER OF MY ACCOUNTS DIRECTLY TO THE JUDGE? I want to deal with it and move on from past baggage..it became tok heavy to carry.
Good question!
What about children case
I don't focus on child SSI claims on this channel. Generally speaking child SSI claims need to meet a child listing - www.ssa.gov/disability/professionals/bluebook/ChildhoodListings.htm
I added my kids on there
fudgey judgey says i can do light work at 64, which may be true, but who the hell is going to hire me for "light work" at 64 ?? 🤣😂 There is the world of private sector work reality, which i spent 55 years in... and then theirs the world of ALJ "work unreality", who speaks from zero private sector experience. Gooberment, they love to take your money, but hate to give it back.
This is all obvious. But what if u are in natural healing and do not do western medicine? Then what?
lolol
How about some real advice?? This kindergarten 101. Very condescending! And you think this helps somebody get to the Grits here this is all just about day too don't forget to put this paper and make sure you have the right appeal if you don't know that much well then you couldn't even get this far good night sir I don't understand how these people get paid to be so useless to the rest of us anyway!