What Not to Say at Your Disability Hearing

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  • Опубликовано: 14 окт 2024
  • Are you worried that you might say the wrong thing at your hearing for Social Security Disability benefits? While you may have waited 2 years or longer for the opportunity to meet with a judge, your hearing will only last about 45 minutes. And every word you say is important.
    Over the years I have seen clients help themselves and hurt themselves with their testimony. In this video I discuss a type of testimony that is almost always a big mistake - and that it telling the judge that you know you are disabled because no one would hire you in your current condition.
    Why is this “no one will hire me” statements such a mistake? What are more effective types of testimony? I explain the answers to these questions and more in this video.
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Комментарии • 53

  • @cindyporter7396
    @cindyporter7396 4 года назад +1

    Thank you so much. This is an incredible service that you offer, a true SSDI interpreter!

  • @raquellemayorga1842
    @raquellemayorga1842 4 года назад +6

    I've been watching your videos and find them very helpful. My hearing is June 9th,because of the Covid 19 my hearing will be over the phone. I don't know if that's going to be a good thing or something I need to worry about. What do you think? I'm 55 and have a long history of work. I also have very bad depression and post dramatic disorder do to a tragedy that happened long ago! I'd like to see a video about over the phone hearing because of the covid situation thankfully Raquelle

    • @ssdattorney
      @ssdattorney  4 года назад +8

      Raquelle, I have not seen any statistics but my personal experience with phone hearings has been good. I am thinking that when a judge finds himself or herself holding a hearing in a shelter at home setting it really drives home the reality that entry level jobs in this economy are tight and that claimants with health problems are really going to struggle trying to find work.

  • @evasaunders756
    @evasaunders756 2 года назад

    Some good tips to know!

  • @ellascott4506
    @ellascott4506 3 года назад +1

    Love your videos my hearing coming up in January 5th I'm so nervous

    • @slickwhisper8303
      @slickwhisper8303 3 года назад

      How did it go? Any tips mine is tomorrow morning

  • @ricksolis3942
    @ricksolis3942 7 лет назад +3

    Thank you a million for your informative videos!

  • @emaildavinam
    @emaildavinam 7 лет назад +14

    Yesterday, I asked about having a healthy diet when somebody is on food stamps. Somebody who actually conducts public assistance appeals said to me that people with disabilities should grow their own fruit and vegetables in the garden if they can't afford food. Am I alone in thinking that this person has absolutely no idea about the reality people with disabilities on Social Security income face? I am severely visually impaired and I grew up in rural Florida and know how tough it is to do anything when you live in a rule area with no transportation. She said to me also, why do people live in rural areas then if they can't drive or have no access to people Who can give them lift? I was so speechless, I didn't even bother to respond. Somebody else chimed in and also said that toiletries weren't necessities. I'm pretty sure if you ask a dentist, they're going to tell you that brushing your teeth is a necessity. Unless people are willing to pay your medical bills when all of your teeth need to be pulled out because they rotted.

    • @ssdattorney
      @ssdattorney  7 лет назад +11

      Unfortunately it is a lot easier to spew rude and ignorant comments than it is to live with a severe disability. Those types of ignorant comments directed against you are not deserving of a response.

    • @SincerestSawa
      @SincerestSawa 4 года назад +3

      So sorry those people said those things. Makes me feel sick just reading. And infuriated. It would be hard for me not to lash out cry or scream. I would love to be able to grow my own food but there's no way I'd be able to maintain it, don't have the strength or energy

    • @suzramuse
      @suzramuse 4 года назад +1

      I started a garden in the community garden but couldn't maintain it like they wanted. Oh, well. I was glad to get out and proud of trying!

    • @angelsbutterflies6293
      @angelsbutterflies6293 4 года назад

      That in my opinion was very rude of them to say because they may not live in that type of position and also they obviously don't have a disability and it's not they're place to judge others as some do and some don't. Some are nice and just do they're jobs and some of course they've gotta put there two cents in. One lady said that if you can fold napkins that you aren't disabled. Did she once know anything about the condition of the person or if they had to take so many bathroom breaks or how long they could sit or stand at one time? The last time i checked they didn't hire people to fold napkins usually waitresses do that and they're not gonna hire anyone just to fold napkins i mean she's embarrassing herself and is a judgemental person when frankly it's none of her business she isn't the attorney. The best thing you can do is ignore people like that because not all people live in town were they have bus transportation at all and some people can drive while some can't. The point being that person has no right to tell you what to do period, her job is not to judge others and tell them what to do. She should do her job in the manner she is expected to do and that's why you get names, times and dates to document things in case you ever got to report them and they're on a recorded line anyways . Don't let them bother you because you know yourself when they know nothing about you and they wanna try and make you angry and don't let them get the satisfaction because they're not worth it. They should be glad that they can work and have a job because who would want to live off of disability if they didn't have to for real because they should be lucky that they have they're health that's for sure.

  • @KimberlyBaker121
    @KimberlyBaker121 9 лет назад +8

    I have a question for you. I have the capacity to get many jobs but there are parts of my personality disorders, Bpd, major depression and ptsd that make it possible that I will walk out of the job if I feel under pressure, I will harbor feelings of paranoia that others don't like me and are talking about me and this puts me in a fight or flight mode. I hate being this immature and I hate that this happens to me. I don't know what to do. I have been to hearings and have broken down as you say because of the humiliation of having to face these facts. I might even walk out if I "cant take it". It can be a variety of things.... What do I say to the judge? I am in intelligent person and am afraid to show this to the judge. I have personality issues. Major. People don't like me. I couldn't work alone because I get sleepy and bored and would just walk out. I know this isn't right and they say well that's your problem. It is! I know... and it is a very unstable lifestyle. I am 56 almost 57. I don't know what to do. I have been turned down 3 times.... I am filing again. I also have severe scoliosis. I cant walk for more than 75 feet without hurting. I cant sit for more than 30 minutes without hurting, I cant lift anything over 5 pounds without hurting. They just want to give me an xray. This does not show the extent of the scoliosis. Thank you in advance.

    • @ssdattorney
      @ssdattorney  9 лет назад +4

      +Kimberly Baker - My experience has been that multiple unsuccessful work attempts (lasting less than 3 months) can be very persuasive evidence that you lack the capacity to function in a competitive work environment. If I have a client who will likely have trouble getting through a hearing , I try to prepare a detailed prehearing brief. In my view, 85% of what makes a good case arises from the written evidence so that's where I would put my focus.

    • @KimberlyBaker121
      @KimberlyBaker121 9 лет назад

      +Social Security Disability videos Thank you for your timely reply.

    • @damiena.1128
      @damiena.1128 7 лет назад

      Social Security Disability videos I have stage 2 sarcoidosis it's an autoimmune disease that attacks ur organs where you need a transplant or you die ur in chronic pain everyday and there's no cure for this disease can I get disability. my email is dontcare4real@gmail.com

    • @MichelleIsProsperous
      @MichelleIsProsperous 6 лет назад +1

      Have you gotten it yet?

    • @oliverrando6463
      @oliverrando6463 2 года назад

      Yeah I understand same thing with me in jobs like I felt some people don't like me and talk bad about me in some jobs I had

  • @talibiden4440
    @talibiden4440 2 года назад

    I sure wish I would have hired you for my case ! It’s hard to find a good attorney! I’ve been getting denied since 2013 ! I got a long work history I’m 5’2 with health problems.denied denied denied !

  • @leonelarredondo7668
    @leonelarredondo7668 3 года назад +1

    My arm's not attached to my body is that called disability

  • @mikaelstradwick
    @mikaelstradwick 4 года назад +1

    I have schizophrenia my attorney need my hospital records and the pink slip I’ve been denied twice so I have a hearing

  • @sleeplesscrafter
    @sleeplesscrafter 2 года назад

    How about if there IS a job that someone could do, but there are no local job openings for that job? Would the judge expect relocation?

    • @ssdattorney
      @ssdattorney  2 года назад

      The judge will ask if jobs exist in reasonable numbers in the national and regional economy and if you could perform the job. They don't break it down to anything local more than that. I think you could challenge a VE who identified a harbor worker for a claimant who lives in Kansas but beyond something extreme like that, no.

  • @JoeKerr420
    @JoeKerr420 8 лет назад +3

    Im 100% TDIU veteran with both my doctors saying Im UNEMPLOYABLE DUE to mental and physical disabilities yet SSA has cut my benefits. HELP!!!!!

    • @monacallender721
      @monacallender721 4 года назад

      Lord_NeKr0 speak Spanish and act like you don’t understand English they’ll give you benefits. Just ask any illegal alien

  • @shellw1276
    @shellw1276 4 года назад

    The title of the video doesn't match the first slide in video. Is that what you meant?

  • @yourethebest9377
    @yourethebest9377 4 года назад

    Hi Jonathan, on another video i watched of yours i asked if you would do a video on how to do affadavits. I signed up with a big box disability firm. So sad. watched your video on not changing lawyers in the middle of your preparation for your hearing.so i guess im stuck. Im not a person to call my lawyer. I have hearing on march 3, 2020. Since watching your videos i can see the need for certain things like affavits to help with a case. I guess i get to my things alone. I was wondering how to go about getting an affadavit made up for testimony verifying work problems and functional issues. What info to include in testimony. Ive been so sick. Can't figure things out very good. I know things take time to do.

    • @ssdattorney
      @ssdattorney  4 года назад +1

      I just recorded a video about this very topic but it is not yet edited. Big picture: your former co-workers need to talk about issues they observed you having regarding reliability issues.

    • @yourethebest9377
      @yourethebest9377 4 года назад +1

      @@ssdattorney thank you. How soon will your video be out?

    • @suzramuse
      @suzramuse 4 года назад +1

      My hearing is next week and I'm screwed! The big-box disability firm has had four different people handle my case, my current one is trying to find my records. I have no proof or affidavits or anything like that. I personally have kept my meds list and Dr.s list, nothing more. Now I'm learning that the lawyers should have done something. I wonder why they didn't, it seems like it would not have been an effort. And they don't even have my records, with everything I filled out and the information I sent them? The new person isn't emailing me now.
      What can I do? Guess I'll just show up.

    • @rik4369
      @rik4369 4 года назад

      How was your hearing? I appear in June. Like to know what are current trends. Hope it went well.

  • @SincerestSawa
    @SincerestSawa 4 года назад

    I scared and panicky thinking of the question. Have you been offered work , yea sex work, and it would be a living nightmare if they ever consider that to be valid work,

    • @ssdattorney
      @ssdattorney  4 года назад

      No that would not count for SSD purposes.

  • @Jose43210
    @Jose43210 3 года назад

    What if I have social anxiety and just by thinking that it one day is my hearing I get scared, nervous, and I start to shake?

    • @ssdattorney
      @ssdattorney  3 года назад

      That is a factor but the medical record will determine whether you win or lose.

  • @LifeIsGood2017
    @LifeIsGood2017 8 лет назад +1

    Thank you.

  • @GodisLovetoo
    @GodisLovetoo 5 лет назад +1

    Getting a job is the easy part! Maintaining a job w/multiple limitations is my problem...

    • @ssdattorney
      @ssdattorney  5 лет назад

      IN an SSD case, the issue is whether you could perform a simple, entry-level job, ongoing.

  • @Yellokitti
    @Yellokitti 9 лет назад +1

    Yeah? I have a PHd and Good Will would not hire me with oxygen for minimym ninkivable wage.. In 4 months I wnt through 1, 103 apps, and got refused even from bagging groceries because too old, too bling, and on oxygen 24/7 . Not getting SSDI. Dying in the woods of Flagstsff. Thanks. The governement sucks, I was in the Rmy as well. I have a PHd. rediculous.

    • @ssdattorney
      @ssdattorney  9 лет назад +2

      +Yellokitti - I agree that the process is frustrating. One point - the issue is not whether someone would hire you. The question that SSD is asking is this: if a simple, entry-level job was made available, could I perform it reliably. If you focus on the hiring question the judge might conclude that you have already decided that you cannot work, which will hurt your chances.

  • @melissadyer4862
    @melissadyer4862 8 лет назад +1

    thankyou for the info and i need rep. i have depression disorder and cervical nerve in my neck and right arm from running 90 lb jack hammer and tampers chipping guns and grinders 20years plus froundry worker and union laborer 603 CAN YOU HELP ME PLEASE ? AT THE AT THE AMIN. JUDG E STAGE

  • @robertwadas
    @robertwadas 5 лет назад

    what if im 52 and in same work on heavy equiptment and doctor wrote letter to hearing judge the brain damage' permanent affects have to that puts me in danger. I tried to move n office, bt permenant short term memoory problems would caues bad situation for myself and company.

    • @ssdattorney
      @ssdattorney  5 лет назад

      I am thinking that your doctor's support will be very helpful. At 52 the grid rules (www.gridrules.net) may come into play. Otherwise keep in mind that you have to prove that you can't do any work - not the heavy equipment work, not the office work and not even a simple, entry-level "warm body" job.

    • @robertwadas
      @robertwadas 5 лет назад +1

      @@ssdattorney The permenat effect are :bluuered vision, random loss of equilibrium, word loss, constant ringin in ears, only can seelp 1 of 2 days and thats with ambien , chronic fatigue. Did not want disability, I want to wor. Took 3 jobs and was dismaissed due to a symptom of the brain damage.

  • @daddydave844
    @daddydave844 6 лет назад

    Those ppl at social security that make the decision for any one are a bunch of scum, getting paid I'll be home less with all I'm impaired with....no offense to this lawyer

    • @ssdattorney
      @ssdattorney  6 лет назад

      No offense taken. SSA adjudicators are overworked and given very little room for independent decision making. It is a bit harsh to call them "scum."

  • @bzscck4496
    @bzscck4496 Год назад

    听起来热情有经验

  • @melissadyer4862
    @melissadyer4862 8 лет назад

    MY NAME IS THOMAS MCMAHON DISABLED LABOER THIS MY GIRLS EMAIL IM COMPUTER ILLITERATE