When You're Challenged by The Judge in Social Security Disability
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- Опубликовано: 27 сен 2024
- What should you do if the judge in your case questions the truthfulness of your claim for disability?
Or what should you do if the judge wants to change the onset date of your disability claim to eliminate tens of thousands of dollars of past due disability benefits due you?
In this video, I present to you a case study of exactly this situation. My client is a hard working woman who underwent brain surgery to remove a tumor. As a result of this surgery, my client’s pituitary gland was damaged resulting in multiple complications including fatigue, restroom frequency and urgency, headaches, and cognitive loss.
The judge challenged us by “cherry-picking” sentences or fragments of sentences from the medical record to argue that my client’s limitations were minor or non-existent.
Fortunately, I had used my contacts to research THIS JUDGE and I was prepared. I was fully expecting what the judge planned to do, and after discussion with my client, we decided to push back.
As I discuss in this video, the judge was testing me - would I back down and agree to an amended onset date that would eliminate all past due benefits?
I had studied the record in this case and I knew that when taken as a whole, there was clear and convincing evidence that my client’s capacity to function in any work environment had been irreparably damaged by her surgery.
Further, her efforts to try to work and her efforts to maintain a normal life should be applauded and not used against her. In other words, it was our right (and good counsel by me) to push back and contest him.
Fortunately, the judge was open to my arguments, and after a lot of back and forth, he backed down and approved our case. But had I not known what to expect there may have been a very different outcome costing my client THOUSANDS of dollars.
When I prepare my cases for hearing, I literally look at every page in my client’s exhibit file and I have a clear “theory of disability” as to why my client cannot work. Not every judge tries to pressure the lawyers and claimants who appear before him/her, but when that happens, I’ll be ready to push back to get you ever penny you deserve by law, and not one penny less!
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SSDI or SSI case, please contact me at
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Jonathan Ginsberg
Social Security Disability Attorney
Website: ssdAnswers.com
Facebook: / ginsberglaw
Telephone: 800-890-2262
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I had used many videos provided by Johnathan. I had my hearing and received a favorable result. Everything I heard and learned from Johnathan was spot on. Thank you again .
Thank you for taking your time to educate on the SSI/SSDI hearings.
You are very welcome - glad you find the videos helpful.
All this information just makes me nervous about attempting to getting SSDI. Even though I meet listings & have supporting doctors. All of this just forces people to get Medicaid, Foodstamps, Cash Assistance, Section 8, W.I.C. which at the end of the day costs more than just awarding people SSDI, it’s completely counter productive & costing the government more money it makes absolutely no sense whatsoever.
When you’re awarded SSDI, you then transition over to Medicare which only covers a percentage of medical bills vs Medicaid that pays 100% of ALL medical costs. Also having SSDI, gives people an income that would eliminate cash assistance, Section 8, foodstamps etc for the most part. It’s insane how backwards the Government operates.
Thank you again sir for helping me win my case. I followed your advice> "How to Prepare for Your Psychological Consultative Evaluation."
_Great job!_
Hi, is it mandatory that if you live with your daughter and both of us are on the lease and SSI lowered my check saying I can't pay for half of the expensives because the rent is higher then what my check is. yet to low to pay half. Also they lowered it even more by saying I was over paid in the past. How will I live with such little Money? Can they do that?
I have a ankylosing spondylitis HLA-B27 positive had back surgery dr said misdiagnosed for so long damage is un reversible. Take remicade I am 41 years old what are my chances of getting disability app
Your chance just as good as anyone else…said with love.
On the contrary the closer you are to 50 yrs old, with medical records & long work history the better your chance. Stay encouraged
Judge winters is in hot water
Adorable pets! Great video too
_Thank you!_
If you lose to an ALJ meaning he denied it what should you do?
You can appeal to the Appeals Council. I generally refer my AC cases to law firms that specialize in AC work.
What if you received a Denial Letter from SSDI......stating that you are working and make enough money.......yet, u are not working and have not worked since 10/03/2021.........and have zero income .....does a person need to fill in all the medical info .....even if you were not denied due to medical reasons....???
👍
I Hope We Can win our case..
I hope I can talk to you soon..
I am Marlon Castillo..
Good Bless You.🙏🙏.
👍👍
Is this video for newbie attorneys or for SSI recipients? lol
Hopefully both will benefit.
Great Video Counselor, Thank you for educating the masses. Happy Thanksgiving......
_Happy holidays!_
This sounds like the judge I got at my hearing.
You helped me win my case. Without your advice about how to prepare for meetings with doctors Social Security sent me to I would have messed up. I did exactly what you said at my mental health evaluation and that`s what tipped the odds in my favor. I was able to get a camper to live in, emergency solar power, and prepare for the future in case I lose my benefits. I was homeless before and ready to live in the woods in a tent. Now I have a used 5th wheel camper on a rural family lot near a creek. I can grow food here and power a freezer and cook from solar power. Plus I can use solar to heat bath water and distill water from the creek to drink and power an electric blanket if needed. Thankfully I got the stimulus at the same time and was able to get extra things I needed so I can hopefully survive the future no matter what happens.
They can't take your benefits
I've watched your videos for the past 2years. My hearing is in 3 weeks and I am a nervous wreck due to having mental illness and not able to concentrate or focus. I'm afraid I am going to forget something at the hearing :(
Make notes so that you cover everything and practice with your lawyer.
Greatly appreciate your videos. Thank you.
_So nice of you!_
Jonathan, I've watched a few of your videos now, and, really appreciate all your wonderful advice. I have my first hearing coming up in a few months, and, many challenges with it. I have physical pain my knees, back, and neck from a wreck, but worse is the PTSD and other mental issues like memory loss, anger, anxiety, and, depression that caused me to completely withdraw from society around ten years ago, and I've been untreated since then. I initially filed for SS about a year after the wreck, but, was denied and told I had to be like this 3yrs(hence withdrawal/anger)... I'm mainly just hoping I don't get triggered during my hearing since I don't trust Drs, judges, or even my own attny. I really don't care about people in general. I wasn't always this way. I worked hard and was the "go to guy" in my profession before I got hurt. I haven't worked a day since then. Besides just keeping mouth shut at the hearing, is their any advice you might have for a challenging case like mine?
Thanks. Good information.
Glad it was helpful
Yes you could be of help to me I live in Arkansas
How long does the judge have after the hearing to make his decision?
Thanks for taking the time to help educate people. I may contact you. Beth.
My pleasure. My contact form is at ssdanswers.com/contact/
youre a very smart man
Thank you. I do my best!
Are you also an SSI Attorney?
I do handle selected SSI cases. The problem with SSI is that the deeming rules result in offsets to monthly benefits such that it is not practical to accept SSI cases under a contingency fee contract.