How to Testify Effectively in a Depression Social Security Disability Hearing
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- Опубликовано: 19 мар 2014
- What are the likely work problems that can arise if you suffer from severe and chronic depression? In a Social Security disability context, you and your lawyer must identify symptoms you experience that would make it impossible for you to function reliably at a job.
As I discuss in this video, you and your attorney need to prepare your testimony to explain these work limitations from your perspective. Further, you need support from your treating doctor or psychologist regarding the severity and frequency of your symptoms.
If you can demonstrate through testimony and medical evidence that you would not be reliable at even the simplest, low stress jobs, you have a good chance at winning your disability claim.
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I very much appreciate all that you are doing here to support disabled people! Thank you! Just want to point out the use of "bad vibe" in describing someone having emotional dysregulation at work. I understand where you are coming from, but that's ableist language and could be very hurtful to some. Thanks for hearing this feedback--ableist language is everywhere and I am unlearning as best as I can.
Your videos are helping me so much because I didn't realize that I actually do have a strong case for my disability claim. So many of the things you mention in your videos really do describe what I go through daily.
After watching this video, I realized that the fact that I never talked about how my depression had affected my work at previous jobs...which is why I was denied at the initial and reconsideration stages. So I've included in a written statement I'm always working on (I have my hearing scheduled for April), I wrote about how I had frequent crying spells at my last retail job (my longest-held job within the last 15 years) because of abuse from my bosses or from customers (I'd often hide in the restroom or the back room where no one could see me). I also frequently called out of work because I was so miserable, and...I even relapsed into self-harm (which I would occasionally do *at* work; I'd hide in the restroom and...hurt myself [I don't want to detail it because I don't want to cause someone else to be triggered]). I was honestly too embarrassed to go into detail about this when I first applied for Social Security, but since I understand now that I have to make a case for why I'm unable to work...I needed to talk about it.
Hello, I have a Hearing tomorrow and was wondering how did yours go? I know it's very stressful when trying to explain Depression to people, especially when they don't understand pr believe you.
@Retro Fam After my Court Hearing, I was denied on May 25, 2022...and my Attorney dropped my case so now I have to find another Attorney that doesn't cost money up front, so back down the Rabbit hole I go...I have to start all over again.
So people get it on the first go while other people take years to get SSDI...either way, good luck to you!
@Retro Fam 100 percent facts! They definitely don't take Mental Illnesses as serious as Medical Illnesses so it's a lot more difficult to win a case with Mental Health unless you're having full blown seizures or something like that because Depression and Anxiety alone is really difficult to explain to where people can fully understand just how paralyzing they can be.
My diagnoses are Major Depression, Anxiety, PTSD, and Personality Disorder...those were my diagnoses during with my last Attorney...however my Doctor has recently added Schizophrenho and Bipolar disorder to my file so now I'm going to look for a new Attorney and start over from scratch.
So um, how many times have you been denied?? 🤔
Thank you, it's hard for me to articulate my mental illness limitations, your videos are very helpful. Thank you
I lost my case because the judge thought "you look fine so you must be fine" even though 2 suicide and a lifetime (50+ years) of severe depression.
One would hope they knew better than "To judge a book by its cover":-(
What about someone in their 20s ? I imagine the younger you are makes it harder
My boyfriend can really benefit from this information; thank you.
I have been turn down 2 times now and this is my last time I can appeal. So I am getting a lawyer. I spend the majority of the day in my room in my bed; I don't socialize, I don't go out, like a normal 34 year old would do. My mothering skills are suffering. My paperwork from the psyholigists say that I am paranoid and that I have severe depression and I am Bi-polar. I have a hard time cleaning my house; I feel so ashamed daily. I cry myself to sleep at night, the medicine they put me on doesn't help at all..
What happened with your case
Please, get another doctor. Call a national mental health hotline if you need help to do that. I have been that bad, almost died because I just stopped eating.
Please, do it for your kids, if not yourself. I hope you are better now.
What happened?
Wow. Thank you for clarifying the exact symptoms that limit the ability to work. I experience a lot, if not most of those symptoms. I need time to improve my mental state. Disability might be the right answer for me. Thank you
You are very welcome.
This is scary. All I want to do is get stable and return to normalcy.
Still struggling. Low Income and stuck in public housing . With this past election , not feeling particularly hopeful either . I phone canvassed for the Democratic Party for two days for several hours a day , even during the end of a Mass Transit strike in Philadelphia. I also spend a month after the RNC and DNC registering voters who weren't sure of their status this Summer.
Thank you so much for all your disability videos. My hearing is in 7 days and my anxiety is through the roof. I have anxiety depression and bipolar and take 6 different medications for those. My doctor, my psychiatrist, my counselor and my social worker all say I’m disabled. But my on the record was denied. What do you think my chances are? If you are too busy to reply, I understand. Thanks for putting these videos out there , because they have helped to calm me and be more prepared and know what to expect.
Your doctors and therapists need to focus on specific issues you would have trying to work. Whether you are disabled or not is a legal conclusion. I would focus on problems with attention and concentration, persistence at a task, pace of work, ability to focus, short term and long term memory, interacting with co-workers, supervisors and the general public, and behaving in an emotionally stable manner. These are all work capacity issues. Good luck!
This was helpful. Thank you
Thank you for the update information and videos
You are welcome.
Great info .
thank God for your videos lol thank you!!
Another great video ..
jeff roberts Thanks!
Before I got on SSI I wrote them a 4 page letter, I got through college n got my certificate, I had been through therapy n I told them about my dad's mental illness, my stepdads physically n emotional abuse. N how he broke the child labor laws. In high school I started running to the bathroom with IBS. N what I was forced to do at home, I skipped school n went back home to sleep. My first husband is abusive. N he stalked me. I had a great Dr. But didn't tell him. N I think I got on SSI after 3 months because I had the documentation about my dad n my stepdads abuse .I had hospital documents stating that I was in pain. That Dr. Didn't know what was going on. I had many jobs n then I had to quit them. N most of all is my father was getting VA disability. But I never knew why. Except he'd go to jail for the way he treated his wives. N beat his own mother for pills. My job that I loved I told my supervisor I was on Ativan n told that I should resign. That probably was on my work records. So I applied told them the truth, had all documents. N in 1991 I was approved right away n got back pay . In 2000 my 2nd husband got cancer n I was put on 2mg Xanax. N I got so depressed I stayed in bed for 10 yrs. Today I don't hear from my 3 kids. N I don't know why. Except my mother has put me down for everything in front of them.KH
Thanks for sharing
My pleasure
Thanks much. It was very helpful.
GOD Bless!!!!
+MrSexymanhere - thanks, that's very thoughtful.
+Social Security Disability videos
You are welcome.
im very confused what i am suppose to do. got a bachelors degree and worked 6 years over that time and then some dealt with severe depression and anxiety from 13 years old to now im 30. my last few years of work i started to feel more symptoms like on and off dissociation and OCD. my work has disability insurance that ive been on for the last year but only with mental health do they cut you off so i will not get anymore checks from Unum after November this year. My appeal for social security isnt until 2018 or late 2018 at best. So I will have a gap of NO income. Its like I am forced back into work when i know full well I am not improving whatsoever in my condition. I have been to 7 therapists, multiple doctors, been on a whole range of medications but the side effects are physically impairing. One thing you did not mention in this video which is my largest issues is that my condition also includes excessive insomnia and I use to go to work falling asleep at the wheel most days. But thats my biggest issues what am I suppose to do while I have NO income and I am waiting on my social security appeal which I may very well get denied again.
I have 15 minutes with my attorney and today is my hearing and I'm a nervous wreck!!!!!!!!!
i've been waiting to see the judge for 19 months now and my lawer says it'll be at least feb or march 2016 before it happens, there as slow as molasses in winter time over here.
+remotehog11 - it is slow everywhere. In Atlanta, the delays are now over 2 years. Absurd!
remotehog11 Sir did you win your case? I'm having my hearing next week and I'm terrified. Were you nervous at all?
yolanda romero how did your hearing go
What should I write on form 795? I am in process of appeal and am struggling to pay my rent and everyday living expenses, the SSI worker I delt with pressured me into electing "no continued benefits" beacuse she said If I lose the appeal I will have to pay it pack, I was denied and am appealing again for ALJ. How can I get my benefits back while I am waiting this appeal?
My lawyer told me that a letter from a coworker would not help...and spent about 10 minutes or less preparing me for the hearing. My case was denied at the ALJ level...smh
Are we going to get a raise in my SSI
I'm bookmarking the page. I am taking notes on this video.
How can most of us afford getting a lawyer. I have been unemployed for over a year because of severe depression. I have had major episodes for years. I couldn't possibly afford an attorney.
Lawyers in Social Security disability claims are paid on a "no fee unless we win" contingency fee - 25% of past due benefits. If no recovery, no fee.
How can one ask you questions in a personal manner? Do you have an email address that you share publicly?
You can email me at ginsberg (at) gmail. If I can answer your question I will try to do so.
Went to my second hearing and I got denied how do I do repeal I have all kinds of problems with me fibromyalgia deep depression bipolar and judge still give me a three types of jobs and I also have bad foot problems not have to repeal and wait another year after I waited two years and it's a nightmare what is my chance of winning
Rita did you win
Did you hire a lawyer ?
I am 35. I have dealt with depression and anxiety and anger problems my whole life. Been involuntarily hospitalized 6 times for suicidal ideation and suicide attempt. My lawyers have medical records from every hospital. I am on 2 mood stabilizers for depression and anxiety. Seroquel and depakote. My hearing is in 4 months. I get refills every three months and I just started counseling today and will be going every 2 weeks. The depression and anger and anxiety make it extremely difficult to hold a job. My work history is very shotty. I haven't had a job longer get than a year my whole life. They all have been just a few months. Even some years I didn't work at all. Do you think I have any chance of winning?
Hey I have the same problems and on similar medication. How did your case go?
Thank you John for the video.
I have those same symthons and the social security deny my case
If you are denied at the administrative level, you should appeal.
@@ssdattorney its late to appeal it was 2 years ago and i did not know how to appeal
What about severe anxiety and being unable to drive?
Jean Schaeffer severe anxiety is a label - the question: what are the activity limitations that arise from your anxiety? Not being able to drive is a limitation but it would not preclude all work. It would preclude any work involving driving (i.e., delivery, trucking, etc) but no driving would not rule out warehouse work, or data entry work, for example. You should also know that the argument "I am unable to drive therefore I can't get to work" is not a viable argument - SSD is about job performance. So, yes, severe anxiety can support a finding of disabled but, in my view, you would need more than a driving limitation to win.
Your videos are the best on RUclips. Thank you so much. How about adding to this commenters post above? If a person has been diagnosed with Narcoleopsy both through years of diagnosis of weeding out other issues by your GP. Also going thru the MSLT Sleep Study by a Sleep Doctor - the test confirming you certainly have it with a several page report narrating all the numbers/REM onset//etc. Doctors notes from all sorts I have seen including my Rheumotoligist stating Fibromyalgia with Chronic Fatigue/Fibro Fog/Lack of Energy and all the cruddy things that also go with it both mentally and physically. Seeing therapist and doctors stating chronic fatigue + all the issues you mentioned from the visit. My family took my car keys away and I am not even allowed to get to my Dr Appts by driving myself. Let alone am I allowed to drive anywhere besides including to get groceries, take my kids to any activities out of town - anything. I was falling asleep before I even pulled out of the driveway (while waiting for the car to warm up). My state does not take away your drivers license if you have Narcolepsy - I heard rumours that some do? How can you prove you do not drive? I would love to sell my car but we keep it because I am praying one day I will get better and possibly drive again. When I did drive myself 2.5 years ago to occasional appointments, I would have panic attacks just thinking to myself “will I get there without falling asleep at the wheel, will I be conscience enough to drive safely to stop at stop signs or not veer off onto the other side of the road and so forth”. When I used to drive 40 miles to work, Many times I had to stop along the way on gravel road to take a nap - sometimes more than 1 nap. The biggest part that scared me was not even remembering any part of the drive. I would get to work and wonder how on earth did I end up here. Talk about scary and freaky. It’s crazy to think how a person cannot remember anything about their drive. I am perplexed how Narcolepsy and Chronic Fatigue are so disabling to a person directly yet to healthy people can’t begin to see or understand us? They just think you are an airhead, argue with you because they told you something and you swear you never heard it or asking them 5 minutes later the same exact question. It causes a lot of issues both at home and at work. Furthermore you get fired from your job for performance issues. A one word term to encompass the broad array of issues. The last thing you are able to do is to get that employer to write a letter on your behalf - they don’t ever want to see your face again for all the screwed up mistakes you made and what it cost them. For me an employer statement is out of the question. Yet for all stages leading up to my ALJ Hearing I was denied even with the records from doctor visits, sleep study, etc. What they were looking at was the short section where I reads I showed up to an appointments being well groomed, alert, mental state was good, not suicidal, etc. BUT if you read the notes from just one example where my Psychologist or Psychiatrist clearly says “patient comes in today stating she is unable to focus, extremely tired, unable to focus, has suicidal ideations, chronic pain, and blah blah. There are several sections on the Physicians visit when printed out and sent in to SSDI like this. One section says totally the opposite of another. Why do the doctors allowed to be so inconsistent and it’s tolerated? One section varies completely to the next section where they all they should have done is correctly change the Y or N mark. They fail to do this completely contradicting what they stated in their notes? It is almost like they are too lazy or too busy to make sure they are changing the next section (and the ONLY section it seems SSDI focuses on)? It has been impossible for me personally to get my notes from ANY of the Mental Doctors I have seen, I made request after request in writing and filled out the forms. It wasn’t until Soc Security made the demand they be sent. Unfortunately I see them for the 1st time shortly before my ALJ hearing. Seeing where there is clearly inconsistencies from one section of my appointment to the next. My attorney didn’t think it was important to mention this to the Judge because she did not want us to take up too much of her time. Why do some attorney’s fear taking up the Judges time when it is our entire life on the line? With the unethical Physician’s I now have learned that failed to do their jobs entering my office visits correctly might really come up as an issue during the process of the ALJ deciphering 1044 pages of my doctor’s notes/evidence. My attorney only read one piece of evidence and that was the form from my 7 year GP who filled out the RFC. It is favourable on my behalf for disability and he supports it (he is the one who told me first to file for SSDI). Do you think the ALJ will realize the Doctors were inconsistent with their records on each visit? Or do you think the ALJ will focus not on the office visit notes and use the section that is clearly incorrect to challenge my appeal just like the other decision makers before? I have kindly asked 4 doctors since obtaining my notes to see if they could please correct certain parts to either match up or else give further clarification in others. Some visits they clearly worded things incorrectly. Example I have one doctor there are 9 out of 30+ visits that make me wonder if he had me mixed up with the patient before me or what? Did he even listen to what I was saying? I am at a loss for words or wonder why he wrote it the way he did? I do not know where to begin. If you can ever post a video informing patients of their rights to their files, more importantly what rights or actions can we take to make them correct their errors and omissions? A last note: On one of my denials the person deciding on my claim asked about my credibility. Because my PhD wrote down that I had seen 7 therapists yet in another report he stated that I said I had seen 13! So the SSDI Decision maker said I was “inconsistent - questioning my credibility”! When what I really said is not written correctly from the office visits. It should say that over the course of 15 years living in 2 different state, “I have seen 13 therapists total (1 being a health/wellness coach, 2 clergy, hypnotist, support groups, alternative medicine dealing focusing on mind/body/mental issues and other “non-medical graduates”. I tried in addition to seeing a licenced physicians. These alternative approaches were before I filed, so I did not have them included with the evidence submitted. To me I think it shows that I am trying to overcome any and all of my issues. I have tried many alternative medical approaches - trust me - I do not want to live this way. It is like having stage 4 cancer that will not go away - just waiting for the right mix of medications/therapy/changes or something to finally be in re-commission again. Instead they have turned it and used it against me based on how my office visits were recorded. It is all a matter of interpretation I know, but it goes to show how a doctor not doing their job correctly can really hurt a person. I feel hopeless with no way to get it fixed. (Very important to note that the PhD who made the biggest mistakes is someone I quit seeing a year ago). Oh my - so much more it is beyond ridiculous. Thanks for reading this and I am sorry my posts are so long. I admire how intelligent you are and I would give anything to have you as my attorney if I get denied at the ALJ Hearing Reconsideration Process.
Social Security Disability videos
Your videos help me to form a focused question.
So, I am 58 and was approved 8-24-17 now what do I do to keep it? I am worried about reviews and continued documentation medical/psych. Markandrew
I have a hearing in about a month I have depression bpd and anxiety I have overdosed 4 times in the past. fours yrs the bpd leaves me feeling angry no self esteem and hard to get along with other do you think I have a chance at getting SSI I have 4 kids and I am not able to work ???
While it can be difficult to draw lines between depression and substance abuse, if your treating doctor will support you in characterizing the overdoses as arising from your depression (i.e. suicide attempts or something similar), your chances would go up. Best of luck to you in dealing with what I am sure is a difficult situation. JCG
Social Security Disability videos thank you
@@leighannmcgowan5239 did you get it
@@ladye6448 no I didn't
@@leighannmcgowan5239 omg don't give up. Did you have a lawyer
Call congress for reform to make it easier
Do you practice in Alabama
I am not a member of the Alabama bar. Since Social Security is federal, however, I can and have represented clients in Alabama SSD hearing offices.
Had my hearing yesterday I use to have my ssdi lost it when I went to jail 2015 tryin to fight since 2019 to get it bk ice kept up with my meds n doctor n have gotten much worse my twin was murdered n father older bro n sis all died within two years lost a child etc but I didn’t have time to explain all this n I rambled I cnt think so they call my mom n she done good on answering expect the asked if I knew how to drive she thought they meant like u ever had a licenses n she said yes to this so that will hurt me then I did hear one job national or something then no job something else I could just cry when ur really mental n no n ur family the school everyone knows but disability it seems pray somehow get it bk but the hearing they only asked me one question n had my mom testify
As someone with a real disability ( nocturnal grand mal seizures, the same thing Cameron Boyce died off) I’m reporting everyone I see faking instantly even family. And I want some prison time or something also ….depression is not a disability
after 2 years now I have a hearing with the judge my lawyer said he will send a letter to do a prep what does that mean my hearing is on March 2016 I'm dealing with depression and anxiety with a physical injury.
+Ruben Rodriguez - your lawyer may be saying that he will be preparing a pre-hearing brief and request for an on-the-record decision. Not every lawyer takes the time to prepare a pre-hearing brief so if your lawyer is doing this, that is a good sign.
Thanks I have a pre hearing within 3,weeks got my medical records from my injury and from my pyshcatrist and therapist for my depression one more question I'm taking sertraline 100mg for my depression and buspirine for my anxiety and panic attacks will that help my case thanks again sir.
+Ruben Rodriguez - my experience has been that judges expect to see ongoing treatment and prescriptions for psychotropic meds in depression cases so you are headed in the right direction. Good luck!
+Social Security Disability videos you don't receive any benefits until your see the judge?
possibly 2 years wait?
@@chente-ov2rn did you get approved
How do I prove my disability issues after a major operation that left me unable to get gainful employment? My benefits were recently cut off for lack of seeing doctors who can't do anything about my issues. Whats wrong with me cannot be evaluated without inpatient monitoring for at least a week. My word is all I have but it perplexes me that dispite two stomas and basically castration after a major operation that took 24 hours I'm considered to be able to work. I don't have the time needed for re-evaluation before I'm homeless with no address or steady housing. My condition is visible but not seemingly accepted as proof. What the hell? I know that BiPolarism is only a guess yet those who claim it are given full benefits. I know several ppl who receive benefits and are completely capable of working. What the hells going on?.
Edward Sims My experience has been that Social Security judges and decision makers mostly focus on what the medical records say and any opinions in the record from a treating doctor about your capacity to work. Unusual and/or complex cases sometimes fall through the cracks which may be what is happening here.
Social Security Disability videos Thats exactly whats happening. My doctors won't admit their wrong to save face even though it leaves me hangin on for dear life. And yes the judge can only go by paperwork and total lack of understanding anything about the high maintainence of having two stomas along with severe consistant constipation. But again, how the hell do people with bipolar get diagnosed when theres no damn way to tell by any physical or mental certainty? They play crazy and get paid in full and are completely capable of working. I'm all messed up in full sight. Now tell me how to prove my condition more then what they can see? I'm starting to believe its all bullshit and there are many others being wrongfully cut off. My last question is how do I sue the SSA for poor judgement?.
+Edward Sims YOur not getting a response because of your language..
mike Pettis
Fuck you! I'm being fucked over and you think I should be cool about it. What the fuck can you do any damn way?
mike Pettis
My doctors is as stumped as I am. He already approved my condition as disabled but the SSI thinks otherwise, using a makeshift doctor to override the my surgeons diagnosis. Now do you understand why I'm pissed off? And any sane person can simply look at me and see my condition is taxing. So its not about proving my qualifications. Its about finding out how the hell they made a decision to screw me over compared to others who are clearly unqualified for benefits.
hello my name is gina and im handling a reconsideration appeals at this time and seeking any assistance with how to go though this process and what to do to help continue getting my benefits. please contact me via email with some kind of legitimate proof of assisting people like me. Please serious advocacy only. Thank you.
Anxiety, depression, and PTSD are all VERY difficult to get approved. There is no "proof" that you have any actual condition. There is no objective evidence. Its all what people say, which can greatly vary from one person to the next. If you plan on filing with these issues plan on a long, hard fight and then you still probably won't get approved.
Winning SSD for these mental health conditions is very difficult. Most successful cases come down to 3 types of evidence of a severe level of impairment: 1. recent inpatient hospitalizations; or 2. recent suicide attempts or 3. multiple failed treatment efforts by your doc - such as multiple efforts to find medication that controls symptoms, none of which work consistently.
Do we just need to use these adjectives? Or do we have to go into details and explain about how the examples. affected us on the last ten jobs????
Happy Fourth of July.
1:20. Functional capacity test.
Congratulations on your "How To Testify Effectively In A Depression Social Security Disability Hearing" inspirational thanks for sharing. ⏲