Your Reconsideration Appeal: a Waste of Time or Can You Really Win?
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- Опубликовано: 20 апр 2017
- Can you convince Social Security to approve your claim when you file your reconsideration appeal, or is reconsideration just a waste of time that will add 6 months of delay to your disability case?
As I discuss in this video, only about 10% of reconsideration appeals end up with an approval but you can improve your odds by
-using the right forms
-submitting them electronically or by registered mail
-including information in your recon paperwork that addresses the main issue in your SSD case - your capacity to work
I have spent a lot of time reviewing SSA’s disability forms and I even wrote a book about the forms (see www.disabilityforms.com). I can tell you that Social Security tends to ask the same questions in different ways in many of their forms, and that there are no instructions.
I offer guidance to you in this video about what to say when you fill out your reconsideration appeal and accompanying medical report, and I explain what to do when you need more room than what the form provides.
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“Secrets of Getting Approved” Survival Kit at
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==============FREE CASE EVALUATION=================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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===============================================
=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: www.ssdAnswers.com
Facebook: / ginsberglaw
Telephone: 800-890-2262
bit.ly/Contact-Jonathan
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I was approved at reconsideration and this channel was extremely helpful
the realjeff-0 was it a shock?
I have neuropathy. I’m a veteran with 100% and not quitting until I win.
Hello, thank you for your videos! They are very helpful. I recently won my ssd case with a fully favorable decision at reconsideration level with help of my great attorney. I couldn't have done this without him. Im 41 yrs old and this got done in one year .
JUST WON MY
RECONSIDERATION.
SIX DAYS BEFORE MY
HEARING, THEY CALLED
AND GRANTED ME THE
VICTORY.
I’m a 100% p&t TDIU veteran… my reconsideration was found fully favorable yesterday 😊
Congratulations
@@ssdattorney thank you!
Handsdown Johnthan Ginsberg is the Best Ssdi Attorney, He's Really Good at what he Do, his Videos is very Helpful, Encouraging, and very Informative.
Thanks for the kind words.
@@ssdattorney Any time
Thank you for this information! I got my first denial letter last week, but it was a weird letter. They accidentally sent me someone else’s denial along with mine, and that one was just a ‘we don’t think you qualify’ letter. Mine basically said I proved that I have significant medical conditions impacting my functioning, but there wasn’t enough info to prove I could or could not work part time in a sedentary job. I have a function assessment appointment with an physical therapist on Monday that my PCP referred me to. My pain meds were also raised since I sent the application the first time. 🤞 I will include those with my reconsideration appeal. I believe that I meet a listing condition.
If your condition has worsened since the initial application and you can show that during reconsideration you can win also.
I agree.
@@ssdattorney Hi Johnthan Ginsberb I had a unfavourable decision on my Appeal so im trying the 2 time, could I just Win it with my Statements about my Health I have been filing since 2015 and 2019 and doctors and therapist have been prescibing me with Anxiety Deppression and phsic medicine but i still haven't Won they keep saying my condition is Moderate on my 1 Appeal but its Severe so any pointers on how could I win the Appeal 2 time Around?
How can I show them that my problems Worsin if they don't believe me ?
I just got a denial from SSDI. I must say I was QUITE SHOCKED, especially considering I have a lawyer working for me. My last hearing was strange though, as it was set up as a conference call with an out of state ALJ. There was another guy on the call who, I was told, was there to see if he could find anything I can do for work. Well, he couldn't! I'm sincerely confused by this whole process! They have documents from 6 doctors, 22 surgeries, years of ER visits, a laundry list of meds...and declined?? I worry about the stress of continuing on if the % of approval at this stage is so low. Advice, anyone?
I was deny at hearing level and was rejected with a lawyer.i gave up . I will probably be homeless.as a raped victim at 4 years old. The laws are pathetic
You always give us such detailed, and pertinent information, you also say that we can reach out to you with questions, I did call your office with a question, but the receptionist said that I had to email you, which I did, but you never responded. Anyways, you still give very good information, I think it is the best of all the SSDI/SSI videos I have seen.
JoJo, I get quite a few calls and emails every day and I try to respond to as many as I can. I just looked and could not find an email from you when I searched using your RUclips name.
Love watching your videos:) update with me SSA told me today a judge has taken my case now the waiting game so far..21 mths
Oh I am hard as it is money wise...its killing me
Michelle how is your case going,?
@@michelle5042 Yea! Hang in there
I was denied on my initial claim and im pending reconsideration its absolutely ridiculous how i have all the evidence from my spinal surgeon stating im am not to work at this time i had a severe injury resulting from work had 3 spinal surgeries including 2 spinal fusions aftee a failed herniated disc surgery was unsuccessful now i have a spinal cord stimulator and still was denied i haven't worked since 2017 its quite depressing how i cant get help other than EBT
I have no answer - SSA denies deserving claims on a regular basis. My sense is that the state agency adjudicators are overworked and if the evidence does not clearly identify a listing level claim, they stamp "denied" and move the file along.
Thank you for this amazing advice I will definitely do my homework
They've been dragging ass so long my current conditions have become "old".
Thank you so much for your videos.
I would like to know for the initial hearing is it okay to read from a paper, "your daily actiivites" and "what you can and can not do?"
Waste of time. My specialty doctor's RFCs were thrown out because they "liked me too much." So, it was a waist of time for me. Unfortunately, my cardiologist and sleep doctors have since left the hospital that I go to too.
Kain Alrik never heard of that.. RFCs thrown out.. Never heard of that in my Area of judges
Thank you for sharing
Though I stayed under SGA, I simply have too much work from 21-24. It just LOOKS very bad at first glance.
I cannot intelligently explain my work after onset. I had no clue I should do no work.
Depressing.
On a CDR yes it is a waste of time. I met 2.03B contraction of the visual field in 2010. 2014 after two exams HVFA 30-2 and a Goldmann visual tests I was denied on CDR initial claiming "MI" them spent 2 and half years in recon/DHO hearing and denial in 11/28/16. Filed ALJ appeal a week later within 4 months they had their busted ass step 8 hearing with the VE then wouldn't give me the audio for 7 months i had to send to the A.C. a request to get it. Then at my supplement hearing which I was denied a continuance from the ALJ I smashed their asses with arguments the impairment met/equaled 2.04B visual impairment value of 1.00 after b/c. And he agreed amd said "after considering your carefully reasoned arguments" sent me for a CE which now I'm still waiting. My original notice of award said 3 year review BUT in the file at the original cpd in 2010 disability determination said at item 17 MRP 1/2017. So these people are outta their mind. And recon is bs. The DHO said it's a miracle your cured lol when I in fact met a listing the entire appeal. And I'm pro se. Im sick of their games and will relieve them of their res judicata on my childhood disability and get the rest of the money they owe me since they wanna play these games. Thanks for these videos Mr. Ginsberg.
I hope I have a blessing. I have retinitis Pigmentosa I am legally blind. Due to having less than 20 degrees field of vision. I had all the visual test ssa requires, including Goldman perimeter. I meet the blue book listing 2.03. I'm at the initial level due you think I have a good chance of getting approved for ssi. Thank you
Exactly what I think is happening to me, still waiting for denial notice. New doctors, tests, etc. There should be a way on ss for uploads of new medical documents. Is it best to get an attorney at this point. (Failed back surgery One item)
Thank you so much 👍🏼👍🏼👍🏼👍🏼
You are very welcome.
Do your self a huge favor and just hire Johnathan Ginsberg if you want to get approved for SSDI at any and all stages of filing for SSDI you won't be disappointed.
Hi I just went to a hearing from my disability it took two years three years for them to call me but thank you for your advice and they will help me but they have lost my papers three times that’s why it took longer how much longer do I wait for them to help me when I get my backpay to I Three years that they cut off my check thank you for everything
I’ve been denied twice and have a hearing scheduled. My biggest problem is I can afford all the specialists with no job and no insurance. What am I suppose to do?
I go to my regular doctor and my heart doctor that’ll more than I can afford.
What can I do if my Disability Report has already been submitted by my lawyer on time, but with tons of errors and omissions?
Is it normal to file an appeal for reconsideration and not receive any response after 100 days?
I would also like to know if consulting with the state rehab services office for job placement states that they cannot place us in a job because our condition is too severe and the job site would not be able to accommodate excessive absenses, etc. would be a plus in our case in terms of being not being able to work?
Yes that would be relevant non-medical evidence.
from where i can download physical function capacity evaluation form???
to send it to my doctore.
please help me
Will it be reconsider if it last for two years against an insurance co. And will the international private lawyer still accept
What is the proper wayy a lawyer prep you for your case?
Still helping thank u
Was considered medically disabled but my condition is not severe enough. That with medication my condition can improve lol even with medication I still have pain and chronic pain! Hypoparathyriodisms hypocalcemia hypophostemia and 21q deletion :( in constant pain and my claim was denied bc of the medical consultation who said my condition wasn’t serious enough :( wtf
I have my appeal date this December 18th with an ALJ and I have a lawyer. What are my chances percentage wise of winning that I'm lawyered up. I have all the records I need in proper order. What are the chances? It's almost two years now since I first applied.
It’s very helpful. But the problem is that I don’t have a computer to make copies . I only have a phone to fill up the informations . Please help me.
Will I get my letter first or my check for reconsideration cause I have chronic kidney disease and alot of other health issues please answer it's finally been sent to there doc. To view it how long does that take.
I was denied because it wasn't enough medical information to proved my case, so I file a reconsideration, and now i have had updated medical appointment, seen MRI imaging, and specialist I have seen, and I checked and they are already working on my claim But my question is can I still updated my new medical record online.
thank you
You are welcome.
I tried to submit the forms today 561 3441 and they said thats not what I should submit to appeal. They had me on the fly make a statement on another form to appeal. Am I getting screwed again?!
If you have had 2 open heart surgeries and have degenerative disc disease in your l4 and l5 spine,ibs,narrow artery disease,history of tia,history of a-fib episodes,history of kidney stones and the doctor wrote a letter stating these conditions and said in the letter that I could not work and still got denied. I am In the appeals process right now with my attorney. Was there anything else I could do?. My doctor who did the open heart surgeries also told me after that if I stress my heart out I will have to have a heart transplant.
I'm not an attorney, but based on my research, a lot of people both try to underrepresent their case and also overstate it. Don't cheat yourself by lessening your conditions with legitimate documentation. However, say if you have back pain or whatever pain...don't go to a hearing or state in doctor documents that it's a "10 out of 10 all of the time" because that doesn't make sense and you'd be at the emergency room all of the time if it was. Even severe injuries may not hurt all of the time and might be like a 6 or 7 a lot of the time.
Question. Will the judge at the hearing take into consideration, limitations of my health insurance? I.E. Wellcare aka Obamacare. Any major tests, and or procedures always have to be "per-certifed" and 98% of the time after waiting for sometimes 2 to 3 months, being denied. Simply put the insurance will not usually cover test like MRI's CT scans with and without contrast etc. Im getting ready to go before a judge soon and the MRI that I have is two years old. I have tried since then to get newer MRI's done as well as CT scans, but the insurance will not cover it. Any suggestions and will the judge take that in consideration. Thank You for these videos, you are amazing and very detailed in your delivery. Have a wonderful day!
Scotty, my experience has been that judges do take health insurance limitations into consideration but when all is said and done, they are not going to approve you if you don't have medical records documenting a serious medical issue. Some judges are more reasonable about this than others so it definitely hurts your case if you don't have recent MRI/CT scans even though it is not your fault that insurance won't cover. I would make sure to have your attorney explain this issue to the judge, preferably in a pre-hearing brief.
Thank you so much, and I'll definitely have my attorney do that. I do have a lot of back problems that I have documentation for but it was two years ago and I know my condition has worsened. Everything from DDD, Stenosis etc. So I guess I'll see how it goes. Thank you again.
Hi my name is miss cooper and I've been turned down have to do hearing I have r/a and lupus and lung disease and have problems with my hands arms back and right knee my feet swell fluid on my hands and arm need good attorney any advise
During the appeal process, is a Functional Capacity Form sent to the doctor, or primary care physician? Or is that sent only during the initial application process? Thanks 😊
You can submit an FCE form at any stage in the process, but generally speaking the earlier the better. I prefer FCE forms from specialists as they will usually carry more weight.
well have clients taken their lawyer to court for poor preparation of their case and non communication? I am definitely keeping a log when I go up there and when I call and not get a call back.
I would suggest that you call your lawyer and make an appointment to meet face to face. Understand that because of the huge backlog at Social Security, months can go by with nothing much happening. That does not mean that you should not get a call back but I would be more concerned if you are not getting calls back after your hearing is actually scheduled.
ive tried that already. just no call back
Thanks again for taking the time to do this video. I have an odd question if I may sir; Is it unusual that my initial application was adjudicated out-of-state and now my reconsideration is being done back in my home state? Thanks.
No it is not unusual. SSA will sometimes send initial and recon files to offices with more capacity.
Thanks Mr. Ginsberg. While I understand that some cases are sent out of state @ initial, I was surprised that the case has been sent back to my home state for recon. I am very grateful for this as my new adjudicator has been helpful, supportive and she has informed me that a Work History Form I was accused of not providing SSA initially, was there in plain sight and never considered.
Mr.G would you go for the Appeal Council or would you start a new claim
It depends on a lot of factors - very case specific.
Can someone win with a visual impairment and bipolar disorder.
Another Question Please? What recourse does a person have if the Appeal is denied, given that only 10% are approved. Mine has already been filed.
The next step would be to appeal to Federal Court. This stage also has a low reversal rate.
Did you do a video about legal aid vs lawyer for ssdi... the difference and the cost.
I have not done a video on this topic. I don't know much about how Legal Aid works but if I can find out, I'll add this topic to my list. Thanks for the suggestion.
I didn't know Legal Aid represented SS disability cases. Thanks for the info.
in my case i'ne been denied due to sga. what approach should i use as my income, is why im having my disability cessated? my argument is my employer paid me holidays and some small bonuses i wasnt aware of , looking back at my paystubs. that was not my fault. i thought my income was averaged out over the course of twelve months. am i wrong
Erik, they look at your gross income on a month by month basis. They look at the date on the paycheck to determine which month it will be associated with.
How long does reconsideration take (I do have an attorney) SSDI received on May 10th since then still on third step)
Also my PCP filled out functional capacity form
Expect a decision in 3 to 5 months.
@@Angeliclove828 what is pcp? And how do i get a function Capacity form if you mind me asking.
Social Security has had 50 years or more to fix it self and hasn't done a darn thing.
I'm not paying taxes any more, I see now it's just a wone way street.
is it better to do a appeal online or at the social security office?
Thanks. Question. You stated that no one is going to look at your past information. Does that mean that the reconsideration phase adjudicator only looks at new information, without taking a look again at the initial application? Many thanks.
No, the adjudicator will look at the original application. I'm just not convinced that what you say in all the forms is all that important compared to your medical records.
Thank You Sir.. I agree with you on your forms statement, that's for sure... I am hoping that my appeal being looked at in my home state, which was not the case at initial, will be done so without the shenanigans I encountered.
is the reconsideration appeal the same as the appeals council.
No. Recon is the appeal after your initial application denial. You appeal to the Appeals Council after a hearing denial.
So my daughter has Graves' disease at 16 they denied her because they say she not blind or doesn't affect her daily living I really need help she is very limited at her age
Then why do they give directions on how to decide fibro cases and attorneys advertise for fibro cases if there's really no chance at being approved?
I am not saying that fibro cases are impossible to win - my experience has been that if you have a treating rheumatologist and other specialists who will support you with functional capacity evaluations, if you have a long work history and consistent treatment, you can still win. The days when you could come to court with family doctor records and gaps in treatment are over.
my rheumy referred my care back to my pcp for follow up. what other specialist would be helpful? physiacist?
Yes, that can help. I find that in FMS cases you need more than just your PCP. Most of my FMS cases include records from a variety of specialists since pain tends to move around the body and can mimic other medical problems. If you look at the web page I referenced, there is a profile for FMS claimants and it helps if you match that.
I have seen a sleep specialist and Gastrointestinal too.
Mr Ginsberg, can you give me advice about fibromyalgia? ive seen rheumatologist once but referred care back to pcp to treat for pain. no relief, any other specialist I should see? physiacist? cant do pain meds because of side effects
Fibro cases are tough because there are no objective tests that your doctor can do to visualize it. Take a look at my law firm web page about FMS: www.georgiasocialsecuritydisabilityattorney.com/case-strategies-and-case-studies/fibromyalgia-case-strategy/
A hospital had failed to submit critical information to my Medical Records before my hearing, which i was denied. It is currently being appealed. I found this out after reading through The Decision Papers. I went and got those records and a medical letter from my doctor stating my condition, which is identified as a listed disability under SSDI law. Listing 2.07.
My question is....the Medical Records should be admissible because it was before the hearing.
But what worries me is...is the Medical letter from the Doctor permissible, since it was written after the hearing? It was his office's Medical Department that failed to submit all the Medical Records. The testing came before the hearing.
Do you mean reconsideration from denial based on a CDR report?
Yes, if you receive a CDR termination the appeal would be to file for reconsideration.
@@ssdattorney Thank you Sir.
Can you represent someone living in ny?
How does it work if your last day of insured was 5 years ago and your last day of work was 9 years ago. AOD is last day of work. Application date 3 years ago.
Your AOD (alleged onset date) is the date when your medical condition prevented you from working. Often it correlates to your last day of work but it can be later (or rarely, earlier). If your AOD is after your date last insured, you would not be eligible for SSDI. The application date is only relevant in terms of what you can recover financially.
how soon before the hearing will the attorney submit a pre hearing brief?
Ideally as soon as you know who the judge is. However, because of the long delays, at my office we update the medical records as soon as we get notice that a hearing will be scheduled. Once I get the records updated I'll get the brief prepared and filed.
do you accept out of state clients? I am not happy with my attorney as they do not communicate with me. can I fire him and go with someone else. this is my last and final chance to get my disability and it needs to count.
I do but I caution anyone who has a lawyer to make every effort possible to work things out with that lawyer. When you fire a lawyer, the fired lawyer can claim a fee, meaning that the 2nd lawyer would have to file a fee petition instead of proceeding under a 25% contingency fee. I have a few fee petitions pending for well over a year so I am very reluctant to take on a case when a potential client already has counsel.
Hi Jonathan I’m new in your channel please can you help me win my case because the denied my ssi , and know I have a request of reconsideration ..