Can Your Outward Appearance Help or Hurt at Your Disability Hearing
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- Опубликовано: 12 июн 2019
- Should you pay attention to your appearance - your clothes, nails, hygiene and other outward appearances - at your disability hearing?
Recently I had lunch with a former Social Security hearing office staff attorney and she revealed to me that judges do pay attention to how you look when you walk into the hearing office.
As I discuss in this video, she gave the example of a female claimant who comes to a hearing with clean and polished fingernails and toenails. If this claimant is alleging disability based on severe back pain, or carpel tunnel syndrome, or breathing issues, the judge would want to know how that person managed to bend over to paint toenails, or to sit for 45 minutes in a fume filled nail salon.
You should assume that your judge will notice everything that you wear and everything about how your present yourself. Your appearance and presentation need to be consistent with your alleged impairments.
Further, since the correct attitude to bring to your disability hearing is “I don’t want to be here and I will continue to do everything I can to return to work,” your appearance should not imply that you are happy or content to sit at home.
I generally advise my clients to dress in a very basic manner that is consistent with their claimed impairments. If you have trouble bending over, avoid wearing shoes with shoelaces that have to be tied. If you allege carpel tunnel syndrome or diabetes that interferes with fine motor skills, avoid clothes with buttons.
Whether you win or lose will depend more on your medical records than whether you have painted toenails or tie up shoes but there is no reason to inadvertently arouse suspicions that can set a negative tone at your hearing. #winsocialsecuritydisabilityhearing #ssdi #disabilitybenefits
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They don't care what you look like when they deduct it from paycheck.
Very true.
Excellent point that should be brought up when questioned, except it would sound like a confrontational outburst. But your statement is spot on.
Right!
absolute money.
I honestly think 1000% looking at all of your videos helped me win my hearing. I watched your videos all the way up unril I walked into the SSA building. I was extremely nervous because my lawyer was running late and I had never met him. I was rattled but did my best and when the judge hit a nerve amd mentioned my dog that passed away that I waz still grieving for, I said please stop talking about my dog and that was the first time the judge even looked at me and I couldn't hold back my tears. The whole time she was turned sideways looking at her computer screen but I had to look at the side of her head. My medical records spoke for itself but my lawyer missed getting the MRI for my back and the lawyer called him out on that. When I got my decision back it was a little over a month after my hearing. I was shocked that it was so quick and I read all the pages and everything about my conditions including the MRI for my back was there. My lawyer told me it will take 60- 90days to hear from them but mine came extremely quick. Thank you for helping us and thank you for giving us your time to answer our questions.😊😊😊😊
I had to show up in court with short pants on, which were nice dress dockers, and I was also on crutches, due to having surgery 3 days earlier, for a badly torn ACL and meniscus. Before the hearing, my attorney told me, that after I introduced myself to the judge, to apologize for wearing short pants to the hearing, but it was necessary due to my recent surgery. The judge seemed to appreciate the fact, that I cared about my appearance in court. He said that he understood and would "note that fact". :-)
I do my own nails, but the judge was way across the courtroom and never saw my nails at all, but it makes sense.
My attorney told me the same thing. He also said not to bring in a purse, just a wallet and car keys kept in your pocket. He said wear hair down, no makeup.
He gave you good advice.
My attorney told me to come in as I look everyday at home which is plain clothes, sneakers and yeah no purse. I never carry a purse anyway so it worked for me.
Disabled doesn't mean dead. I try to maintain my hygiene. Both my shoulders are torn , both arms were in casts after surgery I still tried to take care of myself regardless of the excruciating pain. Finally I got so worn down I couldn't function.
I do appreciate all your informations and when I see you actually do answer people back with a reply shows you really like to help people and it is very kind of you. Thank you sir.
You are very welcome.
Mr. Ginsberg you are such a blessing to those of us about to go to a hearing soon. I was wondering about what to wear to mine in 7 weeks and this answered it perfectly. Thank you very much.
Great tips. I did get nails done when I was working because I was in a senior management position and couldn’t do them myself. However, it would send me right to bed for several hours after sitting for 45 minutes. Life is just difficult and explaining all this could be exhausting. Thanks for your help.
In some of the Groups for Fibromyalgia for example there Members that will tell other Members not to use make- up, wear what you do at home. They will also tell them not to take Medications on that day of Hearing.
Another great topic. I would have thought it shows respect for judge and court to dress very respectable. But your explanation regarding SSA apperance is much more accurate. Thanks for looking out for us. Good job.
Thanks a lot for this video Jonathan, I haven't had a pay check in about three years and all I have is old clothes and old worn out Tennis shoes.
`Very helpful information. My previous representation did not go into this kind of detail. Thank you.
Mr Ginsberg, thank you for doing these videos. They are helpful, informative and appreciated.
My pleasure - glad you find them helpful. If you haven't seen my FB page it is here: facebook.com/ginsberglaw
@@ssdattorney Great ! Thank you.
I'm happy I asked my lawyer what to wear at the pre-hearing questionnaire a week early. Good Info! BTW I was found by the ALJ to be a disabled after all testimonies and evidence we presented 3 days ago. A new subscriber!
yeah well if some Judge thinks nail polish or manicure means anything, they should get sued. BECAUSE THEY DAM WELL BETTER ASK WHO PAINTED THEM. because it could have been anyone who painted their nails. Maybe to make them feel better they did em a favor. Like, thier sister or friend or kid did it.
Thank you for the helpful advice
My hair was in a ponytail and she asked me who comb my hair lol
Your experience is consistent with what I am talking about in this video - judges notice these things.
Lol
Wow
😂😂
Hey Jonathan, thanks for the answer!!
These videos give folks help, especially during the waiting game! Thank you very much!
Always appreciate the real deal on this page. Its sad that some judges have a bias and sometimes sexist opinion about a person after meeting them in less than hour. There are many plausible reasons why a person looks the way they look. In physical therapy they teach you how to reach your foot by sitting in the middle of the bed or using certain gadgets to tie things.
Some people can struggle through quite a lot of pain and a little extra if they refuse to let their illness kill every thing about themselves that doesn't mean they can paint nails ALL DAY.
This was a question of mine..thank you!!!
This just tells me there is serious bias against people who are disabled.
Wow thank you for the great advice. I deal with depression about being not able to work and my parents sometimes get me the 10 dollar beautiful hair color. the pink or purple cheers me up and my little girl loves it. But i’m glad it’s about worn out in time to see my lawyer.
Great ideas!
Its a Judge. They are human. They also do this for a living. Can you imagine being them ? Really imagine. They know the gravity of their decisions. Be yourself, be honest, prepare....and listen. Great video thank you
Good points, Deb.
It doesn't matter what you wear, they're looking for any reason they can find to screw you out of your benefits. I wore no makeup, hair pulled back, black pants, white top, black slip on shoes, and had a lot of objective evidence of my disability. Still got denied.
Love your videos. Very helpful.
I appreciate your help Jonathan
Hi Im first to watch this video ♥️ Applealed SSDI with lawyer 10/18 Im currently in pre-hearing status. Ive been treated for 3 herniated cervical disk since 2016 & latest MRI shows its now 4. Followed your instructions to submit uptodate medical documents 👍 hoping for favorable decision without hearing. Now "if" I must attend hearing I'll dress down. BTW Ive submitted over 18 medical docs for their review 2016 to current.
I recently had a psych review and took your advice and had a good night's rest and was completely honest and I believe it helped more than being up all night worrying about it and appearing to be messing up on purpose. I have been honest with all medical professionals, insurance calls & SSA contacts, incl ER visits. My medical records alone speak volumes and I didn't take this claim lightly, using 12/4/18 as my onset date when I realized I couldn't work FT in my newest job so didn't go over SGA(?).. I realized my health was getting worse and I couldn't wait until I reached 55 this November, then suddenly found out I also had a large precancer tumor in a very bad spot less than 3 months ago that added more to my other list of problems, with complications after tumor excision with bleeding & blood transfusions, and stent placed in my common bile duct to be checked every 3 months for a year. Your nice tone in your voice and being quick and concise to the topic in all your videos is very appreciated. Thank you sir!
My pleasure and all the best to you.
Thank you for this information
Thank you for all the videos
You are very welcome.
Great advice 👍very helpful.
I want to thank you for your valuable work in providing advice in your videos. I filed a claim for disability for the first time without a lawyer and was going crazy with all the paperwork s.s. sends to be completed. Thanks to your videos and some other research done on how to do your best regarding your first time claim, and other details of course, I believe I was approved after 5 months. Thank you so much,! Blessings to you and your work 🙏
Always such good videos 🌟🌟 thanks ....all seems like a crap shoot , so many variables..ya just never know 🙆 my hearings in 5 days !
Good luck Keena.
Pray it will go in your favor
excellent advice for any court appearance!
Thanks, Dennis.
LOVE YOUR WORK
Thanks Attorney Ginsburg.
You are very welcome, Monique.
Excellent
*Helpful video Mr. Ginsberg, thank you. My hearing is in less than a month.*
Good luck at your hearing.
Did u win?
Great tips THANK YOU
I can only imagine how difficult it would be for me to try to use a clasp on a necklace, and often swelling in hands are an issue that would be a problem with rings.
Thanks for this video I have mine in 2 months
It’s true, is not a job interview.
I thought about my outfit maybe too long, but I think it was worth the time plus TIME is what I have. I ask myself what color is a sad/depressing color. Dark, I was wearing dark blue pants and a black and not bulky sweatshirt.
Good luck to all,
Why couldn't i get a lawyer this good?
Sometime ago you said that you should not look like you are trying to look down. At my hearing I wore the clothes that fit me. Most are falling apart at this point. I was granted my ssdi. One thing the judge did mention in my case was the way I was dressed. There were many other things the judge mentioned that help with my case as well. There where somethings the judge did mention. Like my hair cut my beard and my unkempt clothing. My ssdi was granted do to my mental health. Not so much on my outward appearance. Even though it did not help.
I have found your videos very helpful. I have been in this process for over two years. I have CHF with Ed 20which has go e upnow to 24, 61 years of age and sx'd with spinal stenosis, epepsy, depression and anxiety. I have a Master's degree and fear that they are holding off to see if I draw SSA. My LV size is 5.9 and have a small AAA of 4.2. I'm getting tires of the process. Your videos encourage me !
I was thinking that looking professional would look respectful-thank you for the advice--it makes sense.
Excellent video!
Thanks!
The information you give is so helpful. I have major swelling in feet, ankles and legs. Dresses are more comfortable so would I be sending the wrong message if I wore a casual dress to my hearing?
I was thinking the same, way easier to throw on a dress, I thought about a skirt cause I'm not sure how they would feel about me wearing sweat pants which is mainly the only pants that fit me
Hello, when I went to court for my disability hearing I got a anxiety attack and threw up in my daughters car. Needless to say everything went down hill from there. I had to go to the bathroom and wash up, my shirt had to be thrown away. My daughter had a tank top under her shirt, I had to borrow her shirt. The worst part was when I went in to see the judge was clearly annoyed with my lack of being able to breath properly. He ask what's going on did you take your medicine do we have to reschedule? Needless to say I am sure that took a toll on the judge decision. I have a 31 year steady work history and due to a car accident I have major damage in my lower back. I've had surgery since and had to hospitalized a month after surgery due to severe pain and throwing up. The MRI showed another fracture in my lower back and possible I will need another surgery. My case is at the appeal council level and this is really not helping my depression and anxiety. My attorney said I have a good case and did not understand the denial specially when the vocational staff said he did not find a job I can do. What is you're opinion?
Hard to say without seeing the evidence and reading the unfavorable. Hopefully the Appeals Council will remand.
Tyvm
Back in February, I bleached and dyed my hair blue in a desperate attempt to avoid cutting myself. My lawyer is telling me I have to remove the remaining blue (it’s EXTREMELY faded and my roots are way grown out now, it looks like total crap.) But wouldn’t leaving it as is be a way for me to bring up my manic episodes and my self harm? I was hospitalized for 10 days for cutting/suicidal ideation after losing my last job (7th in 10 years that I was fired from) so I almost feel like leaving it how it is (definitely would not redye it blue again before the hearing) might actually HELP highlight those points?
I almost had to amputate my leg because I did my own pedicure with my condition. Do they consider that “ a person may not be able to do those things on a daily or weekly basis? “ Or are limited to these activities to semi monthly or monthly?
Hi Jonathan, I have an interview soon I have a 3 tier fusion in my neck I have pain every day worse in the cold and rain. Was thinking something expoing my neck so the surgery visible what do u think?
I am a male and I have a ponytail, about a foot long from the base of neck. My hair is swept back very neatly at the front. Just an aside, I refer to it as the 'tree rings' since my last paid employment, as that's when I started growing it.
Should I cut it or have it trimmed?
My nails look like crap! I get it. In my "zoom" meetings with over 28 doctors, wearing my robe & no makeup...they all say I look "presentable" which I don't in any way, shape or form.
Hey I go to my hearing tomorrow and am very nervous have severe anxiety and panic disorder am prescribed benzodiazepines n different types of alprazolam also zolipedam for sleep I also have been diagnosed with ms and have pretty significant documentation straight from my specialist that I cant do any kind of work I'm very worried right now as to what else I possibly could need !!!
Thank you Jonathan 4 ALL your help !!! LUVNPCE..... 1 John 4:16
You are very welcome.
Thank the Lord for you. I have a hearing August 5th and I am learning a lot from you. Thank you for you free help because you do not haft to do this. You are a good soul. Thank you!!
I went in front of a judge and in his decision he commented on a nose ring. Could something like that be a reason a judge would not make a favorable decision?
Mr. Ginsberg, my wife has become bedridden from a stroke, she is 55, and has a form of dementia that effects her short term memory. She also has mood swings that prevent caregivers from helping her on a frequent basis. She had workers comp case that settled in 2009 but began in 1999. She has stayed at home with our son since his birth in 2004. Our home flooded in 2017 after she had entered the hospital. She was recently denied ssdi due to lack of medical records to prove her disability prior to 2004. I can't afford to keep her in the nursing home (already owe over 25,000). There trying to discharged her for lack of payment but our house isn't fully repaired yet and our son and I are living with my 78 year old mother. My mom isn't doing so well either. Any suggestions would be appreciated. Thanks
My lawyer called and said I don't have to go to the psychologist appointment because they've reached a decision and I should know in 2 weeks. I hope that's a good sign.
Yes, that is a good sign.
This is very true.. a friend went on her first hearing dressed up, looking nice . On appeal she let her hair roots grow out and looked very homely , no makeup etc .. and won. Appearance matters .. luckily now we have phone interviews due to Covid . Jonathan please make a phone interview video ?? It’s the way they are conducting things these days . Thank you so much
Here is one video I did - ruclips.net/video/A1bfdlSEv9A/видео.html. I have a few more about this topic on the content calendar.
My daughter does my mom and my nails because of our arthritis we aren’t able. Would that be held against me in a disability case?
Go in with flip flops, no bending over required. And don't trim those toenails for months. #eagletalons
Quick question Mr. Ginsberg...My award letter says review in 5-7 years. Is that from my onset date or from the decision date?
Decision date.
@@ssdattorney Thank you sir.....
Hello Jonathon- I was wondering if you could expand on this particular subject in a future video, or is there one already that I haven't seen yet? My case is similar to what the above poster stated. Would like to know what to expect as far as any contact from SSDI or what forms are to be filled out, etc. I'm 58 y/o and I was approved for benefits about 2 years ago at the initial application stage, and after watching many of your video's I believe I met a "listing" as I suffer from congestive heart failure along with having a pacemaker-defibrillator and among a host of other medical issues as well. Thank you for all that you do.@@ssdattorney
If someone paints their toe nails one time,that dont mean they can work a job 8 hours 5 to 7 days. It takes 10 minutes or less.
@@stbam1965 I agree. For a lot of people it's about STAMINA. Just because you can do something doesn't mean you can do it for a full work day.
Isn’t it obvious to ALJs that it’s friends and/or family who would dress and groom a disabled person for the court hearing, even if this causes a subject an undue physical burden and he/she wouldn’t have never done this themselves?
It’s so backwards. People wait for these hearings for years sometimes, and their support network realizes, what an important event an appeal hearing is for them, and go out of their way to get them presentable in court to please the AJLs (people have respect for courts). AJLs must at least test/probe any conclusions/impressions they may make based on appearances.
Or maybe AJLs would appreciate to have claimants/appellants appearing in court in their 1-yr unwashed pajamas, covered in food drippings, urine dropping, and the smell of BO.
How do you think this view is done with those with body modifications?
they look at my eyes and see it
I'm sure they do...
In all honesty I get mani pedi because they massage my hands and feet which makes them feel better at the nail shops they have massage chairs that help with my back pain seems kinda unfair
I went to my hearing in plain clothes and not happy because it was a a hour and a half away i hate traffic because of my car accidents and i was not happy in the hearing the there was a vocation expert there she was like he could possible do mail room clerk or light assembly and the judge ask well u heard his testimony and judge read off i cant stand more than 10 minutes and cant lift even a gallon of milk and cant do complex projects, also the judge said I would call in all the time because of pain and the vocation expert said no that I could not do any of those jobs and the judge said ok
wolfgang My husband transfers milk to small bottles for me so I don’t have to lift the jug. I feel helpless, but the little things hubby can do for me gives him the feeling of being able to help me, and it makes me feel good seeing him feel like that. Isn’t that amazing and silly at the same time! I read somewhere that men do better when presented with problems they can solve, so that’s what I try to present to him most of the time. And if I have to share a problem with him that he can’t fix, I specifically tell him that he doesn’t have to fix it, but just to listen to me whine. Most of the time, that fixes my worrying about the problem.
@@MaraschinoMary1 I'm glad you have a great husband to help you. I unfortunately am divorced so it's been really difficult try to manage each day of challenges with a roommate who is completely inconsiderate and doesn't let me modify anything to make my life easier. I understand it is his place but still,
A guy I met at the local park told me that his attorney told him to go to court, stinking very badly, so he avoided bathing for several weeks, and won his case. I am wondering if he won so that THEY would not have to smell him anymore?
I think that goes along with wearing your pajamas. Trying too hard and being disrespectful. Even if you can’t fully shower you can wash yourself enough to not smell
Do they look at the grid rules automatically during the process or does one have to point it out?
I would not assume that adjudicators fully understand how the grid rules work so at the initial and recon stages, I would point out the applicable grid rule. Even at hearings I don't assume anything.
Can you work part time if that is all you can do?
Thanks for the videos. Is it possible to get approved while waiting for the hearing? I recieved a letter from the disability office wanting updated medical records. The letter said that it may be possible to get a favorable decision without going to a trial.. Thanks again
I would like to know the answer to this as well
My friend got approved without a herring. He got it for bi polar disorder.
Hello Mr. Ginsberg; I have a question, I was approved in February 2019, but have a review in 18 months. What does that mean? Do I have to go to a second hearing and get approved again? Or is this just a formality? I'm 58 years old. Thank you!
If you are receiving SS Disability Benefits you will be the subject of a Continuing Disability Review (CDR). A Continuing Disability Review or CDR is a routine review conducted by the Social Security Administration to make sure that people receiving Social Security Disability benefits are still qualified as disabled and entitled to receive those benefits.
I have enlarge prostate, cafther to urinate, lung blockage, arthritis in feet and hands. Waiting on surgery Feb 6, 24.
I am 60 yrs old, limit mobility, homeless, and no income. I have no choice, but to apply for disability. Please help.
I did t this and won
Congrats on your approval.
Anything on Tattoos?
What about facial hair, women too. Its hard enough to deal with hairs. Waxing at a salon verses shaving your own hair off.
I have a trick for my tie up shoes my parents taught me, just leave them loose enough to slip them on, and keep them tied permanently
I have lost a lot of my hair because of autoimmune disease so I typically use hair fibers, most people can’t tell. Reality is I’m very bald on top, do I skip the hair fibers? Go straight up Gallagher? 🤷♀️😞
Show the real damage your body has suffered...I won my case eventually but learned all this stuff the hard way. Just toleratinh lifting the can to your head can be used against you.
This is sad on so many levels what a country we live in for a person to judge u on what u have on, so basically just come in there like u are borderline desperate
Here in Kansas, I've not seen anyone at the Social Security Administration.
Because of CV 19.
Thank you I didn't know what you wear count. How about wearing medical alert bracelet will that hurt the case?
I went in my pyjamas, messy pony tail ( numerous health issues ) still denied , waste of time my son taking me there .
Do they care if you dont shave
👍👍
Jonathon My cousin told the Disability doctor That he drove there and that he drives to Physical Therapy three times a week and to Church on Sundays, Is that bad or would that hurt him? He was trying to be honest with him, He is truly Disabled with Bad knees and bad back and Elbow and Shoulder from a car accident! and colitis, where he had 80% of his intestine, removed where he goings to the bathroom 15 to 20 times a day!
I had an eval. Dr. note that because I could drive I should be able to work 4 hrs daily
Even some nursing home patients get their nails done. Not your fault but the system
Manicures can, and have, been done at home..just saying.
If you truly can't bend over well or tolerate it for several minutes you'd understand his point better...just saying
I understand what he's saying but what people don't understand is under this nice wig my hair is matted I because I didn't wash it for 3 months
And you try to be respectful and not show up to court any kind of way. My nails are short because I pick them because I don't eat right because I don't take care of myself right not because I've gone out and got a manicure I get what you saying but I just wish these judges will look a little deeper what doctors do is they judge you for your overall records or should be so even if you look decent that day look at the medical records they got cavities for not brushing their teeth look at the job record got fired from all these different jobs the longevity stuff not something that could be done in one day. The psychiatric records dating back for 10 years
I shaved my head one side only
Did the judge make note of that in the decision?
@@ssdattorney my lawyer was not happy at all so I guess will find out 90 days from now
🤣🤣
Attorney Ginsberg please answer this question. I've received a fully favorable decision. I've pretty much loss the ability to do anything physical so I dealing with deep depression daily. My mental health doctor advised me to chronicle my feelings via audio recordings or by slowly writing them out (I have bi-lateral hand problems) even after (3) surgeries. Sir, I decided to follow her advice some of my personal challenges has developed into a song that I'd like to have produced and some day released. If by some miracle people relate to my song and buy a copy of it or the rights to use it in a television show or movie (I clearly have a good imagination), would I get kicked off of SSDI? After all I'm not dead even though I live with constant pain daily. I need a reason to wake up a purpose and this writing bit is helping me.....I am so curious to hear your answer to this question.....Thank you in advance for taking the time to respond. I trust you....
Hi Jonathan I have a important question for you. My beloved wife passed away on may 23rd and I know I must stop her payments. Im just wondering since ssdi pays a month behind and she was alive in may and her payment in June will actually be for may is she entitled to that last check? Just wanting to make sure I do the right thing. Thanks u helped us so much on understanding all this until she won her case only 6 months ago. I miss my shannan very much. Thanks for what you do.
Very sorry for your loss. It was my understanding that one of the duties of a funeral director is to inform the goverment of a person passing. Again, not sure, but please check with the funeral home.
Awww sorry.😢
I filed for mental illness and showed up in pajamas for my hearing. And that's really how I felt that day. It wasn't a good day.
Have you represented someone with Trigeminal Neuralgia?
Yes, I have. I had a T.N. case earlier this year.