How do You Prove that You Would Not be a Reliable Employee and Therefore Should be found Disabled
HTML-код
- Опубликовано: 1 ноя 2024
- Social Security disability judges will only find you disabled if the evidence in your claims file shows that you do not have the capacity to perform a simple, entry level job. As such, as a disability attorney, I put a lot of focus on what the medical record says about my client’s documented physical and mental health limitations.
However, there is another important element to work capacity: would you be a reliable employee. For example, you may have the physical and mental capacity to perform the duties of a office secretary, a warehouse worker or a machine operator, but if you would need excessive breaks, or if you would miss 4 days of work per month because of your symptoms, you would not be reliable enough to sustain employment.
In this video I try to answer the question “how many breaks or how many absences are too much?” I also share with you how I get the evidence I need to prove that my client would not be reliable.
Would your medical or mental health problem negatively impact your reliability at even a simple, entry-level job? This is the question you need to answer if you hope to convince a disability judge to award benefits. #winningsocialsecuritydisability #vocationalexpert #ssdihearing
===============FREE SURVIVAL KIT====================
Don’t know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
bit.ly/SSD-Sur...
==============================================
==============FREE CASE EVALUATION=================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
bit.ly/Contact...
===============================================
=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: www.ssdAnswers...
Facebook: / ginsberglaw
Telephone: 800-890-2262
bit.ly/Contact...
=================================================
**Click Below to SUBSCRIBE for More Videos**
www.youtube.co...
This is primary reason I received a favorable decision on my case (SSDI on mental health grounds). I also had an MINE finding at age 35, so you know my evidence and witnesses were strong. I’m just grateful for how my case turned out. I’m one of the really fortunate ones.
have you had any medical reviews
THANK YOU Mr. Ginsberg for making these videos. I have been on disability since 2013 and every aspect of this video just reiterates to me what I have been dealing with. I even have issues volunteering because most sites want you to commit to a set time and day. My chronic pain is unpredictable. Just living and doing my everyday activities causes flare ups. I love your videos and the information you provide. Keep it going!!!!!😀😀
I wrote on the very first page," I have SNHL and severe Vertigo with Drop Attacks. I have been injured during the falls more times than not. I am a RISK MANAGEMENT nightmare and a legal liability to hire." I am tired of playing games with these people.
I had my hearing over the phone with my lawyer this morning. No vocation specialist was needed and they had plenty of medical paper trail. I got a decision right at the end of the call.
Can I ask what state you're from? & What diagnosis & disability do you have? I have my phone hearing soon!
Praying that my son gets approved. Thank you for the videos
I hope so too. Thanks for the comment.
Your knowledge and expertise is incredibly great. Your presentations of all the videos I have watched are very informational , helpful and a major blessing. I appreciate all that you do.
Good one Mr G .please don't forget about 3 and 5 year medical review how to win presentation
Will do.
One of the reasons I won this recent case is take too many breaks and be off task due to my many impairments and would miss too many days.
That is the key factor in an SSD case - lack of reliability. Congrats on your win.
Mr. Ginsberg,Would you be able to do an updated video for veterans with 100% P&T applying for SSDI? I learned from your previous video 5 years ago, and wanted to know how things unfold in practice. How long is the wait for the "expedited" filing?Are you seeing an approval rate for 100% P&T veterans greater than average?Thank you for your videos.
Being 100 percent P and T has little bearing on your SSDI case. Two separate systems with different definitions of disability. SSA is not bound by a disability determination of another agency.
Mr. Ginsberg,
I have a question about failed work attempts. It's always been to my understanding that a claimant cannot work and apply for SSDI / SSI at the same time. I actually had an ALJ that cited a failed work attempt documented by one of my doctors as ability to work. Further my attorney had to amend my alleged onset date of my disability because of it. Any clarification on this issue you could provide would be greatly appreciated.
I’ve been on FMLA Intermittant disability since 2013 for my severely arthritic hands. I’m approved to miss 1 day per week and I do. I just quit my job of 19 years because I couldn’t physically keep up. I have medical records in regards to my disability from 2010- current. I’m 62 and filing this month for SSDI.
Does having the fmla Intermittant disability help with getting approved?
This wasn't mentioned in your video, but what about someone, like myself, that on average has 8 or more Dr. Visits per month including mental counseling? Wouldn't having to take off during different times of the day/different days of the week constitute "excessively off task", given a person may not have sick days, etc. to use to cover for these visits? I have to go 2 days every week for a.) Individual mental therapy & b.) Group mental therapy sessions alone, plus specialists appointments.
My lawyer ask me about how many days a month do you miss work....it was way over 5” damm Gastroparesis and blacking out on supervisors made it hard to work” it also doesn’t warn you if you have a flare up....I can’t even get a part time job due to it....I also get major trimmers, I had them bad in my hearing, my anxiety was though the roof.... I seen the VE looking at my hands shacking....I seen it through the corner of my eye.
My mom cam as a witness and told them about my mental issues and me cutting myself to relieve it....this happens if I miss taking my meds.
If you miss more than 5 days per work and the judge believes you, then you will win.
Social Security Disability judge found me fully favorite, now I. Just waiting on Medicare or Medicaid to kick in so I can go back on my insulin pump and pay all the back pay for rent...received my lump sum but not my award letter...unless the letter saying fully favorable is the award letter.
He only asked the VE one Hypothetical question after... I was asked a bunch of questions by my Attorney, then called in my witness” my mom” about my meds ...I’m on many with the worse being klonopin 2x a day.
My advise to all hire a Attorney.
Also, many of my medications say be careful about driving or operating heavy machinery.
That would prevent you from performing jobs around heavy machinery, unprotected heights and other dangers. But would that stop you from a simple, sit down job?
@@ssdattorney I have serious sleeping issues. I have to take thorazine and amytriptaline to even sleep then can`t wake up when I want to. Often the pills don`t help me sleep very long and I wake back up. This is all on record though. Plus the drug they gave me for nightmares caused low blood pressure and I can`t take the muscle relaxer for my neck problem with the thorazine. My doctor said my neck is already so degenerated that surgery won`t help. I can`t go out in public without having panic attacks but can`t take anxiety meds with the pain medication. It`s a catch 22. I can`t even go outside in the yard without panic attacks. I just stay in my room. I have zero friends.
@@ssdattorney I don`t even have a driver`s license but I`m not sure it would be safe to drive unless I didn`t take my meds. My morning meds make me very groggy.
I have a plethora of spine issues. was already deemed disabled in Fall 2018 but the law judge only gave me approval for one year of SSDI with a review at 1 year due to expected improvement. However, my medical conditions have not improved and are likely going to be lifelong including lumbar stenosis, ruptured, slipped/herniated discs at lumbar/thoracic/cervical levels along with a laundry list pf other diagnosed problems at all 3 levels that have not changed/improved since my approval last year. Also had 3 level cervical fusion prior to my approval and still have neck issues. Literally had 9 herniated discs prior to surgery (now still have 6) along with arthritis, degenerative disc disease, spinal column narrowing, constant severe pain..... i could go on and on. I am very worried about my review which is in the next month or two. What can i do to improve my chances of being extended since medically, there is nothing different now than when I was approved initially? I dont want to lose my income! please help!
If you have continued to go to your doctors during the year long period and your records show no improvement or worsening of the condition, you won't lose your benefits.
About 5 VA documented ailments..back heart feet copd apnea...after fighting to work ..finally giving in a filling..getting to dangerous at work and hurt to bad
Your videos have help a lot. What percent of people win ssi cessation appeal without a lawyer or rep??
Good question - I have not seen statistics. The problem is that if you get a cessation notice and you elect to have benefits continue, there would be no past due benefits from which to pay a lawyer and most people don't have $3,000 to $4,000 to hire one. So I suspect that for those who elect to continue to receive benefits, most will proceed without a lawyer.
I'm really thankful for your advice...I have a lawyer but I haven't been cooperative because I guess I just wasn't up for the fight..but he's convinced we need to go ahead....I've had to get a total hip replacement at 52 and have a mess load of arthritis in my lower back...now things are going wrong with my hip again..with just this small bit of info...could u be kind enough to give me a quick yes or no if u think its worth going forward...
Donna if you think that you would not be a reliable employee at a simple "warm body" job then absolutely go forward with your claim.
Thank you for your video 👍
I have a quick question: I have had two different attorneys from the same law firm work my case. The first one left the law firm after my first hearing (and nobody, including the attorney, let me know this until I called them 3 days before my original appeal hearing lol) will they charge me for the work of the original representative, or will they respect the $6,000 cap? Thanks in advance!
I hear that there are different levels of cdr reviews, such as 1,3,5,7 years. My question is how does one know which one they fall under when the paperwork doesnt say?
Do you have a video on the health insurance that comes with SSDI? I can't find one. Does the 2 year waiting period start from the date you applied or from the date you are approved? If I waited 2 years to get a hearing should I expect to get benefits immediately upon approval?
I am on SSDI. I was approved in Feb 2019. My time when disability was determined to start went back to November 2017. There is a mandatory 5 month period where you do not receive money for. Therefore from November 2017 to March 2018, I did not receive any backtime. I was paid in April 2019 for the time period from April 2018 to April 2019. That caught me up. So, since I recieve money for April 2018, I was eligible for my Medicare on April 1, 2020. So it just started. I waited 1 year from my first monies received, but my back time went back another year, so that is where my 2 years came from. Also remember, that you will have a Medicare premium taken from your check upon that date. I received my full SSDI for a year (including the year back time that I got), but on April 1, 2020 my check was $144 short due to Medicare premiums. If you do not have another insurance that covers prescriptions, you will also have to sign up for a part D prescription plan which will also be taken out of your check each month. Hope this helps. The 2 year period is not from when you file or when you start getting paid, but from the actual disability date that is determined. So the day your back time is determined minus 5 months.
I have an appointment to see a shrink for my disability claim next Wednesday for schizoaffective disorder, anxiety and social isolation. I took your advice and got paper copies of all the appointments (medical records) with my regular shrink. I take an assortment of powerful medications as well, including anti-psychotics, thorazine, mood stabilizers and an an anti-depressant.I also have trouble both sleeping then staying awake due to side effects of the medication and nightmares. I can`t take the medication for nightmares because it affected my blood pressure and the anxiety meds are not allowed due to me taking an opiate for a chronic neck condition. I`m 54 years old. I`m very nervous though. If I`m not approved I`m as good as dead...
Hopefully the psych consultative will help your case and be consistent with the other records you have provided.
My psyche dr put in my paperwork that I'm not suitable for working. That I'd miss too many days. I have uncontrollable PTSD, anxiety, and bipolar. Judge denied my case.
@@derbykitty666 did you appeal with a lawyer?
What about the time to go to the doctor? How does that factor in for missing work?
I'd like to hear more on this. I go to the dr 3 or 4 times a week. I've been trying to get disability for 5 yrs now. No job is going to let me go to dr appts 3 or 4 times a week, all month. Plus I'm physically and mentally not able to work as it is.
@@derbykitty666 Wow 5 years? Do you have a lawyer? If not, GET ONE. And if you do, you may need to GET ANOTHER ONE!
I was approved for FMLA intermittent medical leave from my previous employer and was let go in may after 10 years. I was approved for missing 3 days at on time 3 times a month. I missed 8 days from Jan to March. Would this be deemed as unreliable and would I need a letter from my employer as well as the FMLA paperwork
Mr. Ginsberg what would i have to do if i wanted to leave the firm im with and have you represent me?
I had 360 lumbar spine fusion surgery for spondlythesis . I have mild stenosis, DDD/osteoarthritis, herniated disc and nerve damage. I also have osteonecrosis and must have hip replacement. I have a hearing this month and I'm scared. My orthopedic surgeon who diagnosed me won't fill out a disability form until i have surgery on my hip. My pain specialist filled out paperwork saying i can't work because I'm so limited in standing, sitting, walking, bending,etc. I am prescribed ER Morphine, oxycodone,gabapentin, baclofen and zofran. Will my pain specialist letter have any impact? I use to be a human resource/payroll asst. I have worked for 23 years and i had to stop 2 yrs ago. My job fired me after i asked for fmla basically saying my work quality declined. Anyway i found out the judge i have has an 18% approval rate and no one really had any good reviews about him. Does my case sound like i could win?
I just read this and I really hope your hearing went well.
Mr. Ginsberg, your website is down currently. (12:36pm on 9/17/2019)
4 years and just got an unfavorable decision, i have a good chance to get it overturned can you help me? In NC.
If I lived in multiple States DC being one of them with this affect my SSI? I'm being told that back money that I'm old is being held up because of having lived in Maryland DC and Virginia
I recently had a S.S.I. bearing. The lawyer that showed up I didn't know or talk to before. And they talk like your a shoe in and they get really ahead of themselves. Got the denied letter in the mail few days ago and now I can't even get ahold of this guy. Don't fall for guys trick bags because they could care less if you are in a snake pit. Yuppies.
I think that's mostly those big national law firms.
Oh wow, sorry this happened to you. You need another lawyer who you can go speak to and who will take time to talk to you. You just had a horrible lawyer. He obviously wasn't worried about getting paid or he would have tried harder.
For my brother Sir that is if he lives the Lengthy wait period for as of yet a still not even scheduled administrative law judge hearing? I understand there about 10 months out for CA &
my Brother's hearing isn't even scheduled YET
Two year's last week and his treating Physician's when asked if they'd be surprised if this patient my brother were too die inside
One year ? He answered NO!!
as in he'd not be surprised if my bro died inside one year TWO YEARS AGO
Well my
brother is still alive still in my sole care
still 24 7 assistance dependent
still non verbal CAN'T SPEAK
non writing CAN'T WRITE
NOR gesture bodily CAN'T COMMUNICATE..!
Still denied at initial still denied at recon appeal
STILL WAITING ON AN Administrative law judge hearing scheduling???
20 to 100 he'll live to entertain at a hearing
IF
He does can anyone imagine how in the world they'd handle THAT
CAN'T SPEAK
CAN'T WRITE
CAN'T GESTURE
he's incapable of making informed decisions
STROKE was a Son of a bitch
Globally aphasic
Incontinent
20% cardiac f.
AND the
SSA DDS Reps adjudicators writers whomever else
They got the gull too dispatch a letter of denial and label my brother as being an UNCOOPERATIVE CLAIMANT unwilling to provide medical evidence of an ALLEGED disability
That alleged Bull
crap it's more than a bit a PISSER I can't say what I think about that it's a felony.
Uncooperative claimant HE'S A HOSPITAL DISCHARGED DYING MAN WHO CAN'T SPEAK HAS MAJOR HEART FAILURE HAD A D.N.R. Label attached to his bed chart as in DO NOT RESUSCITATE I BURNED IT
SNF via then me THEY WOULD NOT EVEN DISCHARGE him to my care they couldn't I understand now BUT WHY IN THE 🚫 DON'T THE SSA understand
WHAT HAPPENED ?
My Brothers disability makes 99.9999 % of all other claimants disabilities look like a skinned kneecap GET EM A BANDAID look I mean seriously GOOD GRIEF HE CAN'T AND COULDN'T SPEAK SINCE THAT MAJOR STROKE he's 64 he's
so cognitively impaired...! Coupled that with non communicating and heart failure incontinence OUR WASHING machine and dryer been busted 18 months now laundering poop poo and PEE PEE out of bedding through the kitchen sink via the garden hose out on the back yard concrete 99.9999 actually seems pretty f reasonably flat frankly accurate
Is it a testing or something WHAT WHY WHERE IS MY EVIDENCE SUBMITTED..?
WTF
Thanks for Sharing
Sincerely
Bradley Bill Parker
@ginsbergssd I went to mental exam for SSI and he told me at the end "in three weeks you will get a call to ask you how you want the money either in debit card etc." Does this mean I won ? I'm confused.
The psychiatrist or psychologist cannot decide your case for you. It goes to the judge. However, the doctor would know whether other cases that he examined had been found favorable with his report. So he is probably feeling good that you will get approved. Ultimately, it is up to the judge.
I received a partial favorable decision by judge that will be reviewed in three years well 2 years now what do I do I mean I'm the team seen the doctor Max edition hasn't gotten any better what do I do to maintain order to keep my benefits
They will request your medical records for the last 3 years, and will determine by that if you're still being treated for your disabilities and that your medical records show that you haven't improved.
I had a stroke and cannot read more than a line. Or two at a time without getting dizzy and. Words blurring together have chronic pain
If those symptoms are medically documented and long standing I can't see that you would be able to work.
When I went to my hearing.The vocational expert,said that I would not be able to hold a job,due to the need for me to take unscheduled breaks and missing days for work,but the judge still found me unfavorable.How is that?
Whoa, so you received a disapproval in three weeks? It's been 5 weeks for me & I'm still waiting BUT vocational expert also declared me unfit for work so I hope I'm approved.
Hey Jonathon
Can you do a video on brain Atrophy
At 25
❤️❤️❤️🥰🥰🥰
I feel I am not important enough to save.
Why would a disability judge ask you this question?
Do you have any issues getting along with supervisors or co- workers?
Many reasons he or she may ask that. All depending on what diagnosis you're claiming disability on. There are some medical conditions that could cause you to not get along with people.
Hi Johnathon I got denied twice I finally gave up 😢😪
Marilyn, why did SSA deny you - did you go to a hearing?