Social Security Disability Law Podcast

Latest Episodes:

How to Attack Vocational Witness Testimony to Appeal an Unfavorable Hearing Decision Mar 04, 2024

Show notes

This is part two of a three part interview I conducted with attorney Bryan Konoski. Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court.
In this part of our conversation, Bryan and I speak about vocational witness testimony. As you may know, Social Security judges almost always call a vocational expert to testify at disability hearings. The vocational witness will classify your past work based on exertional level (sedentary, light, medium, heavy or very heavy) and based on the required skill level (unskilled, semi-skilled or skilled) for that job.
The judge will then pose a series of "hypothetical questions" to the vocational expert to determine if a hypothetical person could return to your past work or to any other work given specific work limitations arising from your medical issues.
In our discussion, Bryan explains how he has been able to win appeals based on sloppy vocational expert testimony, or by arguing that the judge made an error of analysis by not including all of a claimant's limitations in the questions posed to the vocational expert.
Incredibly, Social Security still relies on a directory of jobs that was last updated 40 years ago! So there is often a disconnect between the requirements of a job in 2024 and what that job required in 1984.
Hearing attorneys like me often bring on attorneys like Bryan as co-counsel to review unfavorable decisions and to draft appellate briefs. If you are a disability attorney who would like to tap into Bryan's years of experience, you should reach out to him.
If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
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How to Successfully Appeal Your Unfavorable Hearing Decision Dec 03, 2023

Show notes

This is part one of a three part interview I conducted with attorney Bryan Konoski. Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work.
The appellate work that Bryan does is very different than disability application and administrative law judge hearing work. With very rare exception Bryan is not presenting new evidence of disability to a judge. Instead, he is identifying errors of analysis made by hearing judges who have denied a claim.
Because hearing judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.
In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work.
Many disability attorneys or non-attorney reps do not routinely handle Appeals Council and Federal Court work and Bryan has positioned himself as an excellent resource for the Social Security disability claimant's bar. Like hearing attorneys, however, Bryan's firm handles cases under a "no fee unless you win" contingency fee contract there is no downside to having an appellate attorney review your case file.
In this part of our discussion Bryan and I identify some of the most common errors made by hearing judges that can result in a remand (a new hearing). And statistically a high percentage of remanded cases are approved in a second hearing.
If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Are You at Risk of a Fraud Investigation from Social Security for Your Disability Claim Oct 08, 2023

Show notes

What type of conduct does Social Security consider to be fraudulent? Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim?
Or does SSA define fraud as conduct that goes far beyond overstating your symptoms?
In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a clear distinction between statements you might make in writing or verbally that won't result in a claim approval and statements that might prompt a visit from a fraud investigator.
Some Members of Congress believe that the Social Security disability system is riddled with fraud. In my experience this is not the case but I found Greg's perspective informative and practical and I think you will as well.
Since retiring from SSA, Greg has started his own consulting business called the Disability Yoda, which you can learn about on YouTube or on Greg's website. Greg is a great resource for the disability community and I'm happy to introduce him to you.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Former Social Security Adjudicator Greg Brinkley Explains the Adjudication Process Sep 01, 2023

Show notes

How do Social Security claims examiners (adjudicators) analyze disability claims and what do they do on a day to day basis?
In this episode I speak to Greg Brinkley a former Social Security employee. In his 27 year career with the agency, Greg served many roles, including that of a claims specialist (adjudicator), technical expert, fraud examiner and team leader.
Because of his experience Greg was the person that other Social Security personnel relied upon to solve problems, create work flows and handle the most challenging situations.
Since retiring from Social Security, Greg has established his own consulting business helping disability claimants understand and navigate the disability claims process. His website is at https://www.gregbrinkley.org/. Greg also publishes videos on YouTube as TheDisabilityYoda where he offers very insightful and opinionated takes about Social Security disability.
This is Part One of my interview with Greg. Next month we'll be talking about fraud examinations - what triggers them and who is at risk.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Vocational Witnesses Demystified: My Interview with a Practicing Vocational Expert: Aug 01, 2023

Show notes

Social Security disability judges call on vocational witnesses to testify at the vast majority of disability hearings. Although you have never met this witness, he/she plays an important role in your hearing.
Disability judges pose "hypothetical questions" to the vocational expert in your case and the answers to these questions will determine whether you win or lose.
My guest in this episode is vocational expert Stuart Gilkison. Stuart works as a contractor for Social Security and appears by phone at hearings before numerous judges in several states.
In our conversation we discuss how SSA qualifies vocational experts, the resources Stuart uses to identify jobs that a hypothetical person (i.e., you) might be able to perform and some of the problems with outdated resources.
I also asked Stuart about what he has learned from attending hundreds of hearings held by dozens of judges. What mistakes to claimants or their attorneys make and what claimants and their attorneys do well to improve their chances of winning.
If you are pursuing Social Security disability benefits you will almost certainly hear from a vocational expert at your hearing. Now is your opportunity to hear from a working vocational expert in a podcast setting.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Comparing Experiences: What It Takes to Win Jul 01, 2023

Show notes

After trying thousands of cases over the past thirty years, I have a fairly good idea what types of cases are likely to be approved. There are certain fact patterns and claimant profiles that I know will resonate with Social Security judges.
I regularly speak with colleagues throughout the country to discuss their experiences. These discussions help me educate myself and learn how to be a more effective advocate for my clients.
My friend and colleague, attorney Stephanie Joy, facilities discussions like these in a closed LinkedIn Group called the SSD Zoom Roundtable. Every month, attorneys and representatives from all over the country gather in a Zoom video room to compare notes and discuss issues that any or all of us have faced.
I invited Stephanie back to the podcast to discuss our experiences preparing for and trying cases involving the most common medical impairments we see. I was not surprised to discover that what works for me also works for her.
If you make the difficult decision to file for disability, you need to educate yourself about the reality of the SSD process. In this episode, Stephanie and I discuss what works and what doesn't. I am pleased to share our experiences with you.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Best Practices for Filling Out Social Security Disability Forms Jun 11, 2023

Show notes

During the course of your Social Security disability case, SSA will send you dozens of forms. These forms include documents with titles like "Function Report-Adult,"
"Disability Report -Adult," "Work History Report," "Activities of Daily Living Report," "Pain Questionnaire."
Most of these forms are accompanied by a page or two of instructions that tell you nothing about what SSA really wants to know.
In today's episode I discuss these forms with my long time friend and colleague attorney Stephanie Joy of Joy Disability.
I met Stephanie through the Zoom Roundtable group she hosts on LinkedIn for Social Security disability attorneys and representatives.
In our discussion, Stephanie and I discuss the common mistakes disability applicants make when filling out forms and how your lawyer can assist you in better understanding what SSA really wants.
As a bonus for my podcast listeners, here is a link to a screen capture video I recorded about how I approach one of the most common forms you will see - Form SSA-3368, the Adult Disability Report. This recording is part of a library of forms I make available to my clients.
If you want more specifics, I have written a book called the Disability Answer Guide which provides examples of completed forms with suggested language.
SSA requires you to fill out dozens of forms as you pursue disability benefits and I hope that this episode will help you better understand what SSA wants.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

What Documents do You Need to Win Your Disability Case? May 01, 2023

Show notes

Social Security disability judges rely primarily on evidence to decide whether you qualify for disability benefits. Within the last few years, SSA changed its procedure to remove "claimant credibility" as a factor that judges can use.
In other words, you may appear before a judge who finds you completely believable and honest, but you will still lose if the evidence in your case file does not clearly document a disability. If a judge was to approve you based primarly on your testimony and the judge's "gut feel" about you, then that approval would almost certainly be held by by the Appeals Council before you even saw it.
Judges are oblgated to follow SSA's regulations about how to analyze cases. If that evidence is not there you will not win.
In this episode I talk specifically about the evidence that needs to be in a winning disability case file. I speak about the importance of current and on-going medical records, medical source statements about your work capacity and the clinical and lab tests that judges find most compelling.
I also speak about less common but valuable evidence you can use, including school records, statements from third parties, and photograhs.
Finally I speak about a very important factor in your disability case - your age. You can't change your age but you do need to know how and why your age can impact your odds of winning.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

What Evidence Do You Need to Win Your Social Security Disability Case? Apr 06, 2023

Show notes

What can you do as an applicant for Social Security disability benefits to improve your chances at an approval?
This is the third an final installment of my conversation for former Social Security staff attorney Spencer Bishins. Spencer recently released a book entitled Social Security Disability Revealed: Why It's So Hard to Access Benefits and What You can do About it.
Spencer writes about a topic that he understands from first hand experience. For over ten years he worked side by side with numerous Social Security disability judges and he understands what types of cases are likely to be approved and what evidence judges need to see in order to be convinced.
In this installment, Spencer and I continue our discussion about evidence. We talk about mental health cases and why they are so hard to win.
We also talk about disability attorneys and how your representative can make the judge's life easier and thus improve your chances at a fully favorable decision.
We talk about disability applications and the types of cases that are likely to be approved early.
Finally we talk about the built in unfairness of the disability process and how you can avoid becoming a victim of a bloated and faceless bureaucracy.
Spencer has been very generous with his time and I hope you gained as much insight as I have with our conversation. Find his book at Bishinspublishing.com.
If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Who Gets Hired to Serve as a Social Security Disability Judge and What Evidence do They Need to Approve Your Case? Mar 01, 2023

Show notes

What evidence to Social Security judges find most compelling and convincing?
In part two of my interview with former Social Security staff attorney Spencer Bishens, we talk about how a disability judge's background can influence how that judge evaluates a case.
Spencer Bishins is a former Social Security Administration staff attorney, serving as a decision writer and attorney advisor to several disability judges for over ten years. He recently released a book entitled Social Security Disability Revealed: Why it's so hard to access benefits and what you can do about it. You can find Spencer's book at his website: Bishinspublishing.com.
Spencer notes that some judges recognize that many disability claimants don't have access to quality medical care, and that years of working physically demanding jobs can take their toll, while others judges don't get this at all.
He recounts his experience with a low paying judge whose approval rates more than doubled after the judge himself experienced medical issues himself.
Spencer also reiterates the importance of presenting yourself as a reluctant claimant who hates the idea of having to pursue disability benefits. You should never give the impression that you have given up and decided that you are disabled - judges pick up on this "attitude of entitlement" and will look for ways to deny such cases.
Finally, Spencer argues that even judges with the lowest approval rates will approve cases if the medical evidence is compelling and he offers suggestions as to what type of medical evidence gives you the strongest odds of winning.
=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd