Top 8 Ways to Get Approved for Social Security Disability



hi there this is Jonathan Ginsberg I'm a social security disability attorney and today I'd like to talk to you about my list in the top 8 ways you can improve your chances of getting approved for Social Security disability this is not an exclusive list this is not something that comes from Social Security this is just reflective of my own experience and getting people approved for disability cases over the last 20-something years so here's my top eight list first and foremost is you've got to have medical treatment I deal without any gaps in treatment in this current climate I'm recording this in 2017 disability judges expect to see a comprehensive unbroken medical record you cannot have gaps of eight months a year 18 months two years where you have not gone to the doctor even if you have a condition that is permanent chronic judges expect to see you go to the doctors so a strong consistent medical record without any gaps is really really important number two your medical condition should be based on a firm diagnosis it's very difficult to win disability benefits when your medical condition is sort of as wish you washy a lot of different types of things it's much better to be a firm diagnosis you have spinal stenosis you have chronic venous insufficiency you have pulmonary function disease it's much better to have a label on your condition and to have a number of various conditions that no one really knows what it is that by the way is why conditions like fibromyalgia and CRPS are difficult to win because they're sort of diagnosis of last resorts and judges are much more comfortable awarding benefits on firm diagnosis with our objective tests for those diagnoses for a spinal stenosis they can do an MRI for chronic venous insufficiency and an ultrasound for certain other conditions of conduction studies Orion or mgs or CT scans so anything that subject to and to some sort of objective medical test that's going to help obviously mental health conditions don't fit that bill but there are certain tests that psychologists and psychiatrists can do to make a diagnosis about a particular I'm going to health condition like schizophrenia depression anxiety and so forth so the more specific the diagnosis I think the better number three is always take your medications as prescribed and adhere to what your doctor tells you it's not good when a medical record says that my client is not being compliant with medical treatments or my clients not taking medications the judge will assume that you're not being compliant and that taking medications because you really want that bad off so they expect you judges expect you to be fully compliant with your medical condition and if you're having bad side effects for example with medications let your doctor know don't simply that's not taking medication never tell the doctor about the side effect we need to have a medical record that reflects all that type of thing and it's really important that you do that number four is we need to have your medical information your medical condition translated into work capacity limitations which is the language Social Security speaks that means you need to get your doctor to fill a functional capacity evaluation or to complete a narrative report that addresses your limitations that arise from your medical condition in terms of how it impacts you at a potential job that is a language Social Security speak so if they understand work capacity so you need a doctor who cooperate cooperate with you in that regard if you don't have a doctor will cooperate you need to find another doctor because that's the language Social Security wants to hear number five is before your hearing practice one of the things that I do with my clients is we spend probably I'd say twice as much time three times as much time as the hearings going to take I'll go over questions we'll practice the answers this is the best way to answer this is the most compelling way to do it it could take three or four hours but the important thing is when my client goes in to hearing and the judge asks a question that's not the first time that person my client tried that question you don't want to be the situation where the judge these llamas can you lift and you say well I never thought about that I don't know not very much all right that's not good you need to say I can with seven to ten pounds once or twice during the course of the day and I have to rest for 15 minutes thereafter or if I listen within seven or eight pounds a gallon of milk I'll be in bed for the rest of the day because of pain or I can lift it once but I won't happen time I'll drop it whatever it is you need to have an answer prepared so you can answer incredibly unbelievably about your physical limitations next is I would tell you not to go into your disability hearing alone people sometimes say well do I really need to attorney records really strong here's the problem is the judges are overworked they they go really fast because hearings last about 45 minutes they use a lot of acronyms a OD DL I do t the list goes on f c/e RFC these are all acronyms that sort of a separate language that the disability judges and attorneys speak and you've got 45 minutes in front of that judge you want to waste on a time trying to understand what's going on so one of the advantages of having an attorney is number one we will come up with a working theory of disability for your case that can be the listing good rule functional capacity will develop the strongest argument and here a lot of times I'll have a client with three or four different things or five or six different things I'm going to focus on the ones I think that the most diet will for social security purposes which may be different with my client things so it's really important to have professional guidance as to making the most of that a 45-minute hearing and not to try to educate yourself on the fly when you're actually at the hearing you're going to frustrate the judge frustrated judges gonna probably say no so hearings you want to be really organized a pre-hearing brief is always is almost always very very helpful these are things that an attorney can do for you and the other thing which is really really crucial is that once you request a hearing which again could be in a year or two before you actually double your hearing during that year year and a half you where you're waiting you as the claimant or your attorney has the responsibility of getting up to date medical records if you all can do a hearing and the last medical record is two years before and you say oh yeah I've been to the doctor a bunch of times with those records aren't there you got a problem judge is going to probably deny the claim under some new rules are going to go into effect in March of 2017 the record is going to close at the hearing so you don't have anything missing and one of the things that an attorney is going to do is to make sure that medical record is updated so I would tell you not to get laughing this number six don't go in alone number seven is you want to avoid evenly with the suggestion you are malingering or drug seeking judges hate people who use the medical services to be in a drug addiction whether it's prescription or not so if you go to see a pain doctor for example don't go to see another pain doctor and get pain medications for both those people judges will assume you're selling the medications that will destroy your credibility and it's more likely than not you're going to lose your claim so don't have any evidence of drug seeking behavior and in fact you want to tell your doctor I don't want to be on these narcotic drugs and let's find some other way to treat my pain judges appreciating people who are trying to avoid these stronger kind of drugs that are out there nowadays and last I think number eight would be I think this is really important this is something I emphasize for my clients want you're not doing with the attitude of entitlement we have to prove you're disabled you can't go in and say judge I know I'm disabled – please pay me judges pick up on that they don't like people who feel that they are disabled already you want to go with the idea I'm a fighter I hate the idea of being disabled I don't want to be disabled I'd like to go back to work and I'm using this process only to get to get whatever benefits I can't financial and Medicare so that I can get better and go back to work my goal is not to be a disability the rest of my life my goal is to get back to work judge senses that's what you're all about not that you're and that you're not you don't want to be on disability and take an early retirement for the rest of your life because you're disabled that's going to go a long long way to sort of subconsciously help the judge I'll give you the benefit of the doubt and approve your clients so those are my top eight factors that I think are really important when it comes to trying to win a disability case you may have some other ones I'd be interested to hear that I mean the attorneys watching this if you have any other suggestions please something like that as well we can certainly update this video sometime in the future if you found this video useful please give it a thumbs up on YouTube like it on Facebook subscribe to my youtube channel like my Facebook page if I can answer your questions for you please reach out to me directly this is Jonathan Ginsberg wishing you the best thanks a lot hi this is Jonathan Ginsberg and I hope you found this video helpful if you'd like to know more about how to win your social security disability case I'd like to invite you to download my secrets to getting approved early survival kit that I created just for people like you currently I'm making the survival kit available at no cost and I encourage you to grab your copy now some of the topics I cover include how do I know if I have a case it's at the right time for me to file my claim nine common mistakes that can doom your case the three must have arguments you use to win your case and a topic that every disability claimant wants to know how to avoid trick questions on the judge if you are a loved one need to win social state disability benefits you'll find the survival kit essential reading download your survival kit right now and at no cost just visit SSD answers.com backslash survival and sign up into that easy please act now and as always I wish you the best

45 thoughts on “Top 8 Ways to Get Approved for Social Security Disability

  • I really want the SSI-and Social Security disability programs to be totally abolished as they are hate crimes as there are no disabled people and they are the worst government spending that ever existed!!!! Those who are homeless and have no income should put in the US armed forces!!!

  • Wen I was 13 glass cut my arm an cut my nerves I haven’t had much feeling in my right hand since , my fingers have been numb every since , now that I’m 31 my hand is so damaged it’s hard for me to lift an open up a jar , I’ve never thought I was disabled I always felt normal , but as I’m getting other my hand is getting weaker …. do yu think I have a case ?

  • Hi Mr. Ginsberg, thanks for the videos I find them very informative. I wish you had a practice in Southern California because I’m seeking legal assistance in my appeal. Can you recommend anyone in my area? (Santa Claire Rita California).
    Thanks and keep up the good work. [email protected]

  • I've had 3 back surgeries and have spinal cord stenosis and nerve damage in my left leg and Ms why is social security sending me to a psychiatrist cuz I take depression medicine

  • Hi Jon, my name is Jamie Im 30 years old.
    Ive decided I need to be on disability due to having high functioning autism, bipolar as well as some physical limitations. I dont feel I have a strong arguement becuase I cant even process how having high functioning autism effects me. I just know I loose jobs easily. I cant form relationships im extremely quirky and unlikeable and when I do have a job I am in the bathroom HOURLY crying. I do NOT have any family member AT ALL that can help me in a rough spot and forget spiders Im so afraid of becoming homeless or killing myself eventually.
    Besides having autism anxiety and being bipolat I have 4 other moderate physical limitations. Im so insecure in such a vulnerable time in my life and this is why Im writing this message. Will you please be my attorney. Ive been told you are the best. I need to do this right becuase Im so afraid

  • My husband has COPD. He was hospitalized twice in April 2019. His question is….should he apply for SSDI then apply for SS while waiting for the decision for disability or just forget about disability insurance & just get social security benefits now? He is 64.

  • I have severe nerve damage from my back , gout, and i have a anurisam in my heart and facing my 2nd heart surgery. And have many more problems. I cant stand long and i fall a lot because of my back. My hearing is in 6 days. What do you think my chances are.?

  • rapes, being followed by ssi disability why please help,I got denied by ssi alj judge I do most time have to use a Walker

  • I was denied 2 in paper.. I had health advocates.. I had a hearing and was deemed unfavorable.. I have years of documenting my medical issues.. Years… Was denied, why?? Because the whole documents were filled with embellished lies.. Kaiser.. My local Kaiser sucks so bad… I'm at a loss… I want to keep appealing.. I passed everything you mentioned.. 💔

  • I think its ridiculous that you have money withheld every paycheck to pay into this fund, years after year, but have to jump backwards through flaming hoops to be able to collect any of it.

  • this is so sad.. we need better health care for me as a sick person this is a horrible burden on someone who already cant handle a lot.. I cant think straight or anything but the lawyer will take money its such a sad situation..

  • I have PTSD, Major depressive disorder, lumbar spondylosis, neuropathy, degenerative disk disease. Just got a CDR letter. My mental health doc at the VA wrote a letter saying my mental conditions are severe and keep me from work. Will that be enough?

  • I lost at the 4th level appeal with alj I did not attend the hearing. I was told reapply but I gave up this was 5 years ago and have not worked since. I had a motorcycle accident and have chronic migraines 6 a day and I am in pain mgmt and have been for the last 7 years. I need your help I'm giving up on life

  • The crazy reality now is, the fastest way to get disability is to claim you hear voices in your head. I knew a lady that lost her leg in a car accident and it took her a year to get disability.

  • Hi I tried for 6 years with an attorney went to 3 hearings I was denied buy all three I'm very frustrated with the whole situation and don't know what else to do January 2019 I took it upon myself to apply directly with Social Security and tonight after reading my mail I was told I was denied again I suffer from PTSD I'm SMI I have severe depression and very high anxiety I have a very difficult time keeping a job the pattern is that I will keep a job for 3 months or less and then they let me go most of the time I'm not giving any reason why or then I'm forced to resign at this point I don't know where to go with all of this I have tried over and over again and all I want is help and it just doesn't seem to be working for me please understand I'm a single woman 57 years old I live alone I have a lot of fears I do a lot of isolation I go to therapy I do everything that I'm supposed to be doing taking my medications and I'm still deny the hardest part about all of this is that I don't have family or friends to live with while waiting for disability to say yes or no I'm On My Own by myself so is there anything that you can do to help me I'm tired of being rejected and denied

  • I have reynauds syndrome and my fingers go black. I have had a 5th lumbar laminectomy and can often not even get up…WHAT DO I DO…I DONT SEE DOCTORS BECAUSE OF MY INCOME BARRIERS >>>> HELP

  • My question is what if you meet a listing but that listing could/would/or almost requires a criminal record. When it comes to some of the mental health disorders. The only why to truly win could cause you to have a class 1 felony. Yet you have been able to fly under the radar to this point.

  • This advice is for a married or partnered person who can sit home disabled while supported by workinh spouse..ANY ADVICE FOR SIMGLE PEOPLE?

  • You say go to all dr appts for treatment and drugs..but this is required for a person not working obviously..where does that money come from?

  • I have had 5 back surgeries including 2 fusions. My doctor/surgeon is VERY arrogant. He said he would never say that any patient of his is not able to work. Seems like I will have to doctor shop to find one.

  • Hi Mr. Ginsberg – My husband is 62 years retired for 6 months at age 62 due to mistakes on the job, then went back to work at age 62. He was fired after 2 months due to the same issue. He is now being treated for Dementia. His pcp sent him to a psychiatrist and psychologist. Is Dementia a condition that could qualify him for benefits quicker?

  • I need you now for my son …teachers have cohursed my son over and over even teachers he doesnt know were telling him he wasnt gonna prosper nor graduate he has been in special classes without any help with an active IEP..

  • The most clear and honest sounding advice from a disability lawyer I've ever heard. Thank you for the good helpful information and details.

  • Good day . I am hoping for help with a situation I have been trying to resolve . In 2002 I was in the Truro Hospital for a hernia . Shortly after , while heavely sedated , was evacuated from the Hospital due to a bacteria outbreak . A year after I was injured again on the job , and needed another hernia repair . Lab results show a forieng bacteria in my bawl . I was advised to return to Nova Scotia , as my coverage was from that provence . Since , I have had 6 Doctors , now telling me I have chrones . Please , can you help me ? [email protected]

  • hello sir, can I ask you few questions, I have a spinal cord injury 2 years back and now i am having a lot of problems in work and want to claim SSN , i lived in usa for 5.5 years and now i live in india. let me know my options. thanks

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