🔍
7 Secrets to Winning Social Security Disability Benefits - YouTube
Channel: Social Security Disability videos
[10]
♪ [music] ♪ Hi there, this is Jonathan
Ginsburg I'm a social security disability
[13]
attorney and today I'd like to talk to you
about what I consider to be the top seven
[17]
ways that you can improve your chances of
getting approved for social security disability,
[22]
and basically these are the things that if
I had a close friend or relative, I would
[27]
tell that person, at the time that person
applied or even before they applied, and I
[33]
want to let you know that as well so that
you can improve your chances.
[36]
It's a very challenging environment right
now, approval rates are down nationally in
[40]
almost every local hearing office and so you
want to give yourself every edge you possibly
[44]
can, so here are my seven top tips.
[48]
Number one is, and this is really important,
probably the most important, is confirm that
[53]
you have support from your doctor.
[56]
And what I mean by that is you want to ask
your doctor will he fill out a form, does
[61]
he or she support your contention that you're
not able to work?
[65]
Will the doctor go on record to talk about
work activity limitations, things like sitting,
[71]
and standing, and lifting, and focusing, and
concentrating, and reliability factors, getting
[76]
through the day without excessive interruptions,
you're not missing too many days from work.
[80]
And these reliability factors are really key
and if your doctor will go on record to help
[86]
you, you stand a much, much better chance
at getting approved.
[89]
So getting the support from your doctor is
a big number one.
[94]
Number two is, eliminate those red flags that
will hurt almost every single case.
[99]
By red flags, I mean things like any type
of suggestion or evidence of drug-seeking
[106]
behavior, use of alcohol as a sort of a substitute
for medications, using somebody else's medications,
[115]
gaps in your medical treatment and, again,
you want to show an on-going treatment record,
[121]
but if you have a six or eight month gap,
that's a problem, that's something you can
[124]
do something about.
[125]
I think part-time work is another red flag,
and it shouldn't be, but it is.
[130]
If you're working part-time that's going to
make it more difficult to get approved for
[134]
disability.
[135]
So those red flags you want to try to get
rid of those things, and even if it means
[138]
you got to spend a few more months trying
to work or working on getting your medical
[145]
record more complete, then that's what you
need to focus on.
[147]
You may need to have to be prepared to sacrifice
some of the past due benefits to get past
[153]
that period where you have those red flags
there, so get rid of the red flags.
[158]
Number three is, to really understand the
big picture of what you're trying to prove
[163]
to social security.
[164]
And as I've discussed in previous videos,
the big picture in a disability case is whether
[170]
or not your medical issue creates an impairment
as to your capacity for work.
[175]
This is not about medical issues, this is
about how those medical issues impact your
[180]
capacity to work, you need to keep that work
focus in mind, or that work impairment focus
[186]
in mind, and that's true.
[187]
Whenever you're filling out any form for Social
Security, when you're talking to a social
[191]
security doctor, when you're talking to social
security and certainly when you're talking
[195]
to a judge, you want to really focus on work
capacity and not get hung up on your medical
[200]
treatment or what the doctor says is wrong
with you, what impact...what can you tell
[205]
us about how your medical issue impacts your
capacity for work.
[210]
I think you need to, as a number four, talk
in specifics.
[215]
You'll want to stay away from things like,
"Not very far.
[218]
Not very long."
[220]
You want to give specific information about
your capacity.
[223]
"I can lift seven pounds.
[225]
I can walk 100 yards.
[228]
I can sit for 15 minutes, then I need to take
a seven minute break.
[232]
I will need to walk around away from the work
site, and I can get come back and sit 15 minutes,
[237]
but I can sit for no more than 90 minutes
during the course of the day."
[241]
That's how specific you need to be, so eliminate
from your vocabulary, "Not very much, not
[247]
very long, not very far."
[249]
Those terms don't mean anything, and if you
use them in front of the judge, the judge
[252]
is not going to want to use it in any way
to ask questions of the vocational witness.
[257]
So stay away from the generalities.
[261]
Understand and study to a certain degree,
the three arguments that you would need to
[266]
prove disability, those arguments are, do
I meet a listing?
[271]
Number two is, do I meet a grid rule?
[272]
Number three, is my functional capacity, has
it been so eroded by my medical issues I would
[278]
not be a reliable employee?
[281]
Those are the three theories of disability
arguments for disability.
[284]
You need to know them, understand what they
are, that's something you'll discuss with
[288]
your lawyer, and know which ones apply in
your case.
[291]
Your case may not be a listing level case.
[293]
You may not be qualified for the grid rules.
[296]
You need to know that ahead of time so that
when you present your argument, you and your
[300]
attorney, you know what you're trying to argue
and the theory of disability you're working
[304]
at.
[305]
I know it sounds a little bit up in the air
and very kind of airy in terms of theory and
[310]
all that stuff but you need to understand
what these different theories are, so you
[315]
can properly present them when you go in front
of the judge.
[320]
Number six, if you're denied, you need to
not give up, you need to appeal.
[324]
You have 60 days to appeal from the date you
receive your denial notice, and note I said
[329]
receive the denial notice, not the date on
the denial notice.
[332]
It's presumed you have about five days that
it's going to take to get you there.
[336]
However, there have been times when denial
notices are mailed a week or two after the
[341]
date on the actual denial, so take a close
look at the date on the denial save the envelopes
[348]
and make sure you get that appeal in early.
[349]
There's no harm in getting the appeal in early,
and I would tell you that if at all possible
[354]
get your appeal in sooner rather than later.
[356]
Don't wait until day 59 or 58 because, again,
if it was mailed late you may miss the deadline
[363]
and not even know it, so get that appeal in
early.
[365]
And if you do notice that you received the
denial more than 60 days after the date on
[371]
the actual notice, you need to talk to an
attorney about that.
[374]
I've had that happen a couple times and sometimes
we can get it fixed, sometimes we can't, but
[379]
don't assume that just because you got the
denial notice at a certain date that that's
[383]
when the 60 days started, probably does but
it may not.
[386]
So that's something to pay attention to and,
again, make sure you appeal within 60 days.
[392]
And the final number...tip number seven would
be, present yourself to Social Security as
[397]
a fighter, not somebody who has decided "Hey,
I'm disabled.
[401]
Pay me."
[402]
You don't want to be here, this is a last
resort.
[404]
You're only here because you have to be.
[406]
You don't like the idea of being "disabled,"
and if you could get better you'd go back
[411]
to work in a heartbeat.
[412]
It's rewarding to you, it's financially rewarding
to you, it's emotionally rewarding, and you
[417]
want to really explain to Social Security
that you're only here because you have to
[421]
be here.
[422]
And that attitude, you're not having an attitude
of entitlement, but having an attitude that
[426]
you want to be a worker, goes a long way,
because judges really can see through when
[431]
people have this attitude of entitlement and
make it more likely your case is going to
[436]
get denied.
[437]
So you want to show that you're trying to
work, and that may take the form of unsuccessful
[441]
work attempts or efforts to try to go back
to school or do something and, again, you
[446]
need to talk to your attorney about how long
you can and should do that type of thing,
[450]
and the difference between unsuccessful work
attempt and part-time work, or a successful
[454]
work attempt.
[455]
These all have very specific terms, but big
picture, you want to present yourself as a
[459]
fighter.
[460]
So those are my seven tips for improving your
shot and winning disability benefits, if you
[466]
like this please give it a thumbs up on YouTube
or like on Facebook and subscribe to our YouTube
[471]
channel as well as our Facebook page.
[473]
If I can answer any questions for you, please
reach out to me.
[476]
Thank you very much.
[477]
♪ [music] ♪
Most Recent Videos:
You can go back to the homepage right here: Homepage