What Should You Expect from Your Disability Attorney

[@freckleface1981]

This is awesome advice, as someone who was initially dropped by my lawyer for the dumbest reason. I filed in September 2016 and finally got my denial by April 2017. I went with a lawyer's office that's kind of well known. I always went to my appointments, kept in contact when my phone number changed, or I had moved, I wasn't a pest. I finally got my hearing date set for November 2018, and I got a letter from my lawyer stating they were dropping me in September 2018. WOW, I was shocked so I called and asked why, and the legal assistant told me that I had made 'too much money in 2017'. There was nothing I could do, so I looked at my tax return to see that I had only made a little over $5K for the entire year. It didn't make sense to me, but I digress. Luckily I found a new lawyer, we went to court in November, just got my Fully Favorable decision a few weeks ago. I wouldn't bad mouth them, but I wouldn't say anything good about them either because their reason for dropping me didn't make sense. Thank goodness for my new lawyer, and of course to Mr. Ginsberg because his advice in these videos is priceless!!

[@ssdattorney]

I'm glad you didn't panic and you got a lawyer who believed in you and your case. Congrats!

[@cfoster6804]

Lol the first lawyer definitely lost out on a payday. Sounds like they panicked. Congratulations to you!

[@williamcarlisle5772]

Thank you so very much Again thank you very much

[@williamcarlisle5772]

Thank you very much

[@jennytrost]

Thank you for good sound judgment and information. I am currently a little confused with what my Attorney is or is not doing This segment helped clarify a few issues. I have recently read some reviews that scared me about whom I have already chosen.

[@robertslagle2208]

Had my hearing today, I had been denied 6 times in 15 months. I took your advise from several of your video's and won my case today. THANK YOU !!

[@AuntieKnowsKitchen]

Mya is great! She listens and explains things really well! Thank you for your videos

[@ssdattorney]

THanks. I'll tell her.

[@imxploring]

Straight and honest information! Thanks for telling it like it is!

[@ssdattorney]

Thanks for your nice words.

[@jasoncentore1830]

I just did initial application yesterday. Dx: Parkinson's, Spinal stenosis entire spine, dejen disc disease, multiple herniations, lumbar claudication, anxiety... I have watched tons of your videos, I used ur advice. I applied in person with all meds records & FCE, they didn't take it, so I'm going to mail it to the adjuster. I just can't trust the government is going to land all these records and I want them to see that FCE. Being a former LTD adjuster and workers compensation adjuster helped me understand what they need to make there life easier, I always would approve the case that was in order, slim time frame, I needed to approve claims, much faster than denials.

[@ssdattorney]

Jason, you are ahead of the game. The more documentation you can get to the adjudicator that addresses your functional limitations the better your chances of an early approval. Whatever you send to the adjudicator do so by certified mail, return receipt requested.

[@JohnMutch]

Outstanding information! I so enjoy learning from your videos and gain so much confidence in my own case. Please keep posting!

[@ssdattorney]

Thanks, John. I plan to keep posting.

[@newbeginningscommunityco-o5609]

I want to thank you for taking out time to answer questions and give us information. You answer a question for me and I wanted you to know I receive a Fully Favorable for my case, I believe also having a lawyer help me get this decision.

[@Godisgreat-b4e]

patricia dejohn Congratulations

[@2SurvivalHomesteadTeachingFarm]

Congrats on your approval. November will be 5 years that I've been applying. I think my education holds me back from being approved. But I am still hopeful I will get a favorable outcome. I am so happy for you. Take care.

[@olajones5601]

Thank you for sharing for important information. I do have a portable now with my Attorney. So I feel we would have a better communication with one another now 😂

[@GfrmdaBrnx]

What preparations does an attorney do while waiting for a case hearing date?

[@dogsareme100]

also what about working under the table sometimes. Not like as a job everyday or every week, but you do have to live, so what about working under the table say a couple of days a month or helping a neighbor move ( may take a few days) not working under the table regularly or anything like that.

[@cfoster6804]

Someone could see you and report you.

[@blakewoodcrest4403]

If you’re hustling under the table, you should keep that under the table. Loose lips sink ships!

[@rickyharvey7614]

We want videos on how you can work on diabilty !!! Disability is poverty we should be able to make at least 2.000 a month instead of 1.180 !!!! There's no one i know can live off just ssdi !!!!

[@ssdattorney]

Here is one I did in 2017: kzbin.info/www/bejne/nXvQq2uOo6dmqZI

[@philipjones5364]

Home found your video helpful. I would like to know how do you prepare your client to go before a judge who is prone to panic attacks.

[@LourveyB]

my hearing is on Friday the 15th of February and I have yet to speak to my lawyer in 6 weeks

[@Godisgreat-b4e]

Lourvey Bourdan Damn Good Luck! Keep calling to you get in touch with him

[@LourveyB]

@@Godisgreat-b4e Thank You. My hearing went well and I believe I was approved! (My lawyer told me the judge agreed it was an open and shut case and that work would make matters worse)

[@EH_888]

Hello. How long did it take for you to be approved in total?

[@kmonroe2429]

@@EH_888 i need a good lawyer

[@wesleywilliamson3017]

Great information in your videos does the laws in Georgia on social security disability apply to laws in Alabama?

[@ssdattorney]

Yes, SSD is a national program.

[@red_monkey_butt]

great video

[@jtlbz]

Another great video would you please make a video on adult child disability benefits also known as DAC benefits thanks.

[@ssdattorney]

I will add to the list.

[@jtlbz]

@@ssdattorney thanks.

[@ResinManiacs]

Mr. Ginsberg. First thank you for all your effort and help. In this video you mentioned a lawyer may not be well prepared for a case. What would you consider not well prepared? Reason for asking is that I have my hearing in April. I had to lower back surgeries, develop a dvt and had a lung embolism. Also suffer from depression and anxiety after my injury plus a nerve study showed I have nerve damage in my foot and leg. I see a therapist for my depression and anxiety ones a week for over two years now. Also had 3 epidural shots after surgery and be going to pain management for almost 2 years. My attorney met with me two weeks ago and said I have a week case and will probably lose. I kept him updated on all my medication list and changes all this time I always let him know what doctors I am seeing and when. Come to find out he did not request any statements from my treating doctors and he also does not think that my medication I have prescribed would make a big difference in my case. I am taking morphine, hydrocodone, Belbuca, xeralto, cymbalta. After watching many of your videos about what makes a strong case and after finding my evidence and facts are pretty much spot on with what you saying, start to worry that my attorney is not on top of his game.

[@ssdattorney]

I think at a minimum your lawyer should make sure that all records are submitted along with an updated medications list. Your lawyer should have a working theory of disability for your case. Understand that if your lawyer asks your doctor for a functional capacity evaluation and it comes back showing mild, non-disabling limitations that form has to be submitted to SSA so you sholud only request an FCE form if you feel it can help you. If your lawyer thinks you have a weak case, would he/she be open to withdrawing and waiving fees so that you can find a lawyer who maybe has a different view of things?

[@timcobb9391]

Recently received a letter from ssa saying they cutting off my ssi because didn't apply for all benefits available since I'm no lawyer or social worker didn't know would be other benefits available

[@glenn-fr7hj]

Thanks for posting these videos , i find them very helpful. I was scheduled for a video hearing, while i was sitting in the waiting room they hearing woman came and told us that the hearing was cancelled as they were having technical difficulties . I asked my lawyer how long till they rescheduled and she wasn't sure , that she would call me . I was just wondering if you had an opinion on how long it would take to schedule a new video hearing, and if there is anything i can do to help it go faster. I live in MA- it's the boston office.

[@ssdattorney]

I had a couple of hearing canceled because the judge was transferred. Our new hearings were scheduled for 2 1/2 months later.

[@glenn-fr7hj]

I talked to hearing office today, i have to call back in 2 weeks, they will put me on the June schedule . 4 months after their screwup , i literally can't afford my bills. I called my congressman to try and get him involved, probably won't help. I asked the judge's clerk , what happened if they have tech difficulties next time, she said well that would be bad luck . I honestly can't believe they think that it's ok to treat people like this .

[@brissasworld7083]

Jonathan- I had my hearing on 5/21/19 and check status online and it states: “ A medical decision has been made and we are working to process your decision”. Can my attorney check the decision outcome in the system?

[@ssdattorney]

Not with that status but the decision will be out shortly.

[@quigonjin6030]

I believe NJ has the same fee contingency rules. Doesn’t this create disincentive to win a case on initial application without an appeal? I recently hired an attorney, I have MS with 2 extremities impaired and significant fatigue, which I think satisfies a grid rule.

[@alleyoop9698]

I applied in 2011. It went to hearing stage but by that time, I had been homeless for awhile and actually found a job and worked until 2017. I re-applied in Dec. 2018 on the same issues and had a medical evaluation on yesterday. My main issue is Chronic pain syndrome, osteoarthritis and Avascular necrosis in both hips and more. My question is, Do they consider the medical records that were initially considered my first round? Or do they only consider newer records?

[@sarahbell5931]

Is it normal to only speak to your actual lawyer 1 time in two years, just 3 days before your hearing date? I feel like I’m learning the hard way how this works, when I trusted my lawyer would have a basic plan. I found out 3 days before my hearing that I would likely be denied. I was. My case is pretty solid, had a plan been proposed, with the understanding of how SS works…

[@jessicamaps3005]

Do you take out of state cases?

[@ssdattorney]

Yes.

[@The_Great_Depression]

I just had my hearing this morning and my lawyer was totally unprepared. She had not indicated this to me before the hearing, but she had almost none of my medical records. She briefed me before the hearing NOT to use any medical terminology because the judge would have my medical records (but she hadn’t submitted them), so I only explained symptoms. The judge gave her 15 days to submit my records. I don’t feel like the judge was convinced of my symptoms preventing me from doing light work. What are my options if my attorney continues to be unprepared ? Is it too late to state my case/medical conditions and history because the hearing has already been completed?

[@pauldamore92]

Do you give free consultations??,

[@michaelwildman971]

Jonathan, do you take cases in Illinois? I first applied for SSDI over 1 year ago using the company Allsup that was no help to me. Two application denials and an unfavorable hearing decision.. Anyway, I reapplied for SSDI in March. This time I am looking for an attorney to represent me. In regards to the question, what can I expect from and SSDI attorney? Can I ask an attorney what tests I should have done and what specialist I need to see in order to strengthen my case? Can I ask an attorney what specific outcome I should seek or expect from the tests & or the specialist that that would be most effective in strengthening my case? Also, even though another hearing is quite a ways down the road, thinking ahead, I'm wondering, can I ask an attorney to help me word my testimony to make it most effective for a hearing? I'm interested in anything else you'd like to add in regards to what I could expect from and SSDI attorney through the 2 application steps and or hearing. Please and thank you. Mike

[@dogsareme100]

What about cases where people WILL pay up front? Particularly if you are talking to them early ( therefore, they still have money saved up to pay OR They are late and there is not past due benefits, but if they pay you up front especially if they are for some reason are paid by the hour.

[@ssdattorney]

Even if you can pay up front the lawyer still needs to get an authorization to collect a fee from SSA prior to disbursing from his trust account.

[@juliethmartinez1640]

Would medical marijuana nys Card effect my SSD ssi

[@ssdattorney]

Generally speaking, no, but I would speak to an SSD lawyer in your area.

[@TheLuftwolf]

Mr. Ginsberg, I have a question regarding changing attorneys after the process has been denied throughout. My law firm stated that I only go if we win, and my case now has gone to the appeals board which according to you has a 2% success rate. My question is when is it time to start over rather than wait two years for a 2% success rate, or if I choose to change attorneys will I be charged rather than let them play this out perhaps two years from now? If I pull the plug and cheese to go with another attorney will they charge me because they didn't have the final say, or how does that work? Thanks for your advice always appreciated. Bob/Okc

[@tymeshawhelps4165]

After being approved how long does it take to get a award letter?

[@ssdattorney]

Usually 2 to 3 weeks.

[@leslietench4294]

What if you only speak to a "disability specialist" when you call in for status reports? They say they will call you but they never do. My case was denied despite it being a compassion application and is listed in disabilities POM. I am appealing and have asked several times about grid rules. They know nothing about them. Employer not able to accommodate me. I have tried in past to find other employment to no avail. I cannot work, yet Disability said that was the reason for deny. They think I can work. My doctors say no and have written letters in support of not working. What do I do? It was August 6, 2018 since my last day. Do I get a direct lawyer instead? Please advise. Leslie

[@noram768]

Is it typical that one doesn’t communicate with the lawyer until the trial date? I have her to speak to my lawyer. Could it mean that they aren’t taking extra time because of my case not being as solid?

[@shawnhana448]

I have a question, Mr. Ginsberg, my case is up for review for the first time I sent my paperwork in back in October and my review is up in April!! Will I continue getting benefits if I don't hear from SS or should I call or what would you suggest? Thank YOu for your time love your videos!!

[@ssdattorney]

Until SSA writes you to say that they are moving to terminate your benefits you will continue to get them. If you do get a notice of cessation of benefits you can request that benefits continue while you appeal (but you need to file that request within 10 (ten) days from the date you receive the cessation notice. Then you need to file an appeal (request for reconsideration).

[@pattyroach8654]

Do you take cases from Anaheim, California?

[@fancynancy2134]

If I use to live in one state and moved to another, didn't change my ID cuz hubby is in the service. I have enough work credit and health issues. Doc said I'm disabled. Would it matter from what state to file? Do I need more documents from my doctor to get approved?

[@satibeth2509]

What reasons would a lawyer have for withdrawing from a case?

[@ssdattorney]

A lawyer might withdraw if it becomes apparent that the case will not be approved - the client is unable or unwilling to go to the doctor, or if received medical records show drug seeking behavior or malingering. A lawyer might withdraw if it appears that the client is using street drugs or is an active alcoholic or addict. The bottom line is that a lawyer taking a case under a contingency fee can only do so if there is a reasonable chance at winning. Contingency fee does not mean free, it means that the lawyer is willing to defer payment and share the risk of winning with the client.

[@brokenhearted993]

Do your lawyer let you know if they have withdrawl? What if you getting help for the addiction going to the doctor and trying to get help for yourself....

[@steven65man]

Do law firms use non attorney representatives to appear at hearings with claimants ???

[@ssdattorney]

I have never heard of a law firm doing this. If you hire a law firm you should get a lawyer.

[@reneereynoolds4767]

My lawyer only spent 15 minutes preparing me for my hearing. He said if I loose the case he will not help me with an appeal. Is this normal?

[@ssdattorney]

That seems a little short to me but every lawyer and law firm has its own way to prepare clients. I would note that your odds of winning at a hearing are a lot better than winning at the Appeals Council.

[@2SurvivalHomesteadTeachingFarm]

Okay so i got a phone call from the SSA. I was medically approved for SSI, not SSDI yet. However, I am not going to be able to get SSI because I own a home. I own it but can't afford to live in it. I was told if I lived in it, I would be approved. I live in my car. Id do anything to live in it. My one question is...is this correct? My second question is don't I need to be approved for SSDI before I can be approved for SSI?

[@ssdattorney]

SSDI does not have an assets test, but SSI does. I believe that you have to live in the home in order for the home not to count as an asset to offset your SSI. The definition of disability is the same for SSI and SSDI so if you are insured for SSDI and you were found disabled for SSI then the SSDI approval should be forthcoming.

[@2SurvivalHomesteadTeachingFarm]

@@ssdattorney Thank you so much for replying. I do appreciate your help. Have a blessed day.

[@treskingos]

Do 100% Disability Veterans get a faster response after the hearing? Thanks.

[@ssdattorney]

Not to my knowledge.

[@Iraqveteran-ke6qu]

They can. You need to get with your social worker and discuss your options.

[@satibeth2509]

As I understand it, if you are a 100% VA rated combat vet, the whole process is fast tracked. I was medically retired with 100% from both DOD and the VA and went from the initial application to hearing in five-ish months with a response a week after my hearing. I’m not sure if that it typical, but that was my experience. If you were in a combat zone it will be annotated by code on your dd-214 similar to the re code in the re-enlistment box. I believe you’re supposed to also document your rating in the remarks section however I forgot to add it so I am assuming they saw it on my dd-214. I hope that helps!

[@khadijahwhite9283]

When should someone expect to speak to their attorney prior to your hearing date? Example I have a court date February 27th 2019 when will the attorney prep me for the hearing

[@ssdattorney]

I do my pre-hearing meetings 3 to 5 weeks ahead of time but some lawyers do their pre-hearings a week before I would call your lawyer's office and schedule your pre-hearing meeting so you will have a little peace of mind.

[@khadijahwhite9283]

@@ssdattorney Thanks so much for education us on SSD. I truly appreciate all your videos. I will post My outcome

[@cfoster6804]

@@khadijahwhite9283 How did it go?

[@scottdennis8287]

i'm still waiting for my hearing but a lawyer has been helping me out before she helped me schedule the hearing with the form. She also helped me file for reconsideration before that. When should I ask her to represent me? Should i wait until the hearing date is scheduled?

[@ssdattorney]

If you have requested a hearing, I would not wait as your lawyer has to keep the file updated and it can be difficult to scramble to collect all records in the short time between a hearing being scheduled and the hearing date.

[@LourveyB]

is it reasonable for lawyers not to call at all and I have to call and call just to get a few questions answered

[@ssdattorney]

I think you are not being unreasonable to expect your questions to be answered - either by the lawyer or someone on his/her staff.

[@feliciamassey1490]

I had my cart date and i keep on her them say no jobs is that good.

[@Godisgreat-b4e]

Can you do a video on Federal Appeal Social Security

[@ssdattorney]

I am doing a podcast interview today with appellate lawyer Karl Osterhout. The podcast website is www.ssdradio.com and the iTunes feed is bit.ly/ssdpodcast. This episode will be out after I edit the show.

[@dantemikey]

Is it normal to be waiting 4 months to get my decision letter from the hearing ? I went October 15th to hearing in Orlando Florida

[@RL-RL]

Me too on the 16th in N.C.

[@2SurvivalHomesteadTeachingFarm]

I waited 2.7 years for mine after my hearing. I'm in year 5 now. Still waiting. Good luck!

[@MrKahhemet]

Jonathan, I'm in California, went to my hearing January 15 2019 and received my decision letter 2 weeks later. Now the waiting is for my payment to start. I watched a lot of these videos and made my attorney aware of things that may not have been updated in my medical file so When my lawyer spoke on my behalf he made the judge aware and things went very quickly, no more than 15 minutes. Thank you for all your videos, they were very helpful.

[@rogerlaflower4750]

it took almost 7 months to get mine @Born Natural

[@dantemikey]

Mr Majestic I was thinking the same thing with that government shutdown I’m thinking it delayed it for sure

[@carlossde1]

I live in plant city fl. 25 mi from Tampa do you get case

[@dante224real1]

JG i think you should get your lawyership onto the movement of legalization of marijuana, LSD, salvia, and kraton in the the business industry. i know you like payouts but people are in CAGES who should not be in CAGES.

[@RashadSims-bh3zz]

How much is your fee

[@ssdattorney]

I use SSA's fee agreement - www.ssa.gov/forms/ssa-1693.pdf - 25% of past due benefits (with a cap on fees set by SSA)

[@RashadSims-bh3zz]

@@ssdattorney thank u

[@RashadSims-bh3zz]

@ssdattorney so thsts 3,250 in back pay correct ?

[@jackierobinson9861]

Could a lawyer that turned you down refer you to another lawyer who can help you

[@ssdattorney]

Certainly, why not?

[@brokenhearted993]

I do not have the same lawyer and I haven't spoken to the next lawyer. I got comfortable with the first lawyer

[@troybrown7575]

What are my chances of getting ssd I had a stroke?

[@ssdattorney]

It depends on the functional limitations that have resulted from the stroke. SSD is not about medical diagnoses, it is about how those medical issues impact your capacity for work.

[@josephflagg1533]

I never spoke to my attorney.

[@ssdattorney]

That's not good.

[@bethocdunwitty6641]

Illegal drugs, NOT pharmaceutical drugs are what may prevent your lawyer from taking your case.

[@barb227]

headache and disappointment about getting disability.

[@justinolfart5431]

👍

[@mikaelstradwick]

I have schizophrenia and my attorney needs my pink slip from when I was in the hospital and I have to see my therapist a lot now . So hopefully I get approved lol date: 06/16/2020