Best Practices for Working Part Time & Applying for Social Security
Are you allowed to work part time while your Social Security disability case is pending? If so, at what point will part time work hurt your case?
As I discuss, a key number to keep in mind is the dollar figure for what is called "SGA"
("Substantial Gainful Activity")
In 2023, you are presumed to be performing work at "SGA level" if you are earning $1,470 per month. This equates to only $17,640 per year, but SSA seems to think that a person earning $17,640 per year is, by definition, NOT disabled. :-(
So, if you decide to try to work you need to monitor your gross earnings every month.
If you exceed the SGA limit but cannot sustain a job at that level, your work could be considered "unsuccessful" which will actually HELP your case.
What you want to AVOID is a situation where your earnings EXCEED "SGA" for enough time to take you out of unsuccessful work attempt territory before you discover that you actually cannot sustain work.
This is where your disability attorney can be a huge help. I regularly discuss work attempts with my clients and we try to avoid a situation where a work attempt will cause a claim to fail.
If you need further help, it starts with reaching out for a free case evaluation. You can do that now by visiting the link below. Take action today!
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You Can't Do Your Old Job, But Is That Enough To Get Disability Benefits?
Will Social Security award disability benefits if the evidence in your case shows that you cannot perform your past work?
Unfortunately the answer to this question is "no." If you are under age 50 you have to prove that you cannot perform any work that exists in the national economy.
So if you can perform a simple, entry-level, minimum wage job you will not be considered disabled.
It does not matter to SSA that you can't support your family on a minimum wage job or even that no simple, sit-down minimum wage jobs exist near where you live. If such a job existed and you could perform it, then you are not "disabled" under Social Security's rules.
I have represented many clients at hearings who earned well over $100,000 as engineers, medical professionals, plant supervisors and sales executives. They ask "how does Social Security expect me to survive earning minimum wage of $7.25 per hour?" As you may have guessed, your financial survival is not the issue. If you can reliably perform a simple, entry-level, sit-down, minimum wage job you will not win.
This is why reliability and dependability are such key factors in any disability claim. Any documented and consistently treated medical condition that results in unscheduled absences or breaks from work make your case stronger. For example, I usually win cases when my client has a medical condition that causes excessive bathroom breaks. Pain can certain cause dependability issues but it can be hard to quantify.
Finally, SSA realizes that claimants who are over age 50 (and even more so when over 55) who have significant medical issues will have a very difficult time finding new work. So winning Social Security disability when you are over age 50 is significantly easier. Often the grid rules (see https://gridrules.net) come into play as a theory of disability open to those over age 50.
I encourage you to keep these realities about how SSA decides disability cases in mind as you think about leaving work and pursuing disability benefits.
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2023 Rules for Working AFTER Applying for Social Security Disability
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What are the rules about trying to work after filing for Social Security disability?
Because Social Security disability claims are so backlogged, often taking two to three years (!) from start to finish, many truly disabled people have to try to work to avoid homelessness.
The question I hear more and more - "if I try to work, will it hurt my disability claim?"
In this video I give you my perspective.
As I discuss, you have to understand what SSA considers "work" or, more accurately "substantial gainful activity" (also called SGA). In 2023, SSA will find that you are engaged in SGA if your gross earnings received in a calendar month exceed $1,470, or if you are engaged in an activity that would pay you $1,470 per month.
Note that the $1,470 refers to gross (before taxes) income. Further the SGA amount changes every year - here is SSA's SGA table for SGA over the past few years: https://www.ssa.gov/oact/cola/sga.html. The SGA amount will change every year so if you are watching this video in 2024, 2025 or beyond, check the table.
Further, SSA uses different earnings numbers for its Trial Work Period program, and another table of numbers to determine earnings credits. The SGA table is what you need to look at to determine what SSA considers “work.” Here is a link to an article I wrote that discusses these confusing tables of numbers: https://4socialsecuritydisability.com/faq/ssas-confusing-tables-of-numbers/
In my opinion, the SGA limits are ridiculously low - $1,470 per month equals $17,640 annually. Where in the United States can anyone survive on $17,640 per year? But this is SSA's reality.
If your gross earnings from a part time job are below SGA, are you in the clear? Maybe. In my experience on-going, part-time earnings that are close to the SGA limit will raise the question in a disability judge's mind about whether you could work at an SGA level if more hours were available to you.
As such I advise my clients part time work a few hundred dollars less than SGA will likely raise fewer questions.
Also in this video I discuss what happens if you should exceed the SGA limit occasionally or frequently. This raises the question of whether your over-SGA work constitutes an "unsuccessful work attempt" or not.
SSA's outrageous backlogs have left deserving claimants in a very difficult situation so I expect to see more and more clients who are working part time, with difficulty, but out of necessity. The best advice I can offer is to file as soon as you can so you can get in line and allow the process to play out.
And most importantly, do NOT take on the government (SSA) alone. Choose are seasoned veteran like me to help you navigate these very deep waters. Remember, there is no fee unless you win, and you keep 100% of your monthly checks. Act now!
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Will SSA Penalize You for Choosing NOT to Undergo Surgery?
If you are pursuing Social Security disability due to orthopedic problems like chronic neck or back pain, or due to a systemic disease inflammatory bowel disease you may find yourself faced with a decision about whether or not to undergo surgery.
Surgery of any type is inherently dangerous and if you have been diagnosed with other medical problems (co-morbidities) like diabetes, obesity, cardiac problems or breathing issues), surgery may be even less desirable.
What does Social Security policy say about how a disability adjudicator or judge should evaluate your case if surgery has been recommended but you have decided against an operation?
Social Security issues policy statements that address questions like these in Social Security Rulings. Rulings are roughly equivalent to case law precedent in judicial matters and rulings set out specific guidelines about how SSA adjudicators and judges must evaluate specific issues that arise in claims.
Social Security ruling 18-3p specifically discusses how decision makers should address "failure to follow prescribed treatment." https://www.ssa.gov/OP_Home/rulings/di/02/SSR2018-03-di-02.html
More specifically, SSA can deny benefits if a claimant refuses to follow doctor's orders with good reason. The ruling gives examples of what constitutes a good reason to refuse prescribed treatment. Examples of good reasons include:
- religious beliefs
- cost
- disagreement among medical providers
- high risk of loss of life or limb
- intense fear of surgery
- concern about addiction to opioid medications
You must, however, make your reasons known to your provider. In my experience the more specific you can be the better. In the case of orthopedic surgery to the neck or back you should research the risks associated with the offered surgery and explain to the doctor (in writing if possible) why these risks are unacceptable.
Perhaps you had a prior surgery that did not go well. Or perhaps there is a very real chance that you could end up worse off after surgery than before.
In addition to doing what you can to get your reasons for refusing surgery into the medical record, you should express openness to alternatives to surgery. For example, many orthopedic surgeons will refer patients who don't want surgery to a pain management physician. The pain management physicians might offer injections, physical therapy, opioids, non-opioids as well as alternative treatment like massages, yoga or aquatherapy.
In my experience disability judges are much more sympathetic to a claimant who refuses surgery when that claimant makes a good faith effort to address chronic pain with other therapies.
If you refuse surgery but also do not take any action, you may find that your judge will equate inaction with lack of severity. This is especially true if you are able to perform activities of daily living like housekeeping, cleaning or caring for pets or children.
Want more information about how Social Security decision makers decide cases? Leave me a comment on this video or visit me online at https://ssdAnswers.com.
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Social Security Will Lose the Mail Your Send Them Unless You do This
The Social Security Administration is notorious for losing medical records, forms and other documents you may send them as part of your Social Security disability case.
In this video I explain the steps you must take to improve the odds that medical records or other forms you may send to SSA actually gets associated with your file.
The first step is to identify the field office where your claim is being adjudicated. Go to https://www.ssa.gov/locator/ and type in your zip code - this will give you the name and fax number of the office handling your claim.
Next, call the field office and ask for the name of the adjudicator assigned to your case. Also ask for your case number (SSA is moving away from Social Security numbers because of identity theft problems) and ask for a bar code.
When you submit documents create a separate submission for every set of documents you send. For example, if you are submitting records from three different doctors, create three separate packets, each with the bar code as the first page and your case number clearly marked.
You can mail, hand deliver or fax these records - in my experience, faxing is the best option. Always keep a copy of exactly what you sent in.
This is the exact process I use except that I can submit records electronically over the Internet using my Electronic Records Express credentials. If that system is down, however, I will fax the records.
Finally, follow up by phone a day or two after you submit your documents to confirm receipt and don't be shocked if you have to resubmit one or more times.
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How to Submit Medical Records and Other Documents to Social Security
How should you submit medical records and other documents about your disability case so that Social Security will be less likely to lose or misplace what you send them?
In this #shorts video I explain how to find the Social Security office handling your claim, the importance of asking for a bar code and case number, and why medical records from multiple medical providers should be broken up into separate submissions.
Because of chronic staffing shortages at Social Security, your submissions of medical records could very easily get lost. Don't be surprised if you have to submit your records two, three, even four times.
I recently posted a story on my blog highlighting the human costs of these long delays - https://ssdanswers.com/unacceptable-disability-claim-delays/
The sad reality is that when you file for Social Security disability you have to assume that your paperwork will be lost - hopefully the guidance I offer in this video will improve your chances of getting a fair hearing.
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Why You Should Never Lose a Back Pain Disability Case if You are Age 55 or Older
If you are age 55 or older and are pursuing #socialsecuritydisability due to #backpain your odds of winning are very high.
Social Security's #gridrules are designed to help #disability applicants over age 55 win. In this #shorts video I explain why.
Under Grid Rule 202.06, for example, you are very likely to be found "disabled" under SSA's rules even if you can lift up to 20 lbs. and stand and walk for 6 hours a day.
You will need medical evidence of a diagnosed back problem - such as an MRI that show a disc herniation or severe disc bulge and you do need medical records detailing ongoing treatment.
Grid Rule 202.06 is very unusual in that it actually gives disability claimants an advantage in the very dysfunctional Social Security disability process. I would not be surprised to see SSA change this rule in the future but for now, it exists and it can greatly improve your chances at a win.
Obviously every applicant's case will be decided on its own merits but if you have stopped or are about to stop work due to severe back pain and you are age 55 or older, please look at the grid rules.
I have a website called Gridrules.net (https://gridrules.net) that explains how the grids work. Feel free to fill out the form on the GridRules site for a free case evaluation.
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Why are Inflammatory Bowel Diseases Usually Approved by Social Security Disability
Inflammatory bowel diseases like #crohnsdisease or #ibs are usually approve by #socialsecuritydisability judges because these condition often create significant work reliability issues. In this #shorts video I explain why.
Social Security will find you #disabled if you have a medical problem that has not responded to treatment and results in frequent and unscheduled missed time from work or missed days at work.
To put this another way, if you have to use the restroom every 60 to 90 minutes, and if you have both urgency and frequency, and if you are likely to be in the restroom for 15 to 20 minutes at a time, you would not be reliable enough to sustain employment.
In addition to treatment records, I advise my clients to keep a "restroom diary" detailing the daily frequency and duration of trips to the bathroom. Further if your #inflammatoryboweldisease was symptomatic while you were working, a statement from a former co-worker discussing you absenteeism can be valuable evidence.
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Do You Need to Wait A Full Year After You Stop Working to Start Your Disability Case
I regularly speak with potential clients who mistakenly think that they cannot file for #socialsecuritydisability benefits until they have been out of work for 12 months.
This is not true and if you wait 12 months you could be costing yourself tens of thousands of dollars and unnecessarily adding to the long delays in the processing of your case.
As I explain in this #shorts video, SSA rules say that you qualify for disability only if your work preclusive medical condition has lasted or is expected to last 12 consecutive months.
This means that if you stop working on Monday and have a good faith expectation that your will be out of work for a full year or longer, you can file for #disabilitybenefits on Tuesday. To restate - you can file your #applicationfordisabilitybenefits the day after you stop working.
You may wonder if filing immediately after you stop working is likely to result in a denial since you cannot assume that the Social Security #adjudicator will agree that your severe medical condition is likely to keep you out for a full year.
In reality, adjudicators are so backed up that most decisions on your initial application won't be made for close to a year or longer anyway. So, as a practical matter, it makes more sense to start your case as early as possible as opposed to waiting.
Want a free case evaluation - tell me about your case by filling out the form at https://ssdanswers.com.
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Can You Recover Disability Benefits for a "Closed Period" if You Later Return to Work?
Can you recover #socialsecuritydisability benefits if you were or will be out of work for at least 12 months, but later return to the workforce?
Yes. As I explain in this #shorts video, Social Security allows you to recover a #lumpsum for a #closedperiod of disability. While you won't get on-going monthly payments, you will get a lump sum that could be $10,000, $15,000 or more in many cases.
You can only collect your closed period lump sum if you have or will be out of work for 12 consecutive months and if your medical records support a finding that during that closed period you would not have been a reliable worker at even a simple, entry level job.
Importantly, Social Security disability judges like closed period arguments because a closed period approval does not obligate Social Security for years of on-going monthly payments. Further, by returning to work you are demonstrating to the judge that you are motivated to work and that you did, in fact, return to work as soon as you could.
In my practice I find that closed period arguments can often result in approvals for younger claimants who otherwise would not have been approved.
Want more information about closed periods of disability - reach out to me at the link below.
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What Evidence Do You Need to Win a Social Security Disability Back Pain Case?
What does it take to win #socialsecuritydisabilitybenefits if you cannot work because of severe and chronic back pain?
In this #shorts video, I discuss what I have learned about winning #backpain cases in #socialsecurity hearings over the past 30 years.
#spinalpain is the most common reason that people file for disability, so Social Security makes it extremely hard to win these cases. Mild to moderate pain won't be enough. A disc bulge with no impact on the spinal cord or spinal nerves won't be enough.
But #MRI evidence of a #herniateddisc with cord impingement or nerve root impingement often will be enough to win, especially if you are age 50 or older #gridrules.
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Evidence You Need to Win a Depression Disability Case
Social Security disability claims arising from depression are always difficult to win. #socialsecuritydisability judges are always more comfortable approving claims based on medical conditions that can be seen on an MRI or CT.
Obviously there is no way to confirm that #depression exists or at what level of severity, other than from medical records and other evidence proving that your level of depression is truly debilitating.
In this #shorts video I explain what evidence I look for to win a depression disability claim.
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The Dr. says you have a winning SS Disability case. But do you?!
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Social Security will most likely send you out for a "consultative medical evaluation" with one of their doctors during the course of your case. They do this because the law requires SSA to develop your record. #socialsecurityconsultativeexam
Consultative exams may be with medical doctors for physical medicine issues, or they may be with psychologists for mental health claims. In a small percentage of cases, SSA may send you to a medical specialist. #socialsecuritydisability
Sometimes, I hear back from my client that the Social Security doctor offered a comment about my client's case. Many times, the comment is something like "it looks like you have a strong case and should be approved." In other cases the doctor may offer a negative assessment. #winningssdicase
I tell my clients not to give much weight to what the consultative doctor says about their case - either positive or negative. Consultative doctors are not lawyers and they don't necessarily understand how SSA defines disability. A severe medical condition may not translate into unacceptable work dependability problems.
These doctors most likely have not looked at the full record and even if they see your symptoms as more severe than other patients they have examined, the CE doctor almost certainly is not aware of the final resolution of other cases.
Obviously it is a positive if the CE doctor recognizes the seriousness of your case but his/her report will be one part of a much larger file.
Further, if the CE doctor barely gives you the time of day and dismisses your complaints that doesn't mean much either. In fact, I encourage my clients to write down what happened at the CE appointment.
Often, for example, physical CE appointments are scheduled with industrial clinic doctors who make their living examining patients at the request of insurance companies who expect to see reports that minimize the severity of symptoms.
We have the right at a hearing to point out any bias that exists in these industrial clinic doctors and ask the judge to give those reports little weight.
Your claims file may consist of 800, 900, 1000 or more pages and the CE report may be 6 or 7 pages. Your lawyer is in a much better position to offer a reasoned analysis about the strengths and weaknesses of your case.
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Winning Back Pain Social Security Disability in 2023 - NEW VIDEO!
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I'll admit, Social Security makes it quite difficult to win disability benefits for back pain.
Back pain issues are the NUMBER ONE reason people file for disability so SSA keeps tightening the requirements for approval.
Fortunately, you can still win but you have to have the right evidence.
Almost without exception, you will need objective radiographic evidence to win a spine injury disability case. MRI or CT tests will usually reveal the nature and severity of your back injury.
Generally speaking your MRI needs to show some sort of neurological problem. Terms like "nerve root impingement," or "stenosis causing spinal cord compression" or “herniated disc” indicate a problem that would be consistent with radiating nerve pain into your legs, numbness, loss of sensation and weakness.
You may also see medical terms like "degenerative disc disease" or "spondylosis" or "arthropathy" that sound serious but often are just medical terms for arthritis that develops in most people as they age.
Similarly a disc bulge sounds severe but many people live and work without limitations even with disc bulges.
Disability judges draw a very clear distinction between back pain cases that can be managed with rest, physical therapy and muscle relaxants, as opposed to those in which surgery or long term narcotic pain management is the recommended treatment.
Disability attorneys are not doctors but we can usually determine if the evidence in your case meets the profile that will likely result in an approval. If we can help you better understand what the evidence in your medical file means in a disability context please do not hesitate to contact us.
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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23
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Winning "Mental Health" Social Security Disability in 2023
If your disability is based on a mental health diagnosis like depression, anxiety, PTSD, or bi-polar disorder, what evidence do you need to win #socialsecuritydisability ?
Depression, anxiety disorders like PTSD and mood disorders like bi-polar are very frequently seen by #socialsecuritydisability judges. Even people with no history of mental health ailments will experience depression and anxiety if their physical problems like back or joint pain prevents them from earning a living or interacting with friends and family.
Because so many disability claimants report depression and anxiety when filing for disability, the evidence you need must be compelling to win your case if mental health problems are your primary impairment.
In sum, the level of impairment you must have to win #socialsecuritydisability if you are relying solely on mental health problems is high and your testimony alone won’t be enough.
Instead, you need hard evidence like records from an inpatient psychiatric hospitalization, documentation of suicide attempts and proof that your psychiatrist’s medical management of your symptoms is not working.
In 2023, a diagnosis and medication prescription from your family doctor just won’t be enough.
In this video, I discuss the type of evidence that I have found to be most convincing to judges.
I also talk about problems I have had with VA records and why I don’t like to rely solely on VA medical evidence in a mental health claim.
I also discuss how mild to moderate mental health issues can make your case STRONGER if they exist in addition to other impairments like back pain or organ damage.
Mental health problems can make it impossible for you to work, and I want you to know what I have learned about what works in a #socialsecuritydisability case.
🌟🌟🌟🌟
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🌟🌟🌟🌟
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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How to Answer "Work History" Questions from a Social Security Disability Judge
There is an almost 100% probability that the disability judge in your case will ask you about your past work. How do you best prepare yourself for these questions?
First, you and your attorney need to prepare and plan ahead. Since questions about your past relevant work will be posed, you should write out your work history. Your attorney can download a detailed earnings report from your Social Security file to help jog your memory.
The last thing you want to do is get caught off guard by questions about your past work. It undermines your credibility from an eagle-eyed judge. We don't want that!
Secondly, you will want to focus on your jobs over the past 15 years only.
The judge will not ask about jobs prior to that.
Third, you should be humble and completely honest about your past jobs. Don't get caught up in titles - you may have been given the title of "assistant manager" but if you were not engaged in managerial functions, you should focus on the specific tasks you performed. Understand that the skills, knowledge and experience will make your SSD claim more difficult to win.
Fourth, be prepared to speak in specifics about what you did. How much did you lift and carry? How many hours a day were you sitting and standing? Were your job duties mostly the same or were there frequent changes in the workday? Did you have regular interaction with co-workers, supervisors or the public?
Above all else, tell the truth while being humble about your past work. There are no trick questions when it comes to testimony about your past relevant work, but don't leave the judge with a false impression that you did more than what you actually did.
The best advice is to not take go at this alone! I strongly advise you get a seasoned social security disability attorney to help you navigate these difficult waters. I offer 100% free case evaluations and you can get started below.
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============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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8
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When You're Challenged by The Judge in Social Security Disability
What should you do if the judge in your case questions the truthfulness of your claim for disability? Or what should you do if the judge wants to change the onset date of your disability claim to eliminate tens of thousands of dollars of past due disability benefits due you?
In this video, I present to you a case study of exactly this situation. My client is a hard working woman who underwent brain surgery to remove a tumor. As a result of this surgery, my client’s pituitary gland was damaged resulting in multiple complications including fatigue, restroom frequency and urgency, headaches, and cognitive loss.
The judge challenged us by “cherry-picking” sentences or fragments of sentences from the medical record to argue that my client’s limitations were minor or non-existent.
Fortunately, I had used my contacts to research THIS JUDGE and I was prepared. I was fully expecting what the judge planned to do, and after discussion with my client, we decided to push back.
As I discuss in this video, the judge was testing me - would I back down and agree to an amended onset date that would eliminate all past due benefits?
I had studied the record in this case and I knew that when taken as a whole, there was clear and convincing evidence that my client’s capacity to function in any work environment had been irreparably damaged by her surgery.
Further, her efforts to try to work and her efforts to maintain a normal life should be applauded and not used against her. In other words, it was our right (and good counsel by me) to push back and contest him.
Fortunately, the judge was open to my arguments, and after a lot of back and forth, he backed down and approved our case. But had I not known what to expect there may have been a very different outcome costing my client THOUSANDS of dollars.
When I prepare my cases for hearing, I literally look at every page in my client’s exhibit file and I have a clear “theory of disability” as to why my client cannot work. Not every judge tries to pressure the lawyers and claimants who appear before him/her, but when that happens, I’ll be ready to push back to get you ever penny you deserve by law, and not one penny less!
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============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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110
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What is the 12-Month Duration Rule for Social Security Disability?
What is the "12-Month Duration" requirement in your Social Security disability case?
Under Social Security law, you can win disability benefits if you have a medical condition that prevents you from working, but your condition must be one that has lasted or is expected to last TWELVE CONSECUTIVE months.
In other words, Social Security expects you to have a serious and long term medical problem that significantly interferes with your capacity for work. Social Security will not approve you for a serious, but short term medical issue.
For example, you may have two broken arms that prevent you from working, but usually a broken arm will heal in two to three months. So, unless you experience complications, two broken arms would not keep you out of work for a full year.
You DO NOT, however, have to wait twelve months to apply! As long as your doctors are telling you that your medical problem is likely to LAST twelve months, you can go ahead and file. Even if you are not certain that your doctor's treatment will or will not work, you should apply for disability if there is a reasonable likelihood that you will be out for a full year.
Since SSA is extremely backlogged, it can take them 8, 9, 10 months or longer to issue a decision so there is a good chance that the 12 months will have gone by by the time you get your decision. There is no reason to wait. Take action now! Get the ball rolling.
Finally, if you are out of work due to a severe medical issues for a full year but then return to the workforce, you can pursue a "closed period" of disability for the twelve months or longer that you were out.
If you think that you have a severe medical problem that will keep you out of work I'd be happy to review your claim at NO COST to you. Contact me below. No fee unless you win!
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============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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70
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Missed a Social Security Disability Appeal Deadline? Watch This Now!
When Social Security sends you a denial notice - either for your original application or your first appeal you have only 60 days to appeal. If you miss the 60 day deadline, your case will be dismissed!
Or will it?!
In this video, I walk you through the steps you need to take to request a “good cause” EXCEPTION to the 60 day deadline.
Whether you missed the deadline by just a day or two, or by several months, you may be able to keep your case alive by filing a request for good cause for a late filing.
You have to have a reason for missing the deadline - and I give you examples of explanations that have worked for me - but as long as you are not too late, the odds are in your favor.
So, if you missed that 60 day deadline, don’t assume the worse. Follow the directions I provide in this video and avoid dismissal of your disability claim.
If you need any further help, reach out to me for a FREE Case Evaluation. Even if you've been denied, we still may be able to help you. Don't delay. Take action right now!
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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5
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Why "Date Last Insured" is So Important in Your Social Security Disability Case
Unlike Social Security retirement, which looks at your lifetime earnings and is paid automatically based on your age, you can LOSE eligibility for Social Security disability if you wait too long to apply. Don't delay! That's a huge mistake people make. In fact, decide to take action today!
As I discuss in this video, the date that the medical evidence in your file documents that you are disabled and unable to work must be before your SSDI coverage runs out.
Generally speaking your SSDI coverage will run out about five years after you stop working.
You may have worked for 20 years but if you last worked 10 years ago, you will likely not be covered. You gain coverage by paying taxes and under the disability rules, your earnings and tax payments must be relatively recent.
As your disability lawyer, I need to know when your SSDI coverage runs out - this is called your “date last insured.” You and I will have to prove that your disability began before your date last insured, otherwise you will get NO payment from SSDI.
Unfortunately, Social Security does not make it easy to find your date last insured. Your “MySocialSecurity” statement (which you can download at ssa.gov/myaccount) will tell us if you are insured currently, but it does not give specifics and can be incorrect. A review of your actual earnings record can actually be more helpful.
If you have worked full time or close to full time for the ten year period ending when you became disabled, you will probably be covered, but if your work has been sporadic - or if you have not worked in more than 5 years - you may not be.
If you are struggling with a disabling medical condition and you need advice about your insured status, please contact my office. We offer a 100% free evaluation of your case. Don't delay. Act now!
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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25
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What a "100% V.A. Disability Rating" Means for Social Security Disability
If the VA has issued a 100% disabled award for PTSD, will you automatically win Social Security disability?
As I discuss in this video, the VA has very different standards than Social Security when it comes to defining disability. In the VA system you are assigned a disability rating (such as 40%, 80% or 100%), whereas in the Social Security system you are either disabled or not - there are no partial disabled awards.
Further, VA treatment records often do not address your vocational capacity, which is the main issue in your Social Security disability case.
I can also tell you that PTSD (post traumatic stress disorder) is a condition that is very common at the VA and one that frequently arises from combat operations. As such a large percentage of VA claims arise from PTSD.
In the Social Security disability world, PTSD can arise from military service but it can also arise from childhood or adult sexual abuse, emotional abuse or family violence. PTSD is also a condition that cannot be imaged in an MRI or CT scan, which makes PTSD and all mental health conditions more difficult to win.
So, for many reasons, your 100% VA rating for PTSD will not be binding on Social Security and you should not assume that these two federal agencies have anything in common when it comes to disability determinations.
You can certainly win a PTSD case in the Social Security disability system and your VA treatment records can help prove your case. But you need more than that 100% service connected finding to win SSDI or SSI benefits.
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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97
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"Do I Qualify for Social Security Disability Insurance Benefits?"
How do you find out if you have enough earnings credits to qualify for SSDI benefits?
Social Security’s SSDI program is one of the two main types of disability. You qualify for SSDI if you have paid in enough FICA taxes to earn a certain number of credits. If you have earned enough credits you will be “fully insured” for SSDI, but if you do not have enough credits you cannot pursue SSDI; instead you would be limited to the less desirable SSI program.
As I discuss in this video, the onset date for your disabling condition needs to be before your date last insured for SSDI. For example, if your date last insured is October 31, 2018, the onset date for your disability must be prior to October 31, 2018. In this example, if you become disabled on November 5, 2018, you are out of luck because you are not covered.
Assuming you are found disabled prior to your date last insured, your claim is grandfathered in - you could continue to collect SSDI for the next 20 year.
You earn SSDI credits based on your gross earnings in a calendar year. In 2020, you would earn one credit for every $1,410 in gross earnings.
In 2021, you need $1,470 of gross earnings for one credit. You can earn a maximum of four (4) credits in a year. So for 2020, you would earn four credits with $5,640 in gross earnings and in 2021, you would need $5,880 in gross earnings.
In 2022, you need $1,510 of gross earnings for one credit. You can earn a maximum of four (4) credits in a year. To earn four credits, you would need $6,040 in gross earnings.
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SSA publishes a table showing how much in gross earnings you need per year to earn one credit - that table is at https://www.ssa.gov/oact/cola/QC.html.
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To qualify for SSDI you need a certain number of credits earned in the recent past:
- if you are alleging disability prior to age 24, you need at least 6 credits earned in the 3 year period ending when your disability starts
- if you are alleging disability between age 24 and 31 you need credits equal to working half the time between age 21 and the time you become disabled
- if you are alleging disability after age 31, you need 20 credits in the 10 year period prior to becoming disabled.
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Here is a link to the SSA page explaining this further: https://www.ssa.gov/benefits/retirement/planner/credits.html
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You can find out if you are insured and how much you will receive from SSDI by downloading an earnings and benefit statement at https://www.ssa.gov/myaccount/. Here is a link to other benefits calculators at the SSA website: https://www.ssa.gov/benefits/calculators/.
Generally speaking if you have worked consistently up until two or three years ago, you will be insured for SSDI. If you last worked more that five years ago, you may not be insured.
NEXT STEPS...
==============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
=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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00:00 - DLI and Qualification
02:40 - Get a free case evaluation
06:25 - Jonathan offers free help
21
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Why Do College Graduates Need More Help w/ Social Security Disability?
What impact does your college education have on your claim for SSDI benefits? Will Social Security deny your case because you have more than a high school education?
As I discuss in this video, your status as a college graduate does NOT prevent you from qualifying for disability benefits.
However, since this issue in a disability case has to do with your CAPACITY to perform any type of work, it is true that SSA will assume that you may have more capacity than a lesser educated person to transition into easier work from a more highly skilled occupation.
SSA will assume that you have the capacity to learn MORE technical and sophisticated information and that you may have more capacity to learn on the job. This can be a downside.
However, and this is a CRITICALLY important point, even a moderate level of depression or anxiety (which is common in many disability cases when a formerly productive person can no longer work) may eliminate from consideration jobs that require multi-tasking or abstract reasoning.
In such a case, your college degree may be a non-factor and work to your advantage.
This is why having a lawyer on your side is so important: By layering in additional ailments, like depression and/or anxiety, it changes the court's calculus on your eligibility. And furthermore, having a 30-year veteran like me on your side, I have hundreds of valuable pieces of knowledge like that to help my clients win often.
If you have been diagnosed with a serious medical condition, regardless of your educational background, I'd be happy to review your claim. Free of Charge. Act now.
NEXT STEPS...
============== 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
====================================================
================= 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
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CHAPTERS
00:00 - Intro
00:45 - no limit on winning disability with college degree
03:00 - grid rule
04:22 - getting a free case evaluation or survival kit
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#disabilityandcollegedegrees
2
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How to Best Represent Yourself in a Social Security Disability Case.
Will you be representing yourself at a Social Security disability hearing? Doing so can be a challenge but if you have no other option or if you have made the decision to proceed without a lawyer, the judge will expect you to be prepared and will not give you much in the way of special considerations because you are a "pro se" (unrepresented) claimant.
Chapters
00:00 - Introduction
01:45 - Get a Copy of your medical records
03:00 - What's missing here?
08:23 Free Case Evaluation
As I discuss in this video, the starting point when preparing for your hearing is to understand what you are trying to prove. Social Security disability is not about your diagnosis - in other words, you won't win disability benefits because you have a herniated disc, uncontrolled diabetes, blood clots in your leg, congestive heart failure or schizophrenia.
Instead you have to prove to the judge that the symptoms of your medical condition and the side effects of treatment or medication make you so unreliable that you would not be able to perform the duties of a simple, entry level job. Further your condition must be at this level for at least 12 consecutive months.
Secondly, as an unrepresented claimant you are responsible for updating your claims file. This means that at least a week (but ideally longer) before your hearing you need to supply the judge with updated medical records so that the judge will have information about your current medical condition (see my video about SSA's "5 day rule" here: https://youtu.be/ZTXzcIakIRU.
Third, you need to be prepared to testify and explain to the judge in very specific terms how and why you would not be a reliable employee.
Finally, you need to be prepared to cross examine the vocational witness who will appear at your hearing to testify about employer tolerances for missed time from work and off task behavior.
(See my video at https://youtu.be/74Wc7yEF_vM for more about vocational expert testimony.)
As you can see, a lot goes into preparing for your disability hearing, and the judge will expect you to be on the cutting edge in his/her court! Beware!!
*** MY PLEA TO THOSE CONSIDERING GOING IT ALONE. DON'T! ***
Have you ever seen a movie where the person comes to court representing themselves, and the judge asks them several times, "Are you really certain you want to do this alone?"
I want you to carefully consider what is at stake by not being properly represented by a veteran attorney like myself who has seen every trick in the book and has a very high win rate.
Consider that fact that the government did a recent study and found that you have a 300% better chance of winning benefits by having a LAWYER than going without one. Remember, if you lose, you get zero. If you win, you only pay 25% of the lump sum to me, plus you KEEP 100% of your monthly checks! (And you owe nothing if we lose) This is designed by the law to protect you.
Don't let cost dissuade you from hiring a lawyer! That could be the biggest mistake you make.
NEXT STEPS...
============== 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
====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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25
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How to Quickly Qualify for Social Security Disability by Meeting a Listing
One of the main arguments you can use to win your Social Security disability case is to
meet one of Social Security’s "listings."
Contained in SSA’s “Blue Book,” the LISTINGS classify the human body into fourteen (14) numbered “body systems” such as the musculoskeletal system, the cardiac system, the immune system, mental health and more.
Within each numbered system, you will find any number of specific disease or condition diagnoses. If your diagnosis fits the listing exactly or close to exactly, you can be approved for disability early, often within three to five months of filing because you "Meet a Listing."
You qualified by the letter of the law.
But, there's a catch!
As I discuss in this video, however, Social Security intentionally makes the listings very difficult to meet. Common conditions like back issues or depression/anxiety are even more difficult to meet because so many people claim disability based on these conditions.
Further, doctors are focused on treating you, not on creating medical records that will satisfy a Social Security adjudicator. This means that many disability claimants who truly do have listing level medical problems can be IMPROPERLY DENIED due to missing paperwork.
So if you are struggling with a listing level condition, an experienced disability lawyer like myself can help you by creating a checklist form that tracks the language of the listing for your doctor to complete.
Further, your lawyer can identify specific pages in your medical records that fit the language of the listing.
*** You can view the listings at my website https://meetalisting.com. ***
If you think you may qualify for disability based on a Social Security listing please reach out - we’re here to help. Call or Click below for a FREE Consultation. It's costs you nothing. Act now.
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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====================================================
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================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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21
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