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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Jonathan Ginsberg
Social Security Disability Attorney
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