This is part two of a three part interview I conducted with attorney Bryan Konoski. Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court. In this part of our conversation, Bryan and I speak about vocational witne…

This is part one of a three part interview I conducted with attorney Bryan Konoski. Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work. The appellate work that Bryan does is very different than disability application and administrative law judge hearing work. With very rare excep…

What type of conduct does Social Security consider to be fraudulent? Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim? Or does SSA define fraud as conduct that goes far beyond overstating your symptoms? In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a cle…

How do Social Security claims examiners (adjudicators) analyze disability claims and what do they do on a day to day basis? In this episode I speak to Greg Brinkley a former Social Security employee. In his 27 year career with the agency, Greg served many roles, including that of a claims specialist (adjudicator), technical expert, fraud examiner a…

Social Security disability judges call on vocational witnesses to testify at the vast majority of disability hearings. Although you have never met this witness, he/she plays an important role in your hearing. Disability judges pose "hypothetical questions" to the vocational expert in your case and the answers to these questions will determine wheth…

After trying thousands of cases over the past thirty years, I have a fairly good idea what types of cases are likely to be approved. There are certain fact patterns and claimant profiles that I know will resonate with Social Security judges. I regularly speak with colleagues throughout the country to discuss their experiences. These discussions hel…

During the course of your Social Security disability case, SSA will send you dozens of forms. These forms include documents with titles like "Function Report-Adult," "Disability Report -Adult," "Work History Report," "Activities of Daily Living Report," "Pain Questionnaire." Most of these forms are accompanied by a page or two of instructions that …

Social Security disability judges rely primarily on evidence to decide whether you qualify for disability benefits. Within the last few years, SSA changed its procedure to remove "claimant credibility" as a factor that judges can use. In other words, you may appear before a judge who finds you completely believable and honest, but you will still lo…

What can you do as an applicant for Social Security disability benefits to improve your chances at an approval? This is the third an final installment of my conversation for former Social Security staff attorney Spencer Bishins. Spencer recently released a book entitled Social Security Disability Revealed: Why It's So Hard to Access Benefits and Wh…

What evidence to Social Security judges find most compelling and convincing? In part two of my interview with former Social Security staff attorney Spencer Bishens, we talk about how a disability judge's background can influence how that judge evaluates a case. Spencer Bishins is a former Social Security Administration staff attorney, serving as a …

Recently the Washington Post and several other newspapers around the country have run stories about the inefficiencies and long delays that are causing terrible suffering for Social Security disability applicants. My guest on today's podcast argues that these long delays and poor service within Social Security are not accidental. He contends that C…

When you are approved for Social Security disability benefits, you also become eligible for Medicare. But you don't get Medicare coverage right away - instead, you don't become eligible for Medicare until 24 months after you first become eligible for SSDI payments. Why this delay? I can find no good answer other than that the goverment wants to sav…

Why do some Social Security disability claims get approved within two to three months, whereas others are denied twice before you end up a year and a half later in front of a Social Security judge? More importantly, what can you do to improve your chances at an early approval? In this episode, I talk to Nashville disability attorney Pete Harris. Pe…

How can you improve your chances at winning Social Security disability benefits if you are struggling with a mental health condition like severe depression, anxiety, bi-polar disorder, PTSD or other issue that prevents you from working? In part 2 of my interview with Phoenix, Arizona attorney Jeffrey Herman, we dive deeper into questions about what…

What are proven strategies you or a loved one can use to win a mental health disability claim? This is part one of a two part episode in which I interview Scottsdale, Arizona attorney Jeffrey Herman about how he approaches the challenges of representing deserving claimants who are struggling with mental health issues. In part one, Jeffrey and I go …

Earlier this year I published part one of my interview with Cameron Connah, a former staff attorney with Social Security responsible for drafting approvals and denials to be released by Social Security judges. As a decision writer Cameron had the unique opportunity to listen to literally hundreds of hearing audio recordings and to interact with doz…

What should you expect from your lawyer during the long delays typical of most Social Security disability claims? As you may know, Social Security moves at a snail's pace when deciding claims - it is not at all unusual for a case to take two years or longer from start to finish. What is your lawyer doing during these long delays and how do you know…

Would you be surprised to learn that the judge who hears your disability case is not the person who actually writes the approval or denial in your case? In the strange universe that is Social Security disability, a "decision writer" working in a cubicle hundreds of miles from the judge and weeks after your actual hearing will sit down with the exhi…

After waiting as long as two years or more for your hearing, you are finally scheduled to appear before a Social Security disability judge to present your case for disability benefits. Your hearing will last around 45 minutes so every minute counts. Should you assume that the judge has read through every page of your medical record? Will the judge …

The one constant in the Social Security disability program is delay. You'll wait months for a decision after you apply, months for a decision on your appeal, and months for a hearing date. After your hearing, you may wait weeks or months for a decision and if you win, you may wait months before you are paid. Nothing is more frustrating knowing that…

The federal government administers two huge disability programs - one for workers who can longer reliably perform a full time job (Social Security disability), and the second a program that pays cash benefits to soldiers injured while serving in the armed forces. You would think that the standards and procedures for obtaining disability benefits wo…

What are the trends that we are seeing in the Social Security disability world and what can you expect in 2020 and beyond. If you have an active application for benefits, or if you have already been approved but are concerned about a possible "continuing disability review" you need to educate yourself about the big picture as seen by a Social Secur…

Even though Social Security disability hearings are considered "informal" you will no doubt be stressed when you appear before the administrative law judge. Judges are very busy - often understaffed and under pressure to close cases quickly. Experienced lawyers know that thorough and complete case preparation will make your judge's life easier and …

I get a lot of questions about Social Security disability hearings. Disability hearings are unlike other court proceedings you may be familiar with because there is no attorney on the other side representing the Social Security Administration and the judge in your case serves as both a finder of fact, and SSA's representative. Another bizarre eleme…

If you are 50 years old or older you have an advantage when applying for Social Security disability. In the last episode of this podcast I talked about the grid rules - a shortcut to winning for those over age 50. But not everyone fits into a grid rule, so what can you do? In this episode of the podcast I reveal other proven strategies for winning …

Did you know that Social Security has a built in bias in favor of disability claimants over the age of 50? In addition to claiming disability based on SSA's listings, or presenting evidence of diminished capacity for work, the grid rules allow many claimants over 50 to win disability benefits even if they still have the ability to work full time. S…

What makes your Social Security disability claim stand out from the 20 or 30 other cases that your judge hears during the week your hearing is scheduled. Every other person your judge hears from that week, that month and that year sincerely believes that he or she is disabled and deserving of disability benefits. Statistically, Social Security judg…

Back pain is perhaps the most common ailment for adults in the United States, so it is no surprise that Social Security disability judges see more back pain claims than any other medical complaint. Because back pain cases are so common, yours must stand out if you hope to win. In this podcast episode I discuss what I consider to be the five element…

What type of evidence does a Social Security disability judge need to approve your claim? Social Security defines disability in terms of how your medical problems impact your capacity for work. But your judge won't approve your claim unless your file contains compelling evidence supporting your claim. In this episode, I discuss the strongest eviden…

What are the common mistakes that you need to avoid when filing your Social Security disability claim and appealing a denial. What do you need to watch out for at your disability hearing? In this episode, I interview Chicago Social Security disability lawyer Jonathan Pearson. Jonathan lives and works in Chicago, where he represents disability claim…

What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well? Do you have any remaining options? My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court. As we will discover, federal c…

What happens if you lose at your hearing? What are your options? Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520. How do you know which way to proceed? My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built…

Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay. In this episode I discuss seven types of activities that you should avoid while you wait for your court date. While…

How do you know if you are sick or injured enough to win Social Security disability benefits? While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now. If your impairment is physical or involves a damaged body part or system, Soc…

How does the Social Security Administration decide your case? As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies. Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing." In this podcast I will wa…

What is the difference between SSDI and SSI? As I discuss in this episode, SSDI stands for Social Security Disability Insurance. It is an insurance program and the payroll taxes you paid while you were working are the premiums. You earn insurance "credits" based on your gross earnings. In 2018, you earn one credit for every $1,320 of gross earnings…

If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled. In the last episode, I explained how SSA defines the term "disabled." In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition. The three ar…

How does Social Security define the term "disability?" Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death. What does this mean? In this episode, I unpack this definitio…