This is the second half of my interview with Colorado Springs, Colorado Social Security disability attorney Tomasz Stasiuk. Today, Tomasz and I are focusing on the mistakes that we sometimes see and suggestions about how to best prepare for your disability hearing.
Filed under Attorney issues, Hearing process by 
This is part one of my interview with Colorado Springs, Colorado attorney Tomasz Stasiuk. Like me, Tomasz publishes a Social Security disability blog along with his firm website, and Tomasz encourages dialog with readers of his Internet publication. Social Security disability is different from other areas of law in that claimant's lawyers like Tomasz or myself cannot observe our colleagues when they try cases. This is done to protect the privacy of the claimants but I think it makes it more difficult for disability lawyers to improve our craft. Conversations like this one – between colleagues facing similar issues can help bridge this gap. I hope you enjoy part one of my conversation with Tomasz Stasiuk.
Filed under Attorney issues, Hearing process by
I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast.
You have, what I believe to be be, the most informative, no BS, Attorney site I have seen in my 3 mo quest for information…enough of the "smoke up the…."….
I have MRI, X-ray, and medical records that show back problems. I have been seeing a liver specialist. for over a year due to liver disease (he has yet to find source), I have shingles pain flares, and migraine headaches. Depression dating back several years. I have SEVERE diarrhea, that leads to incontinence, and I take 9 diff. medications a day.
All this caused me to leave my career in law enforcement 2 years ago. To top it off, I attempted suicide 02/08…About 3 mos ago, I filed for SSD. My question is this….I have kept a "pain Journal" that I show my pain management doctor, for the last 6 mos. It shows how I feel on any given day, and what i can and can't do, in my own
words. Some days are good, some days are horrible. Should I send that to DDS?–Richard
Podcast notes and resources:
1. Social Security listings – the fastest way to win a disability case is to show that your condition meets a listing.
2. Functional capacity argument – identify specific problems that impact your work capacity
3. Mental health vs. physical medical problems – which makes for a stronger case?
4. Pain journals – when are they useful?
Filed under Disability and back pain, Functional capacity argument, Listing argument by
Here is a question I received from a woman named Phyllis who sent me the following email:
IF YOU HAVE WORKED AS A PROFESSIONAL NURSE FOR PAST 25 YEARS AND CAN NO LONGER DO THE JOB AS A NURSE DUE TO DISABILITY, CAN SOCIAL SECURITY REQUIRE YOU TO WORK AS A NON-PROFESSIONAL WITH ALOT LESS PAY DOING SOMETHING TOTALLY DIFFERENT THAN WHAT YOUR WERE TRAINED TO DO ? IF THE ANSWER IS YES, DO THEY ASSIST YOU IN FINDING ADEQUATE EMPLOYMENT IN YOUR COMMUNITY WHERE YOU LIVE.
In the podcast, I make note of the following:
- In evaluating your case, Social Security is asking whether there is work out there that you could do, within Social Security's regulatory framework. If you are successful in proving that you cannot work, you win; if the judge concludes that you can work, you lose.
- Social Security cannot force you to take a job. Similarly, Social Security will not find you a job – they are not an employment agency.
- Social Security will ask whether you have transferrable skills from past work. If so, they will ask whether skills you may have obtained working could transfer to an easier job
- Generally, I approach most cases with the mindset that I need to prove that my client would not be a reliable, dependable worker in any job setting.
- You can read more at my Social Security disability blog about how Social Security classifies jobs based on exertional capacity and based on skill level.
Filed under Hearing process by
Here is a question I received by email from a lady named Brenda. She raises a number of issues, Social Security, workers' compensation, bankruptcy, the timing of her Social Security application and even medical malpractice. If Social Security disability was a law school class, this would be a final exam question:
I was injured in may of 2004, my workers comp case is still pending. My question is that I have applied for disablity but I have been denied 3 times. Not sure if I should apply now or wait until I settle my comp case. Please let me know if that is what I need to do, I have also talked to your staff but did not go any further due to this concern. Also I
had to file bankrupsty and it will be over in July , should I wait for that to be over before I file for disabilty. My injures are crushed ankle, back injury that cannot be operated on, and got staph when my comp doctor gave me a shot in my ankle, they mess around on who was at fault and in the meantime after my frist surgery I was not cared for enough due to the cliaming who was at fault. THen the staph went into my bone had 2 have another surgery,
thanks for your time
Filed under SSDI and workers comp, Social Security and Bankruptcy by
A gentleman named Mike writes in with a question about recommended medical treatment. Mike has been diagnosed with severe depression and he reports that the psychotropic medications prescribed to him have not worked well. His treating psychiatrist is now recommending electroconvulsive shock treatment (ECT), but Mike does not want to undergo this treatment because of possible side effects and risks.
If Mike refuses this treatment, or if any claimant refuses to undergo treatment recommended by a treating doctor, will Social Security consider that as non-compliance? Will refusal to agree to treatment hurt one's case? In the following video, I try to answer this question.
Filed under Hearing process by
Episode Notes: Link to grid rules
I have always believed that work history helps establish credibility. Yesterday our judge said as much and approved a case with consistent, but not overwhelming medical records.
Filed under Hearing process, Multiple medical problems by
What happens at your Social Security Disability hearing? What should you wear? Who will be in the hearing room? In this 10 minute video, Jonathan demystifies the Social Security disability hearing process.
Filed under Attorney issues, Hearing process by
In this episode, I discuss the role of the vocational witness. In many hearing offices, Social Security judges regularly call vocational witnesses to testify in hearings. You need to understand who these witnesses are, why they are testifying at your hearing and their purpose for testifying.
The issue in any Social Security disability hearing has to do with your capacity to perform "substantial activity," which is Social Security terminology for work or work-like activity. The judge's job is to evaluate the evidence and to evaluate your credibility as a witness. However, the judge does not have any special training in job placement, the physical and mental requirements of various jobs or the number of jobs that exist in a local or regional economy. Therefore, the judge will turn to the vocational witness to better understand the vocational impact of your medical condition.
Technorati Tags: vocational witness, adminstrative law judge, social security disability, dictionary of occupational titles
Filed under Hearing process by
If you allege depression, anxiety or any other mental health problem, there is a good chance that your Social Security claims rep will send you out for a consultative evaluation by a psychologist on a panel maintained by your local Social Security office. In this episode, I explain what to expect and I discuss why this type of consultative evaluation can be so important to your case.
Filed under Consultative exams by
Jonathan Ginsberg
