how to know if your disability hearing went well This is a topic that many people are looking for. cfiva.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, cfiva.org would like to introduce to you Signs You have Won Your Social Security Disability Hearing. Following along are instructions in the video below:
Hi. There this is jonathan ginsberg. Im a social security disability.
Attorney and today. Today. Id like to answer.
The question. What are some signs that ive my case at a hearing and i will tell you i get this question more than anything else on my youtube channel and on my website. People will send me an email or make a comment describing what happened at their hearing in their medical condition and say do you think i want and its very frustrating because i have no way to know because obviously i wasnt at the hearing.
Im clearly not the best person asked that your attorney would be the best person to ask they were there they would have a better idea. What the evidence showed. What the judges judge was like the judges temperament.
How the vocational expert questioning went that sort of things so. Im really not the best person to ask i know people will still ask me and i try to give them an answer i try to be positive if theyve got a significant medical problem and a lot of times. You know based on the medical problem.
I can say yes. This seems like a person whose mother is likely to have one. But i kind of went through and made a list of some of the factors about whether somebody won or not and i realized also that judges can be difficult to read a lot of them are very very careful about not showing which way theyre leaning or you may have a judge just a nice person friendly person.
But its not going to approve you so it can be very difficult to read judges. And ive learned a long time ago dont try to assume that the judge is going to approve based on what the judge says or does or nods or whatever at the hearing. Theres other factors that come into play.
And so these are the things i kind of look for i think the biggest thing is when the judge asks a question of vocational witness and the answer is there are no jobs. So if the judge asks only one question of vocational witness. And it provides and the question includes a lot of limitations and the vocational witnesses answer is there are no jobs.
Thats a pretty good chance that youve won because the judge has basically put all the limitations that he or she has identified for you put them into that question for this hypothetical person. Ask the vocational witness. The vocational witness says no there is no other evidence there that would say you could work or youre not disabled.
So thats usually a pretty good sign. If the judge asks three or four questions. The vocational witness.
The first one maybe based on the state agency or social securitys internal doctors functional capacity evaluation and probably will show that there are jobs you can do but if the rest of the questions yield the result there are no jobs. Thats probably a pretty good sign as well because again judges are concerned about getting being reviewed by the appeals council. So they will always ask a question or someone will ask a question that yields a result that there are jobs and the rest of them that there are not jobs.
The judge and his decision or her decision will try to differentiate those different different questions and show that he or she found that you have significant limitations not just mild limitations. I think when all the evidence in your file discusses job reliability. Thats a good sign so.
As i said to other videos disabilities about how you function at work or whether youd be able to function at work as a better way to put it so.
If you have a really strong medical record and your doctor has gone on record to say that you would not be reliably youd miss excessive days from work or you have to take unscheduled breaks or you would need to be lie down or be off task for 20 of the day. And thats the only medical record in the file. And even though the some of the consultative evaluation.
Says youve got some different problems if there is no contrary evidence. The judge is gonna have to really work hard to deny your claim now under current law. The judge could rely on the state agency medical opinion to deny your case.
But again. If you have a treating physician and a consultative doctor saying something different they actually saw you or the internal associated doctor. Did not thats usually a pretty good sign that youre going to win your case.
If the judge asks no questions at all that usually means your case is either really weak or its really strong and the reason for that is the judge could deny your case at a different stage of the they called the five step sequential evaluation process. So the judge decides you dont have a severe impairment. Which i think is step two or three that he could didnt he or she could deny your case.
And i think its step three. But i think about it but bottom line is isnt that if the judge decides youve got a non severe impairment. He or she is going to deny your case or if the medical record is so overwhelmingly in your favor.
That the judge doesnt have to ask questions. The vocational witness. Because youve proved that you meet a listing.
Then youre going to win your case. So again. I dont like to tell people that if a judge asks no questions that means you won.
But certainly if you have a decent medical record in your case is relatively strong. No questions typically is a good sign. But dont forget that if as judge asks no questions he could completely find you not incredible.
And he could deny your case as well. But thats probably less likely to happen. But i just be aware of that i would also look at the judges record of approving cases you can go to disability judges calm and theres other websites.
But thats one i use and if you see that your judge has a vyses the average in the hearing office is 43. Your judge is 65 things went pretty well at the hearing you could probably assume the things went well for you as well on the other hand. If the judge approves.
17 of cases and the judge asked a lot of really tough questions of you and most of the vocational witness questions got the answer that there are plenty of jobs that such a hypothetical person could do probably not a real good sign so again look for judges with the the approval rates of the various judges and compared to the judges. That hearing office and if the judge has a higher than average or even an average approval rate and your medical record is pretty strong youre going to be in pretty pretty good shape. So those are some of the things i look at but again i would caution you and i would encourage you to talk to your lawyer.
Because what im telling you on a video or what i tell you in any response to a comment on my youtube channel. I have no way of knowing i just cannot know whether you have a shot at winning. Yeah again with all due respect youre describing what you perceived to be the strengths and weaknesses of your case.
Without looking at them at record no way for me to know that so i really cant answer.
The question. Appropriately your lawyers. A better person to do that but again.
Though some of the things i look at what im talking to my own clients. I just gave you and i hope you do find that helpful and giving you some reassurance because again. I think that this is a long process.
I know how frustrating. It frustrating. It can be to wait two or three years to get to a hearing and then only to find that the judge youve got it doesnt improve anybody so i hope that doesnt happen to you i hope youve got a fair judge and youve got good medical records.
And that you do win your case. I hope you found this helpful. If you like this video found helpful please give me a thumbs up on youtube like it on facebook leave me a comment.
I really enjoy comments reading the comments and i find it very helpful gives me ideas for other videos. So do leave me a comment on. Facebook or on youtube and visit my website at ssd answerscom.
Ive got a sign up there for a secrets to earning disability survival kit. I think of fun some useful information there and on the blog at ssd interestcom slash blog. I put a lot of free stuff out there how various websites meet a listing com rid rules dotnet and some other ones.
But i think youll find these very useful. So i hope again you found all this very helpful and if you have any questions or would like a case evaluation. And youve not gone to here.
And youre starting the process. Please reach out to me happy to do that for you as well. Again.
My name is jonathan ginsberg. Wish you all the best thanks. A lot hi.
This is jonathan ginsberg and i hope you found this video. Helpful. If youd like to know more about how to win your social security disability case.
Id like to invite you to download my secrets to getting approved early survival kit. But i created just for people like you currently im making the survival kit available at no cost and i encourage you to grab your copy now some of the topics. I cover include how do i know if i have a case.
Its at the right time for me to file my claim nine common mistakes that can doom your case. The three must have arguments you use to win your case and a topic that every disability. Clinton wants to know how to avoid trick questions from the judge.
If you are a loved one you need to win social security disability benefits youll find the survival kit essential reading download your survival kit right now and at no cost just visit ssd answerscom backslash survival and sign up. Its that easy please act. Now and as always i wish you the best music you .
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