The Judge Lied When Denying my Case – Do I have any Recourse
If you receive an unfavorable decision from the Social Security disability judge, you are not going to be happy, for obvious reasons. I regularly get emails and …
I don’t know if I feel the judge lied or not I’m to busy trying to figure out if he was on drugs or something or hell did he think I was too stupid to not know when someone’s screwing me over. If he only could read the letter I wrote him. And why is it I contact you and the freedman office contacts me and only wants to see my last denial I need a lawyer a good one who actually has enough power and balls to take on the whole shabang I want all 3 reviewed and I wanna know why was I offered a full favorable decision one min then went to see a lawyer and all of a sudden my case is absolutely screwed up .. you gonna help me or do I gotta keep waiting for someone who can.
Sound a lot like mine
Anything that is not correct inside quotation marks, in my opinion, is a lie. However, people get upset about incorrect statements or lies that are written in decisions, that have no bearing on the decision. It is really important not to give attention to those things, and focus on relevant statements. I have seen an ALJ that makes the same "mistake" in many of his appeals that can be read online. I just wonder how many others happened that did not get a remand…sad, but true!
I know if a situation where what was written was an absolute fabrication- I call that a "lie". Thankfully, after a federal appeal it was rectified. I believe this happens more than people know, and most people just give up.
What if you ended up getting a very very biased ALJ judge that denied you solely on the basis of you 1) being a mother (of a special needs child I might add) 2) being able to drive a car (which several people who receives social security disability or SSI drive cars) or 3) that you took some college courses. These three reasons was constantly repeated in my (over 15 page) decision letter.
My medical history supported everything I was saying; however, I knew I would have a uphill battle due to my age (being 36 at the time of my hearing I'm now 37). I suffer from so many medical issues that I cannot list them all here. At one point, I've had three surgeries in one year (and that was all documented). I've been walking with a cane for the last 5 years due to osteoarthritis and sciatica in my lower back (which can be unbearable at times).
I had my hearing on 5/10/19 and was not expecting to hear anything back for at least maybe a month or so. However, my advocate (who represented me at the hearing and who was working to build my case for this hearing) informed me that she had already received information back from the ALJ and it was a very much unfavorable decision. As I stated before, it listed in my opinion, things that were apart my everyday life and had nothing to do with my abilities or inabilities (at least in my opinions). Me care for my special needs son (as the primary parent) should be a demanding factor on if I am disable or not? This ALJ didn't even ask me if I receive help with his care. If she would have ask me, I would have told her yes! yes I do.
My child receives services for child with intellectual and developmental disabilities. In addition, I have to have a car to get me and my child back and forth to doctor and therapy appointments. I have to get essential items for my household. Lastly, the education part was merely circumstantial. I was unsure how life was going to turn out for me, so I made the decision to try to go back to school to complete a bachelor's degree, but that didn't work out due to my ongoing health issues.
It's hard for someone who worked since they were 16 yrs young, then to get taking out of commission by injuries then medical illnesses at a very early age. It's been extremely devastating for me and my family. So when ALJ make decisions based off of misinformed information or just plain bias that says a lot to me. I know I making a strong accusation; however, just think about it like this… as Mr. Ginsberg stated before they rather not have to approve more people that are under the age of 50 (especially under the age of 40) because these ALJ's feel like you haven't paid enough into the "system" to warrant receiving disability benefits even if you have well documented medical history that proves otherwise and that's what's up!
Hello Mr Ginsberg, I received my first denial back in january 2020. Freidman is representing me, so back to a ton of paperwork. I was wondering your thoughts on this whole pandemic and it's effect on disability?
The Judges signs the determinations , then they are reasonable. My Judge threw out the Grid Rules and my primary Drs file and statement because there was " supported evidence sent ". Well he has the whole file and it was current. The Pain Management Dr was not even recognized because he only sees once a month to do epidurals, facet injections or ablations.. Coronary Dr was thrown out because he was not at the hospital when I had my heart attacks. Orthopaedic surgeon was not even addressed. PTSD was not addressed. Appeals Council will not allow a review. So I am 62 and now we go to District Court. Mr Ginsburg referred me to my attorney and they are appalled by the rulings. Even the work specialist said I couldn't work fulltime. I am on 22 meds. Some twice a day and some 4 times. Fort Worth, TX is screwed up.
i received a unfavorable decision but reading the judges findings, he indicated that I was not disabled per social security definition but said I have not reached (at the time) advanced age and was ok for light duty work….Im confused because my understanding is with SS you are either disabled or not unlike VA. He also refused 3 doctors, all SS docs, assessment of my PTSD disorder…..
Question: At my hearing in 2017, the Vocational Expert testified that there no jobs that I could perform. I was eventually denied. In the denial letter, the writer quoted the VE as saying that I could perform light duty work. I don’t know how me or my attorney didn’t see this quotation. My case was appealed to the AC for review. They also denied me in 2018. It wasn’t until months later, when I started a new case, that I noticed the mis quote from the VE in my denial letter. I am waiting for the assignment of a judge for my new (current) case. Is there anything I can do about it now?
What if DDS lied?
I have a question and this is your most recent video, so I'll ask here. The DDS has a DDE report. It's the disability determination explanation report and it's what they use to write your denial if you're denied. Do you know of a CFR or HALLEX that states that the mailed denial to the claimant, meaning the specific reason why u were denied has to be the same conclusion given / found in their DDE report? Put differently, can the reason you're given in the mailed denial be a night & day different reason that their reason in their findings used in their report? Also, if the doctor THEY used to come up with the answer if you have an impairment that meets a listing and marked as severe, is DDS allowed to completely ignore those findings?
Hi Jonathan it’s Chriss from HAWAII listen I want to ask you what’s new for Social Security new rules for 2020 I heard now they said English language (people who don’t speak English) itis not the factor to get disability 😬also they want to revise all ALJ judge decision for past three years from 2017 it has been half 1 million people who where approved for grid rules ,,,,is that true?!??
You made a video on adhd but not learning disability
Hi Mr. Ginsberg. Does Lawyers get paid $6,000 if they help u fill out your initial application and get approved at the initial stage? Or do they get paid less?
I'm so nervous about this whole process! Filed online myself, carried a couple thousand pages of med recs to my local SS office & just had my psychiatric consult today. Psychiatrist said that SSDA will have my report this week & told me that the decision isn't his to make (I hadn't asked). I'm nervous because I know now what I have to look forward to if I'm denied at this initial phase. I'm also reassured because I know I'll be hiring Mr. Ginsberg if I need help! Before going to my exam, I watched an older video about what to expect & it was just as Mr. Ginsberg had said it would be! I was in front of the Psych for at least 30 minutes or so, his assistant for about 10 and I told the truth! Literally trying not to hold my breath!
Q14: What changes did we make to our rules about how we consider decisions from other governmental agencies and nongovernmental entities?
A14: For claims filed on or after March 27, 2017, we will not provide any written analysis in our determinations and decisions about how we consider decisions made by other governmental agencies or nongovernmental entities that an individual is disabled, blind, or unemployable in any claim for disability or blindness under titles II and XVI of the Act because those decisions are inherently neither valuable nor persuasive to us. However, we will continue to consider relevant medical and other evidence that supports or underlies other governmental agencies' or nongovernmental entities' decisions that we receive based on the applicable evidence categories discussed above.
Totally different topic Mr Ginsberg. I have a question that seems to be not found on google or asked or answered anywhere. My SSDI appeal hearing was this past mid December 2019. Somehow the ALJ corresponds with my lawyer asking her to ask me for an amended onset date agreement via phone and email which I obliged. It was the beginning of this past February way AFTER my hearing in Dec. The main thing to take away from my question/statement here is why a month and a half AFTER the hearing was this asked of me? Is this normal? Is this a positive outlook for my case? Almost 90 days now with no letter from them makes me wonder. You should perhaps make a video on this topic. Thank you kindly.
I have a Chiari Brain Malformation, endometriosis, painful bladder syndrome, and IBS all doctor diagnosed that can cause chronic nausea. I live in Montana and my neurologist prescribed a medical marijuana card because of my nausea from these conditions. The JUDGE in his final decision diagnosed me with cannabis hyperemesis syndrome and decided all my nausea is actually FROM cannabis. This was never in any of my medical records it was solely his opinion… is that even legal?
Misreporting is outright lie. Well they need to reevaluate the evidence that is a screw over Question of fact!!!!! Errors are not acceptable!!!!
Jonathan I just received my social security disability unfavorable decision. So let me ask you this if the judge did not acknowledge any of my residual capacity report and did not even mention the grid rules. I started my disability claim at age 62, I am now 64 I will be 65 this August. My attorney did appeal, and before here and she stated I had a strong case. Plus the vocational expert contradicted herself we're saying I don't have any transferable skills and then I do have transferable skills and says I can do light duty. But I can only sit for an hour and stands for 10 minutes. Plus my hands go numb and painful on and off all day making typing very difficult and slow. This is due from the fact I have a degenerative intra vertical in my neck that causes my severe hand pain every day. I feel the judge was unfair and looking at all of my limitations. Can you please give me your advice on what I just stated I really would appreciate it. I want your videos all the time and they really helped me in my hearing that I had January 2020 but it seems like my hearing fell on deaf ears.!!! Plus the fact this judge approves 16% of cases.
Can you do a video on accute exacerbated asthma combined with back, knee and depression? Love your videos.
Judge wrote I was 26 when I was 29
Does it even matter if they lie or not!? Seeing how they have to or will deny 70% of claims! Plus those 30% that do get approved will now be part of the new 70% that have to be denied in the next 3 to 7 year time frame.
Hi Jonathan, thank you for your clear information videos. I am reviewing them frequently for clarity on this ssdi system works. If a case is found unfavoranle at the appeal council level…Can the evidence gathered over the course of 4 years be used along with new findings of objevtive evidence when opening a new case if a claimant relocates from one state to another and files a new disability application?
I requested a recording of my hearing and a copy of what was in my file.I look through my files,and listen to my hearing at what the judge "misinterpret" i said at hearing.I made notes of the alj misleading statments,highlighted where 4 doctors tested me with machines and said i could not work in my files.I did my own homework and highlighted things and gave to my lawyer to send with what ever my lawyer did.My case was reprimand back to alj now im waiting for another hearing or for them to go ahead and approve it.Its best for you to get a copy of your hearing,and whats in file.It takes a while to document erything ,but for me getting my apleal reprimand it was worth it
file a complaint with the Division of Qualify Service,
file a complaint with the Division of Qualify Service,
🗣🎤 Please advise…ALJ set aside over $14,000 to pay my lawyer who signed up( & notified me AFTER my fully favorable approval) for $6000…am I to receive the difference??
The administrative law judges do intentionally, maliciously lie. In my case, the ALJ ordered me to an independent medical exam. I wrote back agreeing to attend the exam provided that the doctor they would have examine me would be qualified in the correct area of medicine, agree in advance to review the medical record, and agree in advance that the exam would be recorded. The ALJ never responded and never set up the exam. Also, the judge faulted me for not following through on medical treatments even though there was evidence in the record that my insurance had run out and I had no way pay a doctor. The ALJ also intentionally misrepresented the information in the recorded re-hearing. He relied upon his misinterpretation in order to deny a very large portion of my claim.
i lost my first case went all the way to the a.c , couldn't get anyone to take it any higher, the ppl the lawyer sent my case to in another state since they done do federal here, wouldn't take it. but ya, there were errors on mine. acc to the ssa dr's my hearing is getting better and returning to normal, theres nothing wrong with my back or neck and i shouldent be in any pain whatsoever, so i should have no problem doing my previous work. funny, ive got severe degenerative spinal arthritis, will be getting a implanted spinal neurostimulator in lower back. have have disks in back against spinal cord, same in neck 3 in ea area, have menieres in both ears, dont have a drivers license, havent drove in what 6-7 yrs now at least, i surrendered my license in 2017 when i renewed it cause they would have just taken it anyways, and got a id, but the judge in decision says and it could be writers fault because i told judge i dont drive and the reason why and that i only have a id, and pll take me to my dr appts, but he or they , i drive daily to go shopping and to go to all my dr appts myself.. proof was sent to the ac of this error but it didnt matter, had to refile, but this time i lose the ssdi do to dli time limit and will only get ssi instead, but now my case is falling under some special ruling and again im waiting on a hearing date because the original judges decision still stands, which is total bs. so i guess im to go back to work doing maintenance lifting stuff up to and over 100 lbs with and neurostimulator in my spine and rip the leads out or get accidentally electrocuted and really be in trouble. but hey as long as the ssa dont have to pay anything they dont care. and my original judge only had a 34% approval rate.
Question: Does the appellate attorney have access to the verbal recording of the ALJ hearing when preparing an appeal?
The judge I had stated in his decision that I could do eleven things that I haven’t been able to do for years. The appeals council is useless and I’ve had to start over again My judge had a 27% approval rate which really tells me what I need to know. Sometimes your luck of the draw is just crappy.
Question: the ALJ gives you an onset date, can ssc change it to an earlier date which will give you a larger back pay if they know that you where disabled before the ALJ's onset date?
Video idea "how does Social Security see Er doctors in your disability case?"
Mr. Ginsberg you have the patience of Job. Thank you for sharing your wisdom and your knowledge. I am 61 years old nurse of over 42 years. I am in the process of building my case just as you have described in your many videos. I want my ducks in a row before I seek help from an attorney and/or face a judge. Again, I thank you.
There is also lying by omission. My judge completely ignored my positive objective tests that proved my listed condition. The judges decision was written in such a way that it was obvious it was manipulated on purpose to deny my case. It ignored my long standing physicians, giving very little weight to, treating my condition and instead highlighted Drs I had seen only once and went on to twist what that Dr wrote. It was a deliberate misrepresentation and was written as if the judge was also prosecutor. My lawyer said my judge is known for this behavior. My lawyer also said I have a very strong case. It’s been almost a year now that my case has been waiting in line at the appeals council. You are correct about not taking it personally and to state the facts calmly and matter of factly. Yet at this stage I don’t get the chance to respond and refute before anyone else unless the AC sends it back to that same judge to fix his errors. Maybe it’s a new trend but I get the sense they want to drag it out so far and long that we “give up or die.”
I don’t know if I feel the judge lied or not I’m to busy trying to figure out if he was on drugs or something or hell did he think I was too stupid to not know when someone’s screwing me over. If he only could read the letter I wrote him. And why is it I contact you and the freedman office contacts me and only wants to see my last denial I need a lawyer a good one who actually has enough power and balls to take on the whole shabang I want all 3 reviewed and I wanna know why was I offered a full favorable decision one min then went to see a lawyer and all of a sudden my case is absolutely screwed up .. you gonna help me or do I gotta keep waiting for someone who can.
Sound a lot like mine
Anything that is not correct inside quotation marks, in my opinion, is a lie. However, people get upset about incorrect statements or lies that are written in decisions, that have no bearing on the decision. It is really important not to give attention to those things, and focus on relevant statements. I have seen an ALJ that makes the same "mistake" in many of his appeals that can be read online. I just wonder how many others happened that did not get a remand…sad, but true!
I know if a situation where what was written was an absolute fabrication- I call that a "lie". Thankfully, after a federal appeal it was rectified. I believe this happens more than people know, and most people just give up.
What if you ended up getting a very very biased ALJ judge that denied you solely on the basis of you 1) being a mother (of a special needs child I might add) 2) being able to drive a car (which several people who receives social security disability or SSI drive cars) or 3) that you took some college courses. These three reasons was constantly repeated in my (over 15 page) decision letter.
My medical history supported everything I was saying; however, I knew I would have a uphill battle due to my age (being 36 at the time of my hearing I'm now 37). I suffer from so many medical issues that I cannot list them all here. At one point, I've had three surgeries in one year (and that was all documented). I've been walking with a cane for the last 5 years due to osteoarthritis and sciatica in my lower back (which can be unbearable at times).
I had my hearing on 5/10/19 and was not expecting to hear anything back for at least maybe a month or so. However, my advocate (who represented me at the hearing and who was working to build my case for this hearing) informed me that she had already received information back from the ALJ and it was a very much unfavorable decision. As I stated before, it listed in my opinion, things that were apart my everyday life and had nothing to do with my abilities or inabilities (at least in my opinions). Me care for my special needs son (as the primary parent) should be a demanding factor on if I am disable or not? This ALJ didn't even ask me if I receive help with his care. If she would have ask me, I would have told her yes! yes I do.
My child receives services for child with intellectual and developmental disabilities. In addition, I have to have a car to get me and my child back and forth to doctor and therapy appointments. I have to get essential items for my household. Lastly, the education part was merely circumstantial. I was unsure how life was going to turn out for me, so I made the decision to try to go back to school to complete a bachelor's degree, but that didn't work out due to my ongoing health issues.
It's hard for someone who worked since they were 16 yrs young, then to get taking out of commission by injuries then medical illnesses at a very early age. It's been extremely devastating for me and my family. So when ALJ make decisions based off of misinformed information or just plain bias that says a lot to me. I know I making a strong accusation; however, just think about it like this… as Mr. Ginsberg stated before they rather not have to approve more people that are under the age of 50 (especially under the age of 40) because these ALJ's feel like you haven't paid enough into the "system" to warrant receiving disability benefits even if you have well documented medical history that proves otherwise and that's what's up!
Hello Mr Ginsberg, I received my first denial back in january 2020. Freidman is representing me, so back to a ton of paperwork. I was wondering your thoughts on this whole pandemic and it's effect on disability?
The Judges signs the determinations , then they are reasonable.
My Judge threw out the Grid Rules and my primary Drs file and statement because there was " supported evidence sent ". Well he has the whole file and it was current.
The Pain Management Dr was not even recognized because he only sees once a month to do epidurals, facet injections or ablations..
Coronary Dr was thrown out because he was not at the hospital when I had my heart attacks.
Orthopaedic surgeon was not even addressed.
PTSD was not addressed.
Appeals Council will not allow a review.
So I am 62 and now we go to District Court.
Mr Ginsburg referred me to my attorney and they are appalled by the rulings.
Even the work specialist said I couldn't work fulltime.
I am on 22 meds. Some twice a day and some 4 times.
Fort Worth, TX is screwed up.
i received a unfavorable decision but reading the judges findings, he indicated that I was not disabled per social security definition but said I have not reached (at the time) advanced age and was ok for light duty work….Im confused because my understanding is with SS you are either disabled or not unlike VA. He also refused 3 doctors, all SS docs, assessment of my PTSD disorder…..
Question: At my hearing in 2017, the Vocational Expert testified that there no jobs that I could perform. I was eventually denied. In the denial letter, the writer quoted the VE as saying that I could perform light duty work. I don’t know how me or my attorney didn’t see this quotation. My case was appealed to the AC for review. They also denied me in 2018. It wasn’t until months later, when I started a new case, that I noticed the mis quote from the VE in my denial letter. I am waiting for the assignment of a judge for my new (current) case. Is there anything I can do about it now?
What if DDS lied?
I have a question and this is your most recent video, so
I'll ask here. The DDS has a DDE report. It's the disability determination
explanation report and it's what they use to write your denial if you're
denied. Do you know of a CFR or HALLEX that states that the mailed denial to
the claimant, meaning the specific reason why u were denied has to be the same
conclusion given / found in their DDE report? Put differently, can the reason
you're given in the mailed denial be a night & day different reason that
their reason in their findings used in their report? Also, if the doctor THEY
used to come up with the answer if you have an impairment that meets a listing
and marked as severe, is DDS allowed to completely ignore those findings?
Hi Jonathan it’s Chriss from HAWAII listen I want to ask you what’s new for Social Security new rules for 2020 I heard now they said English language (people who don’t speak English) itis not the factor to get disability 😬also they want to revise all ALJ judge decision for past three years from 2017 it has been half 1 million people who where approved for grid rules ,,,,is that true?!??
You made a video on adhd but not learning disability
Hi Mr. Ginsberg. Does Lawyers get paid $6,000 if they help u fill out your initial application and get approved at the initial stage? Or do they get paid less?
I'm so nervous about this whole process! Filed online myself, carried a couple thousand pages of med recs to my local SS office & just had my psychiatric consult today. Psychiatrist said that SSDA will have my report this week & told me that the decision isn't his to make (I hadn't asked). I'm nervous because I know now what I have to look forward to if I'm denied at this initial phase. I'm also reassured because I know I'll be hiring Mr. Ginsberg if I need help! Before going to my exam, I watched an older video about what to expect & it was just as Mr. Ginsberg had said it would be! I was in front of the Psych for at least 30 minutes or so, his assistant for about 10 and I told the truth! Literally trying not to hold my breath!
Q14: What changes did we make to our rules about how we consider decisions from other governmental agencies and nongovernmental entities?
A14: For claims filed on or after March 27, 2017, we will not provide any written analysis in our determinations and decisions about how we consider decisions made by other governmental agencies or nongovernmental entities that an individual is disabled, blind, or unemployable in any claim for disability or blindness under titles II and XVI of the Act because those decisions are inherently neither valuable nor persuasive to us. However, we will continue to consider relevant medical and other evidence that supports or underlies other governmental agencies' or nongovernmental entities' decisions that we receive based on the applicable evidence categories discussed above.
Totally different topic Mr Ginsberg. I have a question that seems to be not found on google or asked or answered anywhere. My SSDI appeal hearing was this past mid December 2019. Somehow the ALJ corresponds with my lawyer asking her to ask me for an amended onset date agreement via phone and email which I obliged. It was the beginning of this past February way AFTER my hearing in Dec. The main thing to take away from my question/statement here is why a month and a half AFTER the hearing was this asked of me? Is this normal? Is this a positive outlook for my case? Almost 90 days now with no letter from them makes me wonder. You should perhaps make a video on this topic. Thank you kindly.
I have a Chiari Brain Malformation, endometriosis, painful bladder syndrome, and IBS all doctor diagnosed that can cause chronic nausea. I live in Montana and my neurologist prescribed a medical marijuana card because of my nausea from these conditions. The JUDGE in his final decision diagnosed me with cannabis hyperemesis syndrome and decided all my nausea is actually FROM cannabis. This was never in any of my medical records it was solely his opinion… is that even legal?
Misreporting is outright lie. Well they need to reevaluate the evidence that is a screw over Question of fact!!!!! Errors are not acceptable!!!!
Jonathan I just received my social security disability unfavorable decision. So let me ask you this if the judge did not acknowledge any of my residual capacity report and did not even mention the grid rules. I started my disability claim at age 62, I am now 64 I will be 65 this August. My attorney did appeal, and before here and she stated I had a strong case. Plus the vocational expert contradicted herself we're saying I don't have any transferable skills and then I do have transferable skills and says I can do light duty. But I can only sit for an hour and stands for 10 minutes. Plus my hands go numb and painful on and off all day making typing very difficult and slow. This is due from the fact I have a degenerative intra vertical in my neck that causes my severe hand pain every day. I feel the judge was unfair and looking at all of my limitations. Can you please give me your advice on what I just stated I really would appreciate it. I want your videos all the time and they really helped me in my hearing that I had January 2020 but it seems like my hearing fell on deaf ears.!!! Plus the fact this judge approves 16% of cases.
Can you do a video on accute exacerbated asthma combined with back, knee and depression? Love your videos.
Judge wrote I was 26 when I was 29
Does it even matter if they lie or not!? Seeing how they have to or will deny 70% of claims! Plus those 30% that do get approved will now be part of the new 70% that have to be denied in the next 3 to 7 year time frame.
Hi Jonathan, thank you for your clear information videos. I am reviewing them frequently for clarity on this ssdi system works. If a case is found unfavoranle at the appeal council level…Can the evidence gathered over the course of 4 years be used along with new findings of objevtive evidence when opening a new case if a claimant relocates from one state to another and files a new disability application?
I requested a recording of my hearing and a copy of what was in my file.I look through my files,and listen to my hearing at what the judge "misinterpret" i said at hearing.I made notes of the alj misleading statments,highlighted where 4 doctors tested me with machines and said i could not work in my files.I did my own homework and highlighted things and gave to my lawyer to send with what ever my lawyer did.My case was reprimand back to alj now im waiting for another hearing or for them to go ahead and approve it.Its best for you to get a copy of your hearing,and whats in file.It takes a while to document erything
,but for me getting my apleal reprimand it was
worth it
file a complaint with the Division of Qualify Service,
file a complaint with the Division of Qualify Service,
🗣🎤 Please advise…ALJ set aside over $14,000 to pay my lawyer who signed up( & notified me AFTER my fully favorable approval) for $6000…am I to receive the difference??
The administrative law judges do intentionally, maliciously lie. In my case, the ALJ ordered me to an independent medical exam. I wrote back agreeing to attend the exam provided that the doctor they would have examine me would be qualified in the correct area of medicine, agree in advance to review the medical record, and agree in advance that the exam would be recorded. The ALJ never responded and never set up the exam. Also, the judge faulted me for not following through on medical treatments even though there was evidence in the record that my insurance had run out and I had no way pay a doctor. The ALJ also intentionally misrepresented the information in the recorded re-hearing. He relied upon his misinterpretation in order to deny a very large portion of my claim.
i lost my first case went all the way to the a.c , couldn't get anyone to take it any higher, the ppl the lawyer sent my case to in another state since they done do federal here, wouldn't take it. but ya, there were errors on mine. acc to the ssa dr's my hearing is getting better and returning to normal, theres nothing wrong with my back or neck and i shouldent be in any pain whatsoever, so i should have no problem doing my previous work. funny, ive got severe degenerative spinal arthritis, will be getting a implanted spinal neurostimulator in lower back. have have disks in back against spinal cord, same in neck 3 in ea area, have menieres in both ears, dont have a drivers license, havent drove in what 6-7 yrs now at least, i surrendered my license in 2017 when i renewed it cause they would have just taken it anyways, and got a id, but the judge in decision says and it could be writers fault because i told judge i dont drive and the reason why and that i only have a id, and pll take me to my dr appts, but he or they , i drive daily to go shopping and to go to all my dr appts myself.. proof was sent to the ac of this error but it didnt matter, had to refile, but this time i lose the ssdi do to dli time limit and will only get ssi instead, but now my case is falling under some special ruling and again im waiting on a hearing date because the original judges decision still stands, which is total bs. so i guess im to go back to work doing maintenance lifting stuff up to and over 100 lbs with and neurostimulator in my spine and rip the leads out or get accidentally electrocuted and really be in trouble. but hey as long as the ssa dont have to pay anything they dont care. and my original judge only had a 34% approval rate.
Question: Does the appellate attorney have access to the verbal recording of the ALJ hearing when preparing an appeal?
The judge I had stated in his decision that I could do eleven things that I haven’t been able to do for years. The appeals council is useless and I’ve had to start over again My judge had a 27% approval rate which really tells me what I need to know. Sometimes your luck of the draw is just crappy.
Question: the ALJ gives you an onset date, can ssc change it to an earlier date which will give you a larger back pay if they know that you where disabled before the ALJ's onset date?
Video idea "how does Social Security see Er doctors in your disability case?"
Mr. Ginsberg you have the patience of Job.
Thank you for sharing your wisdom and your knowledge. I am 61 years old nurse of over 42 years. I am in the process of building my case just as you have described in your many videos. I want my ducks in a row before I seek help from an attorney and/or face a judge. Again, I thank you.
There is also lying by omission. My judge completely ignored my positive objective tests that proved my listed condition. The judges decision was written in such a way that it was obvious it was manipulated on purpose to deny my case. It ignored my long standing physicians, giving very little weight to, treating my condition and instead highlighted Drs I had seen only once and went on to twist what that Dr wrote. It was a deliberate misrepresentation and was written as if the judge was also prosecutor. My lawyer said my judge is known for this behavior. My lawyer also said I have a very strong case. It’s been almost a year now that my case has been waiting in line at the appeals council. You are correct about not taking it personally and to state the facts calmly and matter of factly. Yet at this stage I don’t get the chance to respond and refute before anyone else unless the AC sends it back to that same judge to fix his errors. Maybe it’s a new trend but I get the sense they want to drag it out so far and long that we “give up or die.”
Misreport is also a lie.