What Does a Strong Opening Statement Sound Like in Your Disability Hearing?

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What does an opening statement sound like in a Social Security disability case? In this video, I present to you an example of an opening statement very similar to one that I presented to a judge in a recent hearing.
Clear and compelling opening statements are even more important in SSDI and SSI claims in 2017 and beyond because judges are overworked and often not able to find the time to read every page of every medical report in your file. I do read every word and I use my opening statements to provide the judge a concise summary of my client’s claim.
You will notice in this opening statement example that I reference specific medical records by page number and I explain the progression of my client’s medical issues over time. I also focus on my client’s long work history and, in this particular case, her struggles to try to return to work.
In addition to preparing an opening statement, I also prepare a direct examination of my client and a cross examination of the vocational witness. I also summarize my client’s medical record into a 2 page “hearing worksheet” that I use for quick reference to specific medical exhibits.
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Jonathan Ginsberg
Social Security Disability Attorney
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Опубликовано:

14 янв 2017

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Комментарии : 96

@lynettelocklear2784 3 года назад

I want to say THANK YOU FROM THE BOTTOM OF MY HEART!!! I followed every thing you said! I had no lawyer and I WON!!!!!!! MY GOD SMILE DOWN ON YOU!!!!!

@ssdattorney 3 года назад

Lynette, that is great news. Congratulations. If you get a minute and would be willing to post a testimonial about my videos I would be grateful: bit.ly/video-thankyou

@Kenscialoia 3 года назад

Excellent opening statement, you are worth every penny.

@leb5410 2 года назад

My attorney gave an opening statement and I won my case right then and there. It didn’t go any farther. The judge totally agreed.

@ssdattorney 2 года назад

I love when this happens!

@jenniferfonzo1168 6 лет назад

After 3.5 years I just received my letter from the judge, Fully Favorable. Thank god now I can help provide for my family. It’s been so difficult

@danlee6712 5 лет назад

Jen Vlogs and stuff: Congratulations, I am finally having my hearing July 18th, 2019..and before that I had 3 denial letters. Did you get representation? Sandy (Dan Lee's wife)

@MD-ii3ry 4 года назад

You get full back pay?

@angelsbutterflies6293 3 года назад

Was you're hearing over the phone? I see you said you had 3 denails before and I'm hiring another attorney that Mr. Ginsberg recommends so I've just gotta get the paperwork filled out and in the past my old attorney he was very unnecessary and you all would agree with me but it would take me to long to tell you why. But I'm praying this time that it won't take forever once it's started before I've been waiting for so long now and the last time i almost won by the hair of my head and i think it's because they didn't want to pay all the back pay that i would have received if i had own. Because the Judge made a comment of how much money i had made during those certain years and i worked for it and my health just started declining more over the last 3 years and if i would have had a better attorney at that time i believe i would have won. He didn't even prep me or anything like he said he was gonna do. I could never get ahold of them and it was an awful experience with my old attorneys and the new ones I'm fixing to go with they answer any of my questions anytime and thats great for me.

@sandralewin5920 4 года назад

My hearing is 4/15/20...I am scared to death that I will be denied. My choice in a local attorney was a bad move, and its too late to switch for fear of not getting any one to take me at such a late date and/or having the court think I was "shopping " for a yes man. Thank you for these videos, I have gained more knowledge and confidence that I badly needed. God Bless.

@EmerialynCodeVenice Год назад

I've been watching all of these videos and they have been extremely helpful. Thank you so much again for doing these. You're helping countless people long after you first posted these.

@mandyjacotin8321 3 года назад

Wow - that was a slam dunk. She must have been approved on the spot. And no I did not know you can get disability for a past period retroactively. Thank you, Jonathan.

@moonbeam606 3 года назад

IV gotten more from you and your tatories then IV gotten from my attorney. My final court date is in a few days and IV only met my lawyer once in two yrs. Wish me luck I'm going to need it but I'm prepared because of you johnathon

@ssdattorney 3 года назад

THank you and good luck at your hearing. However you get the knowledge, use it to win.

@NessaT419 7 лет назад

I just received my denial letter. This is helpful! Thank u! All your videos are helpful. Thanks for taking the time to make these videos.

@ssdattorney 7 лет назад

You are welcome.

@gerrigamble4950 7 лет назад

Nessa419 it's their procedure to deny one or two times

@angelsbutterflies6293 3 года назад

You have so many days to appeal if you got a denial letter i forget how many days. You're attorney should know and Mr. Ginsberg

@user-hs7pt1fg2s Год назад

Hi! My hearing is July 12 2023. I have been watching these videos. Thank you for helping others!

@ssdattorney Год назад

My pleasure and good luck with your hearing. Remember to focus on work capacity issues.

@life-mm5do Год назад

My spinal stenosis developed from lifting patients for 35 years I'm a registered nurse and I have also had several herniated discs and have had spinal epidurals in my cervical and lumbar spine

@ssdattorney Год назад

With a long work history and MRI diagnosed stenosis that results in nerve compression I would think you have a good argument for disability.

@wtchone5954 2 года назад

Thank you for your help 🤓 and trying to help people 😎Excellent Video

@ssdattorney 2 года назад

My pleasure.

@GfrmdaBrnx 5 лет назад

Thank you Counselor for taking time to provide very helpful advice and information.

@ninedaysjane2466 5 лет назад

My Legal Aid rep didn't even make an opening statement and she left out some of my diagnoses. My sister & I had to correct her. No closing statement, either.

@ericr5901 5 лет назад

My hearing is set for the end of June 2019 pray with me that is to go well for me

@danlee6712 5 лет назад

Eric R: How did your hearing go?

@angelsbutterflies6293 3 года назад

Eric how did you're hearing go?

@flippingforreal109 7 лет назад

Thank you for your information and updates to social security

@ssdattorney 7 лет назад

You are welcome.

@TXLoneStar_ 6 лет назад

Very professional. Please represent me as my lawyer.

@BearPapa49 3 года назад

Mr Ginsburg, I hope My lawyer presents my case like you just did in my opening statement.

@elizabethcantu9128 2 года назад

Excelente

@dado6591 3 года назад

Great info

@jeffroberts4394 7 лет назад

another great video..

@Remrie 4 года назад

This is extremely helpful. Thank you. My only question is if judges are prone to allowing the claimant to provide their own opening statement especially when they are representing themselves. Your opening statement example is 7 minutes, I would imagine 5 minutes would be ideal, and no more than 10, by this time you've used up 1/4 of your hearing on your opening statement.

@masonamaitiswritten5305 5 лет назад

I just had my trial and my attorney did not discuss my health, my work history nor my ability not to be able to work. He used the time that we was supposed to go over the trial to get himself familiar with my case. When the trail began the judge told him that he failed to make sure that my Specialist records was on file. She gave him 30 days to put my specialists records on file. He gave her the excuse that he requested the records from company as a whole and not from the specific doctor. Lame excuse and unprofessional! The judge commented to the job specialist that “she was getting paid by Social Security and there on their behalf and if she see any job that she believe that I can do?” Of course she answered yes! . The only thing my Attorney had to say was “If she mean with intervals of 18 minute breaks!” So can you plz tell me how that question was supposed to help my case. He before the trial said to me that she is a hard judge. So why was he not speaking up and representing me? I am age 58, I have spinal stenosis, bulging disk, arthritis, inflammation in my joints, spasms in hands and feet and the judge was asking me questions like she was reading down a list in a sarcastic manner; how long can you sit, how long can you stand, how much can you lift.... she made me think and feel that she felt like “ok here we go the same answer from every money seeking person!” At that point I felt I was another on her high Daniel list and my Doctors letter on file saying that in her opinion I can not work. I am in the process of waiting for her decision. I am also ready to appeal if necessary. I need to know if I will be able to appeal will a professional Attorney.

@bzscck4496 Год назад

I have been be persecution envionment and bully way treating me , you have a good life and made troubles again and again to me .

@newheightsenrichment1311 5 лет назад

Thank you, I just received my denial paperwork.

@glitterwitch718 2 года назад

Wow it sounds almost like you described me exactly. I have several physical issues & on top of it I’m dealing w/ bipolar II depression. I’ve not been able to work since February of 2021 & am currently in the appeal process. I hired a lawyer right away in March of 2020, but my lawyer has only gathered information. I’ve only ever talked with the secretary at their office & when I went for my psych exam that seemed to be the deciding moments. I’ve yet to have an actual trial. Is this normal or have I chosen a bad attorney? They never told me what to expect, nor have they consulted with me what to say & how to say it. I found you & have been listening to many videos to try and educate myself as much as possible.

@ssdattorney 2 года назад

I can't speak to how other law firms manage cases. I will say that the most interaction you typically have with your lawyer is at the hearing stage.

@ryandixon3942 6 лет назад

I like your videos, very informative, but this may be the longest opening statement in the history of long opening statements.

@ssdattorney 6 лет назад

Most of the time my opening statements last about 5 to 7 minutes.

@angelsbutterflies6293 3 года назад

I don't mind the long opening statement. The more information i know the better.

@shyamthimmaiah712 7 лет назад

thanks for the information. here in Australia my attorney is trying to settle my case for very low Compensation to me. and the specialist doctor neurologist has mentioned the cause of eplypsy is due to the fall at work. but did not mention my ongoing side effects and my medical records. should I proceed and accept what my attorney is telling or should I wait to get all my medical records.

@ssdattorney 7 лет назад

Shyam, I can't comment about the Australian system. In general, I would rely on the advice given by your lawyer, but do your own research as well.

@1smmrbrze 4 года назад

Very Nice video I wish that I'd bumped into it 3 1/2 years back--and still waiting..😒

@ssdattorney 4 года назад

Thank you and good luck.

@lynnburton7873 2 года назад

I wish I would have had him when I still lived in GA, this man knows his stuff, I’m now still after 8 years trying to get my disability, after my lawyer I had walked away from my case, so I’m alone & going to federal court soon as I get a court date….

@francesbooth7309 3 года назад

What does it mean if your lawyer doesn't even do an opening statement, also the hearing was on phone cause of covid and I wasn't asking but a few questions myself. I have epilepsy which is unspecified intractable epilepsy (meaning uncontrollable) having cluster seizures anywhere between 2 to 7 in a day and g.i. issues that cause me to go to the bathroom alot, anywhere between 10 to 30 times a day and makes me have to change my underwear and even my pants. I've been put on every medication and so far nothing has worked.

@robingarner9532 2 года назад

Good afternoon Mr Gingsberg. I applied for disability online in 2020. When the social security disability called me they did not want any information with my past medical records. I have hired an attorney but they have not called an discussed any of medical issues or my past medical records. Should I collect all my past medical records so I am prepared since I am not being asked any questions from the attorney I hired? Thank you in advance Robin Garner

@debbiestedman6505 6 лет назад

what is your advice if a parent is the acting lawyer when going into the second hearing. This is ongoing for 5.5 years. First hearing had a terrible lawyer.

@ssdattorney 6 лет назад

I am sure that you know as much about your child's case as anyone although the system is opaque enough that non-lawyers can run into procedural issues. Just make sure that you have reviewed the evidence thoroughly and can refer to the exhibits by number (i.e., 7F page 14). I would review the child listings - www.ssa.gov/disability/professionals/bluebook/ChildhoodListings.htm (I am assuming that this is for a minor child). Know what you have to prove - the issue is not your child's medical problem but how that problem impacts work, or daily living activities. Good luck.

@angelsbutterflies6293 3 года назад

Debbie, good luck to you and you're child and i feel you're pain. My case with my old attorney which was horrible and for good reason just to long of a story to tell and i still almost won. But he dragged my case out for 6 years or more and finally I'm in the process of hiring papers for a new law firm thank goodness and i pray that all goes well this time because i almost won even though he was a bad attorney and he didn't even prep me like he told me that he was if I'd had only known and seen these videos before but better late than never. Good luck to you and best wishes.

@rodneymccain250 6 лет назад

Good video thank you how doing videos on different illnesses instead back problems every time I watch one these video y'all always talk about back problems like I got closed angle glaucoma I am blind in my left eye I have never seen a video talking about that thank you again for the video

@ssdattorney 6 лет назад

Rodney, generally speaking, to win a vision case I look at the listings at 2.02, 2.03 or 2.04. Many of these cases are approved early because they are listing level. If not at listing level (i.e. you have decent vision in your better eye) you would need some other significant medical problem to win SSD. I will add this topic to my video to do list. Thx.

@oznerolnosrac 6 лет назад

Why couldn't I have found you in September 2015 just had my hearing and I could of used all this good information you are providing her situation is similar to mine except I am unable to work due to my condition

@msdivinewonders 7 лет назад

My hearing before the judge via video is next month. I am over 50, with a 2 yr degree in art; I have arthritis in my knees, hips and neck, spinal stenosis, fibromyalgia, lower back pain sometimes, but what is limiting me is this brain fog and pain that has made my arms extra sensitive to touch. Sitting for short or long periods hurt; I have chronic headeaches and pain, with trouble concentrating and remembering. Not sure what my lawyer is going to use as my opening statement. I have not worked since 3 years ago an LPN of 3 years, but I have attempted to work, not as a nurse, but when I went on the interviews, I felt my body get sick, dizzy with headaches and I felt like I was walking in a fog. Do you think I will win my disability case?

@ssdattorney 7 лет назад

Msdevine, it is going to depend on what your doctors say about your conditions - will they go on record to say that you would not have the stamina or endurance to perform even simple tasks 8 hours a day, 5 days a week. Based on what you write it seems to me that you have a strong argument for disability.

@soyicasweet99 5 лет назад

Thank you for this video, my hearing is in 2 days

@ssdattorney 5 лет назад

You are welcome and good luck to you at your hearing.

@beccaann8573 Год назад

I never had an opening statement... Judge cut straight to ve whom said I couldn't return to previous work nor other work then done. I was dumbfounded. My attorney said that means we won... But idk.. what do you think?

@danlee6712 5 лет назад

Mr Ginsberg, I have a hearing later this month and do not have a representative, If I put in writing my opening statement, is it allowable if I read it to the judge? Sandy (Dan Lee's wife)

@ssdattorney 5 лет назад

Certainly. You can also submit in writing as a kind of pre-hearing brief.

@justashford7488 4 года назад

Aye did u win? my court date is next Monday

@lynnburton7873 2 года назад

@@ssdattorney thank you for saying if we represent ourselves, that we can do our own opening statements, I have been getting so much information from watching you’re video’s, my case is now in federal court here in west Tennessee, I had a lawyer when I was still in GA, I’m praying I can finally win my case after 8+ years, thank you and ce God Bless…..

@reneecopeland1095 6 лет назад

Thank you.

@ssdattorney 6 лет назад

You are welcome.

@yanceypatterson9667 6 лет назад

Do you practice in South Carolina or any recommendations???Thank you sir.

@SteffyRabbitheart 4 года назад

Do you see a judge when you first apply for ssdi or only after your initial application is denied and you appeal?

@ssdattorney 4 года назад

There are actually steps before you see the judge. You apply - wait 3 to 5 months and get denied. You then appeal (a request for reconsideration) - wait another 3 to 5 months - and get denied. Then you appeal a 2nd time and request a hearing. You may wait 12 to 18 months before a hearing before a judge is scheduled.

@SteffyRabbitheart 4 года назад

Is it possible to be approved without seeing a judge if you meet one, or several blue book listings. Thank you for taking time to answer my questions.

@eddiefannin6177 Год назад

Hmm... I'm lost,I thought you automatic see a judge when you hire an attorney?

@valkh83 6 лет назад

My hearing is in less than 2 weeks and I hope that my attorneys opening statement is even half as thorough as this was!! I’ve been diagnosed with Adhesive Arachnoiditis.... it was recognized in an mri that I had due to constant pain and limited mobility. My pcp has been treating me for it since diagnosed January 2017... I applied for ssdi before diagnosed in sept of 16 with other ailments, most of which, probably due to the arachnoiditis at which time I was unaware that I had. My pcp has filled out two functional capacity reports one March 17 and the other March 18. My most recent appointment was yesterday. What are your thoughts if I may so ask. Thank you 🙏

@emilyspracklen8108 7 лет назад

my hearing went bad but I have lots of evidence to support that I have bipolar disorder over28 documents going back to child hood what do I expect

@emilyspracklen8108 7 лет назад

also anxiety and sleeping disorder

@attorneypalabod-esq.2720 2 месяца назад

❤

@loidamasters9684 3 года назад

Waiting for an appeal again this is second times but I got denied four times already..

@lynnburton7873 2 года назад

Good luck, I’ve been denied 8+ times…. I’ve got multiple health issues, from chf, glaucoma, syncope, RA throughout body & multiple other autoimmune diseases etc, but still getting denied….

@MSD-ii2qe Год назад

@@lynnburton7873 did you have a attorney ? wow that's terrible I'm sorry to hear that but yet they can approve does with just ONLY anxiety something doesn't sound right.

@lindasamuel5656 2 года назад

Sir what happened when you get a letter saying that l was over paid and l might have too pay back. This was no mean my fault. It was there fault.

@loidamasters9684 3 года назад

I apply 2018 I got denied couple times already since I have carpal tunnel Bhutan in back pain I’ve been having an injection in my back I have a problem also with my shoulder and I get the injection also I still go to Pain management I still go to the doctor but I can afford the therapy at this moment I’m taking a medication if you are my attorney probably I already won my case..can turn 50 on me and I have a low education..

@gwillis01 Год назад

hello YT video watching people

@chopsticks9984 5 лет назад

That poor lady.

@noumaih 4 года назад

Can I have you as my lawyer. That's what happen to me. I go through it everyday. My first claim was denied. Still waiting for my appeal.

@apaulatauiliili7025 22 дня назад

You said 3 days a week? She is in pain for three times a week, so what about the other days lol

@ryanryanryan4329 5 лет назад

Court the court at the Social Security office is it a private owned Court by a corporation of the Social Security office nonprofit that's the only way there could be a courthouse there separation of power is illegal or where does the alj judge administrative law judge get his power these are questions I want you to answer Jonathan Ginsberg there is no listing showing a courthouse in the Social Security office there's not even a flag in the soil called courtroom how can an Appeals Council overturn a judge's unfavorable decision laws are in placed only a federal court can change administrative law judge decision what kind of circuit court is this at the Social Security office where does the ministrative law judge get his power separation of power is a doctrine of constitutional law or which the three branches of government executive legislative and judical or kept separate this is also known as a system check and balance because each branch is given certain powers so as to check and balance the other branches also the alj administrative judge is hired by the Social Security office and also the doctors who view the evidence all conflict of interest the alj judge is getting paid really really well

@ssdattorney 5 лет назад

SSA is an administrative agency. SSA administrative law judges are not part of the judicial branch, they are part of the executive branch. Congress has ceded the power to make disability determinations to SSA.