Which Activities Should You Avoid While Waiting for Your Hearing to be Scheduled? 

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Do ALJ's understand that just because a person can cook a meal, vacuum a floor, wash dishes or cut the grass that it doesn't mean they can do it eight hours a day/5 days a week? What am I supposed to do - lay on the floor motionless and stare at the ceiling?! I can see my ALJ now, "Mr Doe, since you breathe everyday, I believe you can get a job blowing up balloons for children". I'm so frustrated with this system.

I applied in Feb. 2014 and was turned down in July of that same year. After hearing all the horror stories I decided to go with a lawyer for my appeal. I first went in front of the Judge in May of 2017 and he adjourned my case while waiting on pending medical reports. I went in front of the same Judge exactly 1 year to the date and again it was adjourned because their medical expert did not feel he had enough in front of him to make a decision. Thankfully I signed a 75 day waiver and was actually scheduled for yesterday afternoon. After 4 years and 3 trips in front of the same Judge on 1 appeal, The Judge granted me my disability. I'm not sure what happens next but that weight has now been lifted. I know it's hard to stay positive but you can't give up. I remember saying if and when I get my disability and now I don't have to worry anymore. Good luck to each and every one of you.

Getting ready for work, driving to work, being physically and emotionally available 100% while working, sitting or standing for 4-8 hours at work. All very different than resting between simple house chores.

Being denied 3 times is so traumatic because we go years unable to function without any benefits living hand to mouth, constantly stressed about how to survive during this "process". I will attribute the steady decline in my mental and physical health to this broken system. My ptsd has never been worse than now as if it wasn't bad enough when I could barely walk. This level of stress kills people, but I bet that's what they want.

The worst thing about it taking so long is you can lose every thing you own in the meantime because you will have no income at all

If you take your time on the application, answer each question thoroughly & break every answer down into an explanation TAKE YOUR TIME! Make yourself some notes. Think about EVERY way your disability affects your life minute by minute. When I applied in November of 2017 - I did that, I submitted a book pretty much. I, thank god, was approved 1st time. 2 doctor appointments to verify the PTSD & RSD. I was ready and had my appeal written, but I didn’t need it.

Thank you for your videos. It gives people like me, hope!

Why even bother filing? What a joke our system is. Thank u so much for your video's. Makes me pretty much hopeless.

Thank you for saying that, "it is shameful"!

I can't do much but I try. Thanks for the good advice.

Thank you for information I am not trying to get disability but it’s good to know all of this.

Thank you for the great information. Very informative.

Thank you Jonathan for all your videos they're so helpful

I can't believe I'm watching these videos. I had my hearing..I got a fully fav decision then that decision got reversed and sent back to the judge..now I got to have a second hearing.

I told my attorney I passed the time by knitting. She asked me how long I knit for. I said I knit a few minutes then put it down, then picked it up again when I felt like it. She said that was ok. Wow.

Love all your videos. It's a lot help. Thank you!

WatchEd several of your videos and your very professional and informative. You are informative on both sides of the spectrum honest people looking for disability benefits. Also on the other side you offer for information to those that are seeking government assistance and steal from other people that are in the services. Is fair is waiting to be approved, my ex wife was approved very quickly after her Workmen's Comp. case came to a conclusion. She went straight to disability benefits. Within the same year. This is California orange county. She is been receiving disability benefits since 2010. Only through discovery hearing in 2015 increase request that she had filed tax returns in 2013,2014 of running a business of a dog walking service. She claimed that I'm most years business lost money. And then 2015 she had cared for a elderly man and earned some income.

Very helpful...thank you!

Thanks ever so much for providing this information. Very much appreciated and as always I and many others are so grateful that you are trying to help us

My mom's been fighting for this for 5 years and it's going to be denied. Now we have to start all over again with a different layer.

Thank you for your FREE help, advice and videos, I have learned a lot that I did not know about the whole broken system. I foolishly thought that my very real disabilities would be seen and I would get approved and live happily ever after, but the office help (not medical professionals) decided I was not disabled. I of course appealed, well my lawyer did and I am waiting for my hearing date. If not for the grace of God I would have already lost everything, but I am blessed. Anyway you said something in the video about not understanding why the judges look at vacuuming, if a person can do or does vacuuming, I will tell you my opinion it is because if you do have back and neck problems vacuuming kills you, or at least it does me, I have to get my daughter to vacuum and mop for me or I will be in so much pain I can hardly move for a week. I have stenosis and spondolosys, I have had surgery three times and my neck has so much metal in it there is no way I can turn my head to see behind me. Oh well, anyway Thanks for your advice and God Bless you!

Thank you for doing these videos. May good karma come back to you 10 fold.

Thank you for all your videos. Very helpful! I have a hearing in April.

Thanks for the information

I love your videos very informatives, maybe I need them in the future .recently I have laminectomy / fusion back surgery .but I am not feeling 100% OK. to comeback to work still sometime in pain, not like before but pain.well is only 2 months ago.let see with happen..thank you for your videos !!

👍👍👍Very good Explanation, Thank so much 🙏🏼and Apreciate it Dear Jonathan Ginsberg

thank you for all of your information. I am getting ready to apply for disability and everything you teach on here is so very helpful. thanks again :)

Excellent advice. May I suggest a video topic; Your viewers may find it helpful to know that Social Security may chose to put a claimant under surveillance to obtain a profile of day to day activities. Perhaps a discussion on what kinds of surveillance techniques are used. What is or isn't legal and under what circumstances these activities can be expected. I was surveilled before my hearing and was very shocked to learn that this had happened as I wasn't aware that I had been followed and video taped. I understand why it happened but still found it repugnant. Thank you for taking the time to post these videos. I wish I could have seen these while going through the claim process.

Thank you Jonathan! You rock!!

Awesome thank you very much

Need to stay off selling anything on Craigslist, letgo, and EBay. Considered as work by SSD.

Thank you so much for doing these videos. I just found them today and subscribed. I was finally diagnosed with Psoriatic Arthritis 2 years ago and Ulcerative Colitis in 2000. I'm not 53 years old and have been a legal assistant/paralegal since I was 25. I've had to cut back my hours to 30 hours week last year and even that has become too much for me. The lawyers are complaining (you know how lawyers are!) that I can't keep up with my workload, I'm slow, my memory is foggy. I'm on Methotrexate, Humira (failed on Enbrel) Entocort (for the UC), Tramadol, and gabapentin (for sleep disorder). I'm going to work today to talk to the head attorney because of the work problems and I take alot of pride in doing a good job and I just can't do it anymore. I am pretty sure I will be unemployed very soon. I live in Richmond, VA and am thinking I should apply for disability. What do you think? BTW....it took me 5 minut. to type this and I used to type 100+ wpm. :(

Thank you for your help. I asked for a case review and a nice lady contacted me that same day.

What a pleasant video. I'd just like to say that if I could count the number of people that I know that did the unbelievable in the following weeks after being approved lol. I have a friend of mine that went out and took a full-time babysitting job, applying for positions at the library right after being approved. She waited 3 years going back and forth, and I just can't understand it. I honestly felt like I hurt her feelings by telling her, look we need to talk. And I think for some people, that's really what they need. Someone to sit down and do exactly what you're doing right now. To go over the reasons why. Because I think the truth of the matter is for many people perhaps they can do well for a day or two until they're completely exhausted mentally and physically. But we know judges don't have a crystal ball. Well, they act like they do. But isn't it amazing. Like with the vacuuming of the house, how that can be misconstrued as physical repetitive labor. And finally, I don't trust this idea that a person is allowed to work a certain amount of hours. I knew a couple people that got involved with a program where they could work a certain amount of time and it wouldn't affect their disability. I kept saying ( and it's not that I enjoyed being correct ) wait until your next review. And maybe those people shouldn't have been on disability because they were pushing the limit on every dollar they could make. The funny part is the explosion of this desire to join the workforce didn't happen during a few year wait for the decision approval. It happened after being granted lol. I just can't figure that out. And I'm talking a lot here but I think a lot has to do with the fact that these people were able to get shoes and new pants. They were able to feel like a person again because they went through a strenuous few years of very very little money. So with being able to feel better about themselves, it gave them this burst of some type of accomplishment. Like they finally got somewhere so the next best thing would be to be like they used to be and to go to work. It's not that easy though. Hey thanks for the video. In fact I will share it with a friend of mine that I'm a little worried about. Hopefully she falls under the separation of church and state because she's the only person holding the church up.

Ginsberg videos are very helpful. They helped me.

Your videos are amazing. They help me so much. Thank you so much. I am exactly two months away from my hearing. Any really important details you can give me? I have been disabled for over 8 years. I have been under psychiatric and psychological care for many years. I have a lot of issues with my back, including a deformity at lower back. I'm totally out of touch with the real world. My mental issues, panic attacks, depression and anxiety, keep me hiding in my home, sometimes w/o bathing for years. Sorry, I just think if I had the money and ability to have you as my lawyer!!!! Thank you so much. Please know that you are a great person and very informative.

These are all good points, i have went in front of the judge and talked about all of these topics and got a unfavorable letter and somethings on the letter was twisted in what was said at the hearing. Now i have to figure out my next step its been very upsetting.

At the assisted living center for the mentally ill where I live I clean four small bathrooms twice a week, which they pay me $10.00 a week to do. Though my disability is based on mental illness, I do have back problems. When I finish cleaning these bathrooms I have just about reached the limit of back pain that I can endure. It takes me about forty minutes to clean all four bathrooms. Also, in the summer I mow the lawn. It is a small lawn that it takes about an hour to mow. Again, I have reached just about the limit of back pain I can endure when I mow the lawn. I have a problem with destroying lawn mowers. The last time I mowed I hit a heavy metal pipe and ruined the lawn mower. Also, there are big weather issues when I mow the lawn. The antipsychotic medication I have to take makes me more susceptible to heat stroke in summer and hypothermia in winter. I am really getting a lot of heat stress when I mow the lawn in summer. My clothes get soaked in sweat. Are these circumstances likely to get a decision made against me if I have a review of my ssi case?

I wish I had hired you as my disability lawyer. I have spoken to my lawyer one time in the 2 years I've been waiting for my hearing that is this Tuesday. I feel so unprepared. I've been watching your videos to prepare myself for my hearing. They have help me a lot and I hope it's enough to finally win my case. 🙏

That's good advice,

Thank you for your clear suggestions for my case to get approved for ssi. I have many health issues and did not know how to put them together and confirm my chances to qualify. Now I am more confident that I will eventually win my case. Thank you.

You are an excellent teacher!

THANK YOU I WATCHED ALL YOUR VIDEOS I DID MY HEARING WITHOUT A LAWYER AND I WON YOUR ADVICE WAS EXCELLENT

Great advice really appreciate your videos thankyou.

This was a helpful video thanks

Thank you!!!

My late husband had an expedited SSDI case. He was approved in 2 months, only because he had terminal cancer.

Wet helpful thank you!

Very interesting and helpful video. Question: If you are over 50, and you are able to do some "entry level work" such as you described in the video, sitting and doing basic non-thinking work at a desk, that sounds great. However, no one will hire a 50+ person for such entry-level work. Social Security must take that into consideration at some point, right?

Friend had a back injury and his surgeon told him not to rake eaves, sweep, or vacumn. The doc said it was the micro turning side to side which is hard on his discs in his back.

Thanks 🙏

I'm currently undergoing an extensive case review. My spinal problems had worsened and now I have both a spinal cord stimulator and pain pump. Do I have a chance of staying on or will Social Security think I'll get better? I have FBSS and multilevel degeneration, along with a long list of problems that are steadily progressing. Thanks for your input.

Thank you.

Good tips.

Hello Mr. Ginseng I like your style and I will be giving you a call soon

👍👍👍👍👍-up ,Sir ......

Ive had to use a shower chair for over two years, ive got a sock buddy, cant stand to cook a full meat, im unable to sit for a long period of time, i have to shift in my seat until i just have to get up and walk around. I use to have long hair, had to cute it couldnt left my arms over my head long enough to do the pony tail, bread and then bun. I have degenerative disc disease, osteoarthritis in my ower back (lumbar area) with bone spurs, and I have a lumbar tear with bone spurs in my left hip. I have been turned down twice and i finely have my hearing in front of a alj the end of may. Your info has given me a heads up on what to expect, i wish you was my attorney.

Your an awesome Attorney. They switched lawyers on me at the last minute, but luckily I had a good Judge. Can you talk about where you go after you won? Do you have to pay taxes on the backpay?

👍👍👍👍👍thank you so much

Thank you for your videos. Please make videos for elderly and especially elderly immigrants , that are sitizens, receiving SSI. What to do when you gat a letter about overpayment ( that did not happened), and your SSI is cut from 730 to 400 for many years, appeal was ignored and SSI was decreased even more. They are lost in the system. They can not live on 400$ a month. What to do? Please help. Could you please make video how to find SSI lawyer in Washington state, Seattle area. Thank you.

I saw you reply on another comment if the person lost their job to definitely apply for disability. I recently was terminated due to being off work (on an approved disability claim through employer) due to complications from a cancer diagnosis. I have been torn between pursuing legal attention for wrongful dismissal/disability discrimination (as they didn't exactly follow the ADA guidelines -long story) or just pursue ss disability at this point. *sigh* Your videos are great and very informative!

Thanks for your time

Also I would like to add that when I could no longer work in the field of work that I had worked in for most of my adult life I went to Voc. Rehab to seek help to get funding to go to school for another field of work. When I was approved for help they didn't just give me the money they put me through a series of Appts to see what they thought was best for me regardless of what I wanted. In this process I was told there were no jobs available in the field I chose (I had already researched the field upon their requirements and I knew there were jobs) and I was made to take the 80 question career aptitude quiz. She then printed out the top jobs in the 3 top fields I scored in and asked me to choose jobs from those. Each one I chose I was told was either to physical for me or required a degree. She then said I could meet with someone else "to see if school would even be a good fit for me"!!! I was floored!! I broke down crying and had to leave! I felt like she was saying I was an idiot!

Thank you-Buffalo, NY

so what the hell are we supposed to do lie on our backs 24-7 twiddling our thumbs for the rest of our miserable lives

Very informative thanks

wonderful

In my situation, my housework has clearly suffered (I'm single/divorced), minimal outside work with a neighbor mowing my lawn, cars now go to an automated car wash. Thinking my major concerns are my motorcycles (large 1000cc+ street bikes). An avid biker before my health issues manifested (was rarely home anyway) but still ride my bikes on rare occasions now that I'm home all of the time. I now struggle with their weight when parked and/or fueling - I'm fine once rolling. My life has largely revolved around motorcycling since I was about 10yo - can't imagine not riding unless I become completely crippled. Have been warned it might not be good if an 'investigator' catches me on a bike? Probably a couple of times per month at best, often less.

I appreciate this video bro

if you go to a doctor or breath you can work. Judges are not allowed to be a defendant for the state. What they are doing is violating ever citizens constitutional right's. money for wars but not the poor.

I was glad to hear you say about volunteering and I have an additional question about that. Have you ever worked with clients that are Jehovah's Witnesses that have health conditions that make it impossible to work a full or part-time job? The reason I wonder that is because I know some that are Jehovah's Witnesses that get disability benefits and yet they are going out in their ministry work and I wonder how the judges handle something like that?

Good job, Johnathan!

With a back problem vacuuming is very difficult for me.

Thank You so much for your knowledge, I have been home 8 months due to an additional back injury. I had applied 3 yrs ago based on osteoarthritis , fibromyalgia, depression, Epstein Barr. 2 hip replacements and the answer in a nut shell was, " you are still walking and getting around blah blah blah! I did go back to work and up until Feb 1, I was employed full time only to injure myself on my current job. I am currently on workers comp and due to have a spinal fusion. Thinking it's time to reapply!! Gonna keep watching your videos. Thanks again!

Tysm! ❤️🤞

I have chronic back and neck pain such as spondylosis, radiculapthy, disk degenerative disease, spinal stenosis, bulging disks in both cervical and lumbar regions of my back. I've gained weight due to the inability to exercise. Along with the chronic condition I had domestic violence abuse a couple of years ago, which caused additional damage to my lower back and ended up having surgery L5-S1 due to disk rupturing less than a year ago. In addition to that I've had a life long diagnosis of depression and anxiety and endometriosis. Does the domestic violence abuse have any bearing on my claim ? Should it? I have a 2 year old son that I care for which is extremely difficult as my pain consistently puts me down on my back in bed many times throughout the day to get relief. I am a single mother. I have 25 years of work experience. I was terminated from employment at 8 months pregnant.i have not returned to the work force as a result of my inability to commit to it, be reliable and dependable for work. Help!

I don't think they're that strict on daily activities. It depends on your disability. When they interviewed me, I was going to a health club, playing video games (boring to do now), doing the computer, and I walked to the store and back almost every morning and got a truffle. However, my memory is in the severely impaired range, especially after 30 minutes. I'm slow. It takes me forever to come up with a walking route, and I was still agitated back then and screaming. My team has given up on me working. My body is fine. However, the pills make me get off balanced easier, and ican't ride a bike. Also, I'm sensitive to heat. I tried to volunteer at a shelter, but I overheated so easily.

I am 66. I was diagnosed with severe osteoarthritis in 2016 by an Orthopedic Surgeon and have that documentation as well as ex-rays that show both my hips and right knee. At the time, I was given an injection to support my right knee. I was stunned at the time because I only had minor aching in my lower body and worked at that time through now...July 2020. Now, however, I have horrible pain from hips down to and through my feet doing the same job I did in 2016. I've also lost 40 lbs since 2016. In my case, I do have skills to do a sit-down position and have data entry skills. I'm wanting to get the medical support/surgery/if necessary and the ability to quit my current job and apply for a data entry position. I am looking for financial support/assistance to work until age 69. How should I proceed?

Holey motley what are you suppose to do all of this doesn't help my anxiety I'm experiencing that just thinking about it Lord help me get through this

Your videos are excellent

I feel like giving up. This is my second time getting denied and I don't know what to do. I'm young so I know that has to do with it but already have a full hip replacement and still can't work. Thank God for my mom or I'll be in the streets. I'm still going to try but damn it's heartbreaking feeling helpless and like a leech to those you love, I'm slowly giving up.

if it takes 3 years to get a hearing how can you suport your self if you can not work?

I was misrepresented by a Law a Firm in San Antonio Texas. I went threw 4 case workers. I applied now waiting I submitted my information that the lawyer didn’t have info. I get Provider Services threw the state of Texas but I can’t get help with my bills due to my disability. I can’t work . Help

Nice

I don't understand how the judge expects me to be able to afford to see doctors and get meds while waiting for a decision.

Yea I wouldn't wait 2 years I waited 7 yrs to try to get SSI and was denied twice from the same law judge twice I thought that was unfair to me

I had Double knee injuries and a left arm injury I went to rehab for all of them but insurance would only allow so long that they would pay for it so they told me to do it on my own is this OK I am still in pain

Hello from California 😊

When you have an advocate instead of a lawyer and unfortunately the advocate does not go to the civil federal level. How do you go about finding an attorney that handles the civil federal level. I don’t want to take the chance of getting cut off my long-term disability I’m down to the wire I’ve been calling every attorney I can possibly find I’m getting to the point where I’m recycling attorneys now that people are referring to me that people are like you’ve already called me. What do you suggest at this point? If I refile I lose the chance of all those years of the backpay and the possibility of losing my long-term disability. I feel like I was very misled by the advocate. Also my trial happen to take place in my living room because it was during Covid there were so many errors the attorneys don’t even want to look at that they just want to look at the law judges decision. Please advice I’m really down to the wire now.

First off Thank you for the videos, they have been very helpful. I have a question hopefully you can answer. I have a hearing coming up in about a month and a half. I feel that my attorney is not doing anything to help. I can't even get a hold of anyone when i call. Can I change my attorney? Is it to late to do that?

I guess I lucked out. After being denied, and my atty. pulling out because of difficulty reaching me during covid, they jumped and gave me a telephone hearing and approved me. I didn't question it, didn't expect it, didn't appeal or ask for it. It was mystery, but what do I know??

How do you go to a doctor with no insurance? I need to have a MRI, I have filed for disability recently and Medicaid. I’m not blind, or 65 so Medicaid is out. What help is out there when you can’t work. I’m just lost.

HI MR JONATHAN HOW HAVE U BEEN GREAT I HOPE 👍☺MY HEARING IS IN A WEEK MY FIRST ONE HOPE I GET APPOVED I SENT U A LIST OVER ON U TUBE WHEN U GET A CHANGE COULD U READ THEM OVER PLEASE BLESSINGS TO U AND FAMILY THANKS!!

It just seems that everything a person can do can turn to work. You can wake up so you can work at a hotel and do wake up calls. I made more money back when I worked then SS could ever pay me. You mention losing weight. Could that not be turned into a work capacity job as a nutritionist? Or personal trainer? If you are able to do these things and follow a regiment that a doctor has put out for you and lose weight. Could Social Security also say that you could put out a regiment and nutrition plan for someone else to follow which then could be turned into a job?

Since the first meeting at Voc Rehab everyone I met asked me why I had not filed for disability? I told them that I did not want to file for it! After fighting for a year to get help from them and applying for jobs and no one wanting to hire me I finally gave in and applied. I gave up. Now I'm afraid disability will say I'm not disabled and I have no income. I'm a single mom and don't know what to do!

My attorney is nothing like you, he has not did anything you do, especially the video you did for your client on your opening statement. He had no opening statement, even though I was told by the back doctor in court there are no jobs for me. I talked to him once, before my hearing on the phone, after my hearing and they sent me to two doctors, a physical and physiological, all doctors agree I am disabled. So I went to my physicals, and both agree again, now I'm being told I will probably have another hearing, when my attorney did nothing in the first hearing but type. So, the second? I'd love to have you.

Herniated discs, bulging discs in neck and lower back, tumors down spine, bone spurs in neck, fibromyalgia, bipolar, borderline, ptsd, depression, anxiety, hyperthyroidism(possible cancer. Biopsy inconclusive more tests coming), possible breast cancer (awaiting another mammogram) gastroparesis, need knee replaced, bursitis in ankle, diverticulitis, Barretts esophagus, kidney stones and cyst, chronic migraines, insomnia. Was told I could stuff envelopes!! New hearing next week. I have no hope

Currently waiting to hear back from the appeal of my second SSA denial; a lawyer I talked with a couple of months ago said I'll likely get denied again and should call him when I do. My disabilities include major depression, generalized anxiety disorder, polycystic ovarian syndrome (which causes hormonal fatigue and aches throughout my periods and when I'm ovulating) chronic pain in my back and legs, and a traumatic brain injury I sustained in 2007 from a car accident. I honestly can't do a lot; quarantine has been bad for my anxiety since I have to spend more time at home, and I rely on takeout and frozen meals a lot. I do stuff on the computer, but mostly from bed, and on the occasions I do go out, I need to take my walker or cane. Any advice?

They asked me if I wasn't at the hearing what I would be doing. I said watching tv. They discounted my fatigue because I wasn't taking medicine in their decision writing because I wasn't taking medication for it. I'm not going to take legalized meth.