Social Security Disability Law Podcast

Did you know that Social Security has a built in bias in favor of disability claimants over the age of 50?  In addition to claiming disability based on SSA's listings, or presenting evidence of diminished capacity for work, the grid rules allow many claimants over 50 to win disability benefits even if they still have the ability to work full time. Social Security recognizes that entry level j...

What makes your Social Security disability claim stand out from the 20 or 30 other cases that your judge hears during the week your hearing is scheduled.  Every other person your judge hears from that week, that month and that year sincerely believes that he or she is disabled and deserving of disability benefits. Statistically, Social Security judges approve around 45% of cases they hear, which m...

Back pain is perhaps the most common ailment for adults in the United States, so it is no surprise that Social Security disability judges see more back pain claims than any other medical complaint. Because back pain cases are so common, yours must stand out if you hope to win.  In this podcast episode I discuss what I consider to be the five elements of a winning back pain case based on over twent...

What type of evidence does a Social Security disability judge need to approve your claim? Social Security defines disability in terms of how your medical problems impact your capacity for work.  But your judge won't approve your claim unless your file contains compelling evidence supporting your claim. In this episode, I discuss the strongest evidence you can have in a disability claim.  I al...

What are the common mistakes that you need to avoid when filing your Social Security disability claim and appealing a denial.  What do you need to watch out for at your disability hearing? In this episode, I interview Chicago Social Security disability lawyer Jonathan Pearson .  Jonathan lives and works in Chicago, where he represents disability claimants in Chicago, Evanston, Lake Forest, Orland...

What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well?  Do you have any remaining options? My guest today is Karl Osterhout , a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court.  As we will discover, federal court judges are looking for significant errors...

What happens if you lose at your hearing?  What are your options? Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520.  How do you know which way to proceed? My guest today is  Karl Osterhout , a lawyer based in Pittsburgh who has built a substantial national practice represen...

Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay. In this episode I discuss seven types of activities that you should avoid while you wait for your court date. While disability judges don’t expect you to sit at home...

How do you know if you are sick or injured enough to win Social Security disability benefits? While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now. If your impairment is physical or involves a damaged body part or system, Social Security disability judges want to see objecti...

How does the Social Security Administration decide your case?   As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies.  Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing." In this podcast I will walk you through the timeline...

What is the difference between SSDI and SSI?  As I discuss in this episode, SSDI stands for Social Security Disability Insurance.  It is an insurance program and the payroll taxes you paid while you were working are the premiums. You earn insurance "credits" based on your gross earnings.  In 2018, you earn one credit for every $1,320 of gross earnings.  You can earn a maximum of four cre...

If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled.  In the last episode, I explained how SSA defines the term "disabled."  In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition. The three arguments you can use are: Do you meet a...

How does Social Security define the term "disability?"  Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death. What does this mean?  In this episode, I unpack this definition so that you know what you have to pr...