Social Security Disability Law Podcast Jonathan Ginsberg

This is part two of a three part interview I conducted with attorney Bryan Konoski.  Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court.

In this part of our conversation, Bryan and I speak about vocational witness testimony.  As you may know, Social Security judges almost always call a vocational expert to testify at disability hearings.  The vocational witness will classify your past work based on exertional level (sedentary, light, medium, heavy or very heavy) and based on the required skill level (unskilled, semi-skilled or skilled) for that job.

The judge will then pose a series of "hypothetical questions" to the vocational expert to determine if a hypothetical person could return to your past work or to any other work given specific work limitations arising from your medical issues.

In our discussion, Bryan explains how he has been able to win appeals based on sloppy vocational expert testimony, or by arguing that the judge  made an error of analysis by not including all of a claimant's limitations in the questions posed to the vocational expert. 

Incredibly, Social Security still relies on a directory of jobs that was last updated 40 years ago!  So there is often a disconnect between the requirements of a job in 2024 and what that job required in 1984.

Hearing attorneys like me often bring on attorneys like Bryan as co-counsel to review unfavorable decisions and to draft appellate briefs.  If you are a disability attorney who would like to tap into Bryan's years of experience, you should reach out to him.

If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

This is part one of a three part interview I conducted with attorney Bryan Konoski.  Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work.

The appellate work that Bryan does is very different than disability application and administrative law judge hearing work.  With very rare exception Bryan is not presenting new evidence of disability to a judge.  Instead, he is identifying errors of analysis made by hearing judges who have denied a claim.

Because hearing  judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.

In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work. 

Many disability attorneys or non-attorney reps do not routinely handle Appeals Council and Federal Court work and Bryan has positioned himself as an excellent resource for the Social Security disability claimant's bar.  Like hearing attorneys, however, Bryan's firm handles cases under a "no fee unless you win" contingency fee contract there is no downside to having an appellate attorney review your case file. 

In this part of our discussion Bryan and I identify some of the most common errors made by hearing judges that can result in a remand (a new hearing). And statistically a high percentage of remanded cases are approved in a second hearing.

If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

What type of conduct does Social Security consider to be fraudulent?  Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim?

Or does SSA define fraud as conduct that goes far beyond overstating your symptoms? 

In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a clear distinction between statements you might make in writing or verbally that won't result in a claim approval and statements that might prompt a visit from a fraud investigator.

Some Members of Congress believe that the Social Security disability system is riddled with fraud.  In my experience this is not the case but I found Greg's perspective informative and practical and I think you will as well.

Since retiring from SSA, Greg has started his own consulting business called the Disability Yoda, which you can learn about on YouTube or on Greg's website.  Greg is a great resource for the disability community and I'm happy to introduce him to you.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

How do Social Security claims examiners (adjudicators) analyze disability claims and what do they do on a day to day basis?

In this episode I speak to Greg Brinkley a former Social Security employee.  In his 27 year career with the agency, Greg served many roles, including that of a  claims specialist (adjudicator), technical expert, fraud examiner and team leader.

Because of his experience Greg was the person that other Social Security personnel relied upon to solve problems, create work flows and handle the most challenging situations.

Since retiring from Social Security, Greg has established his own consulting business helping disability claimants understand and navigate the disability claims process.  His website is at https://www.gregbrinkley.org/.  Greg also publishes videos on YouTube as TheDisabilityYoda where he offers very insightful and opinionated takes about Social Security disability.

This is Part One of my interview with Greg.  Next month we'll be talking about fraud examinations - what triggers them and who is at risk.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

Social Security disability judges call on vocational witnesses to testify at the vast majority of disability hearings.  Although you have never met this witness, he/she plays an important role in your hearing.

Disability judges pose "hypothetical questions" to the vocational expert in your case and the answers to these questions will determine whether you win or lose.

My guest in this episode is vocational expert Stuart Gilkison.  Stuart works as a contractor for Social Security and appears by phone at hearings before numerous judges in several states.

In our conversation we discuss how SSA qualifies vocational experts, the resources Stuart uses to identify jobs that a hypothetical person (i.e., you) might be able to perform and some of the problems with outdated resources.

I also asked Stuart about what he has learned from attending hundreds of hearings held by dozens of judges.  What mistakes to claimants or their attorneys make and what claimants and their attorneys do well to improve their chances of winning.

If you are pursuing Social Security disability benefits you will almost certainly hear from a vocational expert at your hearing.  Now is your opportunity to hear from a working vocational expert in a podcast setting.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

After trying thousands of cases over the past thirty years, I have a fairly good idea what types of cases are likely to be approved.   There are certain fact patterns and claimant profiles that I know will resonate with Social Security judges.

I regularly speak with colleagues throughout the country to discuss their experiences.  These discussions help me educate myself and learn how to be a more effective advocate for my clients.

My friend and colleague, attorney Stephanie Joy, facilities discussions like these in a closed LinkedIn Group called the SSD Zoom Roundtable.  Every month, attorneys and representatives from all over the country gather in a Zoom video room to compare notes and discuss issues that any or all of us have faced.

I invited Stephanie back to the podcast to discuss our experiences preparing for and trying cases involving the most common medical impairments we see.  I was not surprised to discover that what works for me also works for her.

If you make the difficult decision to file for disability, you need to educate yourself about the reality of the SSD process.  In this episode, Stephanie and I discuss what works and what doesn't.   I am pleased to share our experiences with you.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd