Jonathan Ginsberg

Can the Judge Approve my Case but Give me Something Less than What I am Requesting?

By Jonathan Ginsberg on February 22, 2013

When you apply for disability, one of the first things you are asked is “when did your disability begin.” This start date is known as your alleged onset date by SSA.

When your case comes before the judge, he has the option of approving your claim as filed, denying your claim, or issuing a partially favorable decision approving benefits but using a different onset date. Usually, when the judge changes your onset date he will use a more recent date, which will have the effect of reducing your past due benefit amount.

Why would the judge change your onset date? Most often the judge will do this because he has concluded that the medical evidence in your file does not support your original alleged onset date. You can expect this to happen if you alleged an onset date prior to the date you stopped working, or if your onset date was more than two or three years ago.

Some judges will choose a different onset date based on the presence of a medical test, such as an MRI or CT scan. This can be frustrating if, for example, you hurt your back three years ago, but could not afford an MRI until two years ago. Some judges just do not feel comfortable assuming anything, despite the very strong likelihood that your disc issues existed as of the time of your traumatic back injury and did not suddenly come into existence a year after your accident. [Read more…] about Can the Judge Approve my Case but Give me Something Less than What I am Requesting?

How to Win Your Claim in an Era of Skeptical Judges

By Jonathan Ginsberg on February 20, 2013

Yesterday I wrote about a fundamental fairness issue that currently exists at Social Security disability hearing offices. Publically available statistics document that the approval rates by judges within any given hearing office vary wildly.

If you happen to draw Judge A, for example, you have a 70% chance of winning, whereas if you are unlucky enough to draw Judge B, your odds may be 30%.

Imagine that this variance existed at international skating or gymnastics competition. One judge might score a participant at 9.85 out of 10.00, whereas another judge might score that same participant at 6.5. National athletic committees would not stand for such absurd results but no one says a word when Social Security recipients are basically asked to play the lottery with their futures.

I don’t blame the judges, by the way. The judges before whom I appear work very hard – it just seems that SSA does not give them clear standards for how they are to do their work.

Unless and until Social Security chooses to address this problem – and in my view, the problem has to do with training and evaluation of the judges – we as claimants and claimant’s lawyers are stuck with this system. [Read more…] about How to Win Your Claim in an Era of Skeptical Judges

Can an Eating Disorder Support a Finding of Disability Under Social Security’s Rules

By Jonathan Ginsberg on February 18, 2013

The National Eating Disorders Association has declared February 24-March 2, 2013 as National Eating Disorders Awareness Week. Both men and women can be affected – women are more likely to suffer with anorexia nervosa and/or bulimia nervosa, whereas men are more likely to use unhealthy weight control methods (nutritionally deficient diets) or engage in binge eating.

During the past year I have represented several clients who have been diagnosed with eating disorders, although I can report that even when those cases were approved, it seemed as if the judges were intent on focusing on associated medical or psychological conditions as opposed to the eating disorder per se. [Read more…] about Can an Eating Disorder Support a Finding of Disability Under Social Security’s Rules

How Does Social Security Calculate Back Pay for a Claimant Who is Approved for Both SSI and SSDI?

By Jonathan Ginsberg on February 14, 2013

Social Security’s two disability programs use the same standard for determining disability but the rules for payments and back pay are completely different. These rules are confusing and inconsistent and the best way to understand how they work is to look at each program separately the consider examples of how concurrent claims (claims involving both SSI and SSDI) work together.

The SSI Program

First, let’s look at the SSI program. SSI, which stands for supplemental security income, is essentially a welfare program that pays benefits to claimants who do not have enough earnings to qualify for SSDI. Unlike SSDI, which looks at what you have paid into the system from taxes to determine your monthly benefit, SSI benefits are set out by Congress. For 2013, the most an SSI recipient can get is $710 per month. For 2012, the amount was $698 and for 2011 the amount was $674.

SSI payments are also subject to a variety of offsets, meaning that your monthly benefit payment may be reduced if you are receiving other state or federal benefits, if you receive support from family members or even if you live with someone who is working and who earns more than a set amount. [Read more…] about How Does Social Security Calculate Back Pay for a Claimant Who is Approved for Both SSI and SSDI?