April 28, 2026
Jonathan Ginsberg's Social Security disability podcast
Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.
Would you like your Social Security disability question answered on Jonathan's podcast? Record your question for Jonathan directly from your computer.
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What should you do if your Social Security disability hearing lasts only 15 minutes? Does a short hearing mean that you won? Does an quick hearing mean that the judge plans to deny your case? How should you and your lawyer prepare for this rare but possible situation?
In this video I discuss the 15 minute hearing – what it likely means and how to best protect yourself if the judge is new and his/her reputation is unknown.
Social Security disability claimants seeking SSDI or SSI benefits based on a long term HIV infection can be approved if they present evidence of complications that will preclude competitive work. Remember that Social Security defines disability in terms of how your impairment would likely impair your capacity to perform the demands of minimally demanding work.
SSA’s treatment of HIV claims has changed significantly over the past 15 years. In the 1990s and early 2000’s, most judges felt that HIV was a precursor to AIDS and generally treated HIV infections and AIDS as one in the same. These cases were usually approved fairly quickly.
About 10 years ago, judge took notice of advances in medical science that allowed people infected with HIV to suppress
the virus and lead apparently normal lives. HIV was then treated similar to Hepatitis – an active, un-curable condition but one that need not prevent a claimant from working for years at a time.
AIDS, by contrast, was usually approved based on Listing 14.08.
Over the last 4 to 5 years, however, Social Security judges have become more open to the idea that HIV often does
create complications that, when considered as a whole, can prevent an afflicted person from working. Complications that seem to resonate most with judges include:
In my practice I have had success representing claimants with HIV who exhibit these symptoms and medication side effects
and who have support from a treating physician.
You can find more information about strategies I use in HIV claims as well as many other types of impairments on my law firm web site.
In March, 2014, the Social Security Administration announced that it would expedite the processing for Social Security disability claims for veterans who were previously deemed 100% permanent and totally disabled by the VA.
Carolyn W. Colvin, Acting Commissioner of Social Security, announced the launch of a new disability process to expedite disability claims filed by veterans with a Department of Veterans Affairs (VA) disability compensation rating of 100% Permanent & Total (P&T). Under the new process, Social Security will treat these veterans’ applications as high priority and issue expedited decisions, similar to the way the agency currently handles disability claims from Wounded Warriors. [Read more…]
Transcript of video:
Hi there. This is Jonathan Ginsberg; I’m a Social Security Disability attorney in Atlanta, Georgia. I want to talk to you about hypothetical questions that the judge is going to ask the vocational expert at your Social Security Disability hearing.
If you haven’t yet gone to your hearing, what you’ll find is that the judge will in many cases have a vocational witness there. The vocational witness is typically a person with experience, knowledge, education about jobs in the economy, and is going to testify for the judge about jobs that you might be able to do given the limitations that may exist in your record. [Read more…]
In this video I talk about failed back syndrome, which describes a medical condition where you are no longer a surgical candidate and your only treatment option is long term pain management.
Social Security disability hearings follow a fairly consistent pattern. Although every judge has his or her own practices, by in large, the information required will be roughly the same, regardless of the judge.
Since your hearing is your only opportunity to interact face to face with a judge, it just makes sense to prepare for those questions that always come up at hearings. You will hurt your chances at an approval if you do not prepare – the last thing you want to do is hem and haw trying to come up with an answers. You are going to be nervous anyway so always prepare ahead of time with your lawyer.
In this video I talk about those questions that always seem to come up. Though this video should not be used as a substitute for a pre-hearing conference with your lawyer, it should help you start with your preparation.
You may feel scared or intimidated as the date of your Social Security disability hearing approaches. Would it be ok if you brought a friend or relative into the hearing room to give you moral support. In this video I explain hearing office policy regarding witnesses and observers.
Can I Bring an Observer with me to my Social Security Disability Hearing from Jonathan Ginsberg on Vimeo.
Vocational Witness testimony in Social Security disability cases from Jonathan Ginsberg on Vimeo.
In this video, I talk about vocational witness testimony in a Social Security disability case. Vocational witnesses appear and testify at many Social Security disability hearings. At first, this may seem odd, as you have most likely never met this person and now he or she will be giving testimony about your hearing.
SSDI judges use vocational witnesses because the main issue they are deciding has to do with your capacity to work. Basically, during the hearing, the judge will be trying to identify specific limitations that arise from your medical or mental health condition. More specifically, the judge will be concerning himself with limitations that will impact your capacity to work.
For example, suppose that you hurt your back and you testify that you experience severe pain 3 to 4 hours per day and that the pain is so severe that you cannot sit or stand but have to lie down and take narcotic pain medication until you fall asleep. If the medical record supports your testimony and the judge finds you credible, he might ask the VE a question like this:
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