April 28, 2026

About Jonathan Ginsberg

Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.

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Here are my most recent posts

Big Changes Coming Soon to the Social Security Disability Decision Making Process?

October 24, 2012 by 4 Comments

Oklahoma Senator Tom Coburn has released a comprehensive deficit reduction plan for the United States called Back in Black.  Included in this almost 600 page plan is a subsection related to Social Security disability called Social Security Disability Programs:  Improving the Quality of Benefit Award Decisions.   Senator Coburn notes that if current financial trends continue,  the SSDI and SSI programs will run out of money in 2015 or 2016.   While no one expects Congress to let this happen, the immediacy of the SSDI program's default has caught the attention of lawmakers in the House and Senate.

Senator Coburn argues that "significant stress on the [Social Security disability] trust fund is due in part to the fact that the number of individuals receiving disability benefits continues to rise at an unprecedented rate. "  He quotes a study from the Center for American Progress which reports that the disability program "provides strong incentives to applicants and beneficiaries to remain permanently out of the labor force, and it provides no incentives to employers to implement cost-effective accommodations that enale employees with work limitations to remain on the job.”  Further “too many work-capable individuals involuntarily exit the labor force and apply for and often receive” Social Security disability.

Over a two year period, Senator Coburn and his staff reviewed SSDI hearing decisions from Virginia, Alabama and Oklahoma.  His report concludes that a significant number of the hearing decisions were flawed because of poor hearing practices, improper evaluation of evidence by hearing judges, outdated job lists (referring to the Dictionary of Occupational Titles), and inconsistent use of consultative examinations.

The Coburn Committee’s recommendations include:

  • presence of government representatives at hearing to oppose claims
  • increasing hearing decision reviews
  • enhanced ALJ training
  • “reform” of the grid rules
  • revision of consultative evaluation processes

While Senator Coburn’s recommendations have not yet been formally adopted by the Social Security Administration, it seems likely that Congress and SSA officials will implement some of these changes to reduce the drain on the disability trust fund.

Filed Under: Social Security disability in the news Tagged With: ,

Has Social Security Instructed its Judges to Deny More Claims?

October 1, 2012 by Leave a Comment

secret memo to social security judgesOver the past few months, lawyers in the Social Security disability legal community have been talking about a rumor that Social Security administrators in Washington have sent out a memo to judges working in hearing offices throughout the country instructing them to cut back on the number of approvals being issued in disability cases.   Historically, about 60% of cases taken to hearing have been approved – but according to this rumor, Social Security wants the approval rate to be around 30%.

There is no question that the Social Security disability trust fund is running out of money and judges in the local hearing offices are aware of this issue.

I have found no evidence that a memo has been sent, but I do note that all of the judges before whom I appear are requiring more and better evidence.  Specifically, I am looking for the following when I accept a case and from my discussions with colleagues throughout the country, they are doing likewise:

  • on-going treatment records – ideally records documenting several years’ worth of treatment
  • a definitive diagnosis – your doctor needs to be able to identify specifically the medical condition or conditions that impact your work capacity
  • support from your treating doctor in the form of a functional capacity form or narrative report – if your doctor does not want to get involved, or otherwise won’t cooperate, your case will be more difficult to win
  • efforts by my client to try to work – under Social Security’s definitions, an unsuccessful work attempt is one that lasts less than 3 months.  If you try to work but cannot, I think you enhance your credibility by showing that you are fighting against the idea of being disabled, not embracing it
  • older claimants – 45 or older
Filed Under: Preparing for your hearing Tagged With: , ,

Work Attempts Before and After a Finding of Disability

February 4, 2012 by Leave a Comment

Social Security has a stated goal of encouraging disabled claimants to return to work. However, as a practical matter, work attempts are treated very differently depending on where you are in the process. While you are waiting for your decision, work attempts can help your case (if these attempts are short and unsuccessful) or they can cause a judge to conclude that you are not disabled and do have the capacity for work.

After you are found disabled, my experience has been that Social Security is much more forgiving in terms of both the length of your work attempts and the type of work you may try.

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Filed Under: Functional capacity argument, Part time work

How to Win Your Back Pain Case in a Social Security Disability Hearing

January 9, 2012 by 2 Comments

Social Security judges see more back pain cases than any other impairment. Because of this, you need to do whatever you can to make your case stand out. If you come to your hearing with vague complaints that your lower back “hurts all the time,” that you “can’t lift very much” and that you “can’t sit very long” you are going to lose. Judges expect to see MRI or CT scan reports, support from a treating doctor, on-going treatment records, and specific testimony from you about what you can and cannot do.

In this video I discuss how I approach back pain cases and some specific steps you can take to improve your chances at winning.

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Filed Under: Disability and back pain, Functional capacity argument, Listing argument, Specific Medical Issues, Winning Case Arguments

How to Win Your Disability Claim Early

November 10, 2011 by Leave a Comment


One of the biggest complaints I hear from my clients has to do with the delays that plague the Social Security disability system. Why should a claimant have to wait 2 to 3 years to get a decision on his application?
When you file your claim, there are 5 different points in time where you can be approved:

  1. initial application
  2. reconsideration appeal
  3. administrative law judge hearing
  4. Appeals Council review
  5. District Court appeal

For most claimants, the Appeals Council and District Court appeal do not come into play.  Very few cases are taken to these levels of appeal and even fewer are approved.

Thus, for all practical purposes, most claimants should be concerned about getting approved at the “State Agency” level – initial application and reconsideration, or at the “Administrative Law Judge” level – the hearing.

In terms of the time frames involved, a decision on your initial application will be made within 4 to 6 months after you apply.  If you are denied, and file a reconsideration appeal, that decision will be made within another 4 to 6 months.   The initial and reconsideration phases of your case, therefore, will be complete within 8 months to 1 year after you apply.

If you are denied at reconsideration and you request a hearing, you are likely to see a 12 to 18 month wait.  As you can see, it takes twice a long to get a hearing as it does to get a decision from the State Agency. [Read more…]

Filed Under: Applying for disability Tagged With: ,

Should I Be Concerned About the Judge’s Delay in Issuing my Hearing Decision

August 5, 2011 by 2 Comments

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I frequently get emails from blog readers all over the country who appeared at a disability hearing several weeks or months previously and they are concerned that they are hearing nothing from the judge.  Sometimes these folks will call the hearing office and the receptionist will tell them that their decision is “in writing.”

Obviously, if you have been waiting 12, 18 or more months, it can be very frustrating to finally get your hearing, then find yourself waiting weeks or months for a decision with no way to get a status update.

Unfortunately, there is no much you can do about this state of affairs.  Social Security personnel – and especially the judges – are overworked and their offices are understaffed.  In most cases the judges rely on “writers” to actually produce the written decisions and if the writers are backlogged, the decisions will be backlogged as well.

Even your attorney probably won’t be able to do much.  When we call the ODAR offices, the front desk receptionist tells us the same thing he tells you – “the decision is in writing – we don’t know when it will be issued.”

In my office I will email the judge if the decision is not released after five months or so.  Sometimes that gets results and sometimes it does not.

Filed Under: Delays, Hearing process Tagged With: , ,

What is a “Closed Period of Disability” and Should You ask for it?

March 19, 2011 by Leave a Comment

Sometimes the evidence in a Social Security disability claim does not support a finding of on-going disability.  Sometimes the medical record documents improvement in your condition and sometimes there simply is not evidence – often because you may not have the money to afford treatment.  While some judges will give disability claimants the benefits of the doubt, other judges will not and you should have a “plan B” if your judge expresses concern about whether your medical record supports your claim.

Sometimes it can make sense to consider asking the judge for a “closed period of disability.”  In this video, I explain what closed period is and why it can sometimes be a good strategy. I also discuss a recent case I tried in which my client will be approved for a closed period.

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Filed Under: Closed period of disability, Winning Case Arguments Tagged With: , , ,

A Disturbing Trend in Social Security Disability Hearings

February 24, 2011 by 1 Comment

Over the past few months, I have noticed a disturbing trend in many of the Social Security hearing offices where I appear.   Many of the case files do not contain comprehensive medical records or forms that translate medical problems into specific work limitations.  Why?  Many of the free and low cost medical and mental health clinics that used to service disability claimants have closed up shop.  It seems to me that some of the judges that hear disability cases are turning down deserving cases on the basis of a thin medical file when the reason for lack of treatment is financial, not a function of the claimant’s motivation.

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Filed Under: Consultative exams, Hearing process Tagged With: , ,

The Information You MUST Have at Your Fingertips When You Appear at Your Hearing

October 20, 2010 by Leave a Comment

[mc id=”118″ type=”audio”]How to Prepare for Your Hearing[/mc]

Podcast Notes:  Social Security judges are busy people, and they do not have time to dig for information.  Your hearing offers you the opportunity to explain to a Social Security Administration judge why you are unable to work, and your hearing will last no more than 60 minutes.   The only issue that the judge really cares about involves your capacity for work – everything else is peripheral, so it does not make sense to waste valuable time pondering background information like your work history and medication lists.

In my experience, judges appreciate you and your attorney if you can quickly review background information and proceed quickly to the heart of the matter.  In fact, I generally ask leading questions (questions that suggest the answer) when I cover background information and not once has a judge interrupted me.

Here is the background information that you need to have at your fingertips:

Past work over the last 15 years – you should know the dates of employment, your job title, and prepare a brief description of what you did.   This information can also be submitted in writing on a form but the judge may want to hear it directly from you.

Current medications list – you should have a list of the medicines, both prescription and non-prescription, that you take, who prescribed those medications, and when you started taking each one.  Further, if your doctor has been modifying your prescriptions in an effort to control your condition, a timeline would be helpful.  Finally, you should make note of any side effects that apply.

Know the “onset date” set out in your application for benefits and why you chose that date.  Was it an accident?  Was this your last day of work?  Why this date?

Have a clear understanding of why you believe you meet Social Security’s definition of disability.  Discuss this with your lawyer and write out a statement if necessary.

Prepare answers to questions about your capacity to perform specific exertional activities, like standing, walking, sitting, crawling, crouching, climbing, reaching, using your hands, etc.  Avoid “not very much” or “not too long.”

Filed Under: Hearing process, Preparing for your hearing

Can a Lawyer Help You File Your Initial Claim for Benefits?

May 14, 2010 by 2 Comments

[mc id=”111″ type=”audio”]SSD Radio podcast with Jonathan Ginsberg[/mc]

In my disability practice I regularly get calls and emails from potential clients who have not yet filed an application for benefits.   Is there anything that a disability lawyer can do for you when you first apply?  Is there any reason to wait to apply?  In this episode I try to answer these questions.

Here is the email that prompted me to address this topic:

Dear Jonathan:  I have been putting off filing a disability claim because I keep thinking that I will be able to go back to work.  I am a 48 year old woman, my career is as an executive assistant.  I have not been able to hold a full-time job since 2002.  I have been living with anxiety and panic disorder, in varying degrees,  for most of my life, in addition to depression.  I would like to file a strong initial claim and hope that I am not denied.   I have been researching for a lawyer to represent me.  I don’t want to work with a large firm.  Your website has been the most informative that I have found.   Are you able to help me file the initial claim?

Filed Under: Listing argument, Winning Case Arguments Tagged With: ,
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