April 28, 2026

Avoid Costly Mistakes at Your Disability Hearing

[mc src=”https://ssdradio.com/media/2009/04/02/avoid-costly-mistakes-at-your-disability-hearing/Do’s%20and%20Don’ts%20of%20Hearings.flv” width=”320″ type=”video”/]

Episode 27 – Why Does Social Security Have a Problem with Part Time Work?

[mc src=”https://ssdradio.com/media/2008/10/15/episode-27-why-does-social-security-have-a-problem-with-part-time-work/ssdRadio-Part%20Time%20Work.flv” width=”320″ type=”video”/]

I have previously related my opinion that part time work can hurt your chances at getting approved for disability benefits.  A couple of recent cases confirms my reservations.  In one case, I represented a woman with a long standing diagnosis of fibromyalgia.  Her medical record was extremely comprehensive, and included reports from numerous doctors attesting to the myofascial pain and debilitating fatigue that is typical of this chronic pain condition.  I had functional capacity forms from 2 of her treating doctors that strongly supported my contention that she did not have the capacity for competitive work at any level.  In my opinion, this claimant was as deserving as any fibromyalgia patient that I have ever represented, yet the judge denied the claim because my client had published a web site about her ordeal, and used the web site to as a forum to support her fellow fibromyalgia patients.

I have seen several instances where web sites like the one I have described created problems for claimants.  I have also seen situations where a claimant was denied for “riding along” with his son in a landscaping business, and for accompanying her son to his job at a video store.

Although I think that in most of these cases, the claimants were simply bored and wanted to get out of the house, judges get very uncomfortable with activities that look like work.

In this video, I talk about part time work and my thoughts about why and how it can negatively affect your case.

Episode 25 – Part Two of Jonathan’s Interview With Attorney Tomasz Stasiuk

[mc src=”https://ssdradio.com/wp-content/uploads/stasiuk2a.mp3″/]

This is the second half of my interview with Colorado Springs, Colorado Social Security disability attorney Tomasz Stasiuk.  Today, Tomasz and I are focusing on the mistakes that we sometimes see and suggestions about how to best prepare for your disability hearing.

Episode 24 – Interview With Attorney Tomasz Stasiuk

[mc src=”https://ssdradio.com/wp-content/uploads/stasiuk1a.mp3″/]

This is part one of my interview with Colorado Springs, Colorado attorney Tomasz Stasiuk.  Like me, Tomasz publishes a Social Security disability blog along with his firm website, and Tomasz encourages dialog with readers of his Internet publication.  Social Security disability is different from other areas of law in that claimant’s lawyers like Tomasz or myself cannot observe our colleagues when they try cases.  This is done to protect the privacy of the claimants but I think it makes it more difficult for disability lawyers to improve our craft.  Conversations like this one – between colleagues facing similar issues can help bridge this gap.  I hope you enjoy part one of my conversation with Tomasz Stasiuk.

Episode 22: Can Social Security Force Me to Take a Less Demanding Job?

[mc src=”https://ssdradio.com/wp-content/uploads/SSDI_and_jobs.mp3″/]

Here is a question I received from a woman named Phyllis who sent me the following email:

IF YOU HAVE WORKED AS A PROFESSIONAL NURSE FOR PAST 25 YEARS AND CAN NO LONGER DO THE JOB AS A NURSE DUE TO DISABILITY, CAN SOCIAL SECURITY REQUIRE YOU TO WORK AS A  NON-PROFESSIONAL WITH ALOT LESS PAY  DOING SOMETHING TOTALLY DIFFERENT THAN WHAT YOUR WERE TRAINED TO DO ? IF THE ANSWER IS YES,  DO THEY  ASSIST YOU IN FINDING ADEQUATE EMPLOYMENT  IN YOUR COMMUNITY WHERE YOU LIVE.

In the podcast, I make note of the following:

  1. In evaluating your case, Social Security is asking whether there is work out there that you could do, within Social Security’s regulatory framework.  If you are successful in proving that you cannot work, you win; if the judge concludes that you can work, you lose.
  2. Social Security cannot force you to take a job.  Similarly, Social Security will not find you a job – they are not an employment agency.
  3. Social Security will ask whether you have transferrable skills from past work.  If so, they will ask whether skills you may have obtained working could transfer to an easier job
  4. Generally, I approach most cases with the mindset that I need to prove that my client would not be a reliable, dependable worker in any job setting.
  5. You can read more at my Social Security disability blog about how Social Security classifies jobs based on exertional capacity and based on skill level.

Episode 20 – Refusal to Agree to Recommended Medical Treatment

[mc src=”https://ssdradio.com/media/2007/12/13/episode-20-refusal-to-agree-to-recommended-medical-treatment/SSDRadio-refusal%20tx.flv” width=”320″ type=”video”/]

A gentleman named Mike writes in with a question about recommended medical treatment.  Mike has been diagnosed with severe depression and he reports that the psychotropic medications prescribed to him have not worked well.  His treating psychiatrist is now recommending electroconvulsive shock treatment (ECT), but Mike does not want to undergo this treatment because of possible side effects and risks.

If Mike refuses this treatment, or if any claimant refuses to undergo treatment recommended by a treating doctor, will Social Security consider that as non-compliance?  Will refusal to agree to treatment hurt one’s case?  In the following video, I try to answer this question.

Episode 19 – The Importance of Past Work, and Hearing Records on CD

[mc src=”https://ssdradio.com/media/2007/11/29/episode-19-the-importance-of-past-work-and-hearing-records-on-cd/Nov%2028,%202007%20podcast.flv” width=”320″ type=”video”/]

Episode Notes:  Link to grid rules

I have always believed that work history helps establish credibility.  Yesterday our judge said as much and approved a case with consistent, but not overwhelming medical records.

Episode 18 – How Can I Best Prepare for My Social Security Disability Hearing

[mc src=”https://ssdradio.com/media/2007/09/18/how-can-i-best-prepare-for-my-social-security-disability-hearing/SSvideo1.flv” width=”320″ type=”video”/]

What happens at your Social Security Disability hearing? What should you wear?  Who will be in the hearing room?  In this 10 minute video, Jonathan demystifies the Social Security disability hearing process.

Episode 17 – The Role of the Vocational Witness

[mc src=”https://ssdradio.com/wp-content/uploads/17July2007.mp3″/]

In this episode, I discuss the role of the vocational witness.  In many hearing offices, Social Security judges regularly call vocational witnesses to testify in hearings.  You need to understand who these witnesses are, why they are testifying at your hearing and their purpose for testifying.

The issue in any Social Security disability hearing has to do with your capacity to perform “substantial activity,” which is Social Security terminology for work or work-like activity.  The judge’s job is to evaluate the evidence and to evaluate your credibility as a witness.  However, the judge does not have any special training in job placement, the physical and mental requirements of various jobs or the number of jobs that exist in a local or regional economy.  Therefore, the judge will turn to the vocational witness to better understand the vocational impact of your medical condition.

[tags] vocational witness, adminstrative law judge, social security disability, dictionary of occupational titles [/tags]

Episode 16 – What To Expect at a Consultative Evaluation by at Psychologist

[mc src=”https://ssdradio.com/media/2007/04/04/episode-16-what-to-expect-at-a-consultative-evaluation-by-at-psychologist/blog1.flv” width=”320″ type=”video”/]

If you allege depression, anxiety or any other mental  health problem, there is a good chance that your Social Security claims rep will send you out for a consultative evaluation by a psychologist on a panel maintained by your local Social Security office.  In this episode, I explain what to expect and I discuss why this type of consultative evaluation can be so important to your case.