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Can a Lawyer Help You File Your Initial Claim for Benefits? 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.More on Can a Lawyer Help You File Your Initial Claim for Benefits? Listen | Listen in your iPhone | Download | View full cache | Visit Website Understanding the"Grid Rules" Social Security recognizes that individuals who are 50 years old or older, and who have a limited education and limited work skills will have a more difficult time entering into the workforce.  The "grid rules" (officially called the medical-vocational guidelines) provide a structure whereby judges can find a claimant disabled even if that claimant can still do certain kinds of work.More on Understanding the "Grid Rules" Listen | Listen in your iPhone | Download | View full cache | Visit Website Attitude is Everything – Are You a "Reluctant Claimant?" I have a good friend who works as a sales trainer.  He teaches his students that "attitude is everything."  In a sales context, if you exude confidence and believeability, you  have much better chance at making a sale.  Conversely, if you give off a "vibe" of defeatism and lack of confidence, your customers will sense your desperation and you will not be successful in sales. Read more on Attitude is Everything – Are You a "Reluctant Claimant?" ... Listen | Listen in your iPhone | Download | View full cache | Visit Website 6 Rules to Prepare for Your Disability Hearing Show Notes: 1. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website 6 Rules to Prepare for Your Disability Hearing Show Notes: 1. understand the main issue in your case – reduce it to one or two sentences Example:  In 2004 I was diagnosed with multiple sclerosis.  I continued to work until August of 2006 when I finally resigned because the symptoms and complications of my disease increased to the point where I could no longer get through a workday or a work week.  Specifically, by August of 2006 I was no longer able to walk without a walker, my fatigue had increased to the point where I ne ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Avoid Costly Mistakes at Your Disability Hearing Listen | Listen in your iPhone | Download | View full cache | Visit Website Avoid Costly Mistakes at Your Disability Hearing Listen | Listen in your iPhone | Download | View full cache | Visit Website How to Choose the Correct Onset Date for Your Disability Claim Here is a question received from a reader that touches on the issue of  how to choose the correct "onset date" for disability when there have been multiple, unsuccessful job attempts: Read more on How to Choose the Correct Onset Date for Your Disability Claim… Listen | Listen in your iPhone | Download | View full cache | Visit Website How to Choose the Correct Onset Date for Your Disability Claim Here is a question received from a reader that touches on the issue of  how to choose the correct "onset date" for disability when there have been multiple, unsuccessful job attempts: I have a brother who is a professional businessman who has tried many times to maintain a job through a devastating illness. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 27 - Why Does Social Security Have a Problem with Part Time Work? 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 ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 27 - Why Does Social Security Have a Problem with Part Time Work? 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 ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 27 - Why Does Social Security Have a Problem with Part Time Work? 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 ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 26 - When Will I Get My Money? In this episode, I answer two questions about timing. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 26 – When Will I Get My Money? In this episode, I answer two questions about timing. Question 1 is from a reader named Gwen who asks: I was told I was approved by the disability of determination bureau on Aug 15 after i had appealed my first denial. I was told it now has gone to a review board in another state. What is this all about  Please any info will be appreciated. Read more on Episode 26 – When Will I Get My Money?… Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 26 - When Will I Get My Money? In this episode, I answer two questions about timing. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 25 - Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk 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. Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 25 – Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk 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. Read more on Episode 25 – Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk… Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 25 - Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk 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. Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 24 - Interview With Attorney Tomasz Stasiuk 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 Tomas 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 mak ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 24 – Interview With Attorney Tomasz Stasiuk 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 ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 24 - Interview With Attorney Tomasz Stasiuk 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 Tomas 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 mak ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 23 - What is Best Strategy for Claimant With Multiple Medical Problems I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 23 – What is Best Strategy for Claimant With Multiple Medical Problems I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast. You have, what I believe to be be, the most informative, no BS, Attorney site I have seen in my 3 mo quest for information…enough of the "smoke up the…."…. Read more on Episode 23 – What is Best Strategy for Claimant With Multiple Medical Problems… Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 23 - What is Best Strategy for Claimant With Multiple Medical Problems I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 22: Can Social Security Force Me to Take a Less Demanding Job? Get Flash to see this player. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 22: Can Social Security Force Me to Take a Less Demanding Job? 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 ? (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 22: Can Social Security Force Me to Take a Less Demanding Job? 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 podcas ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 22: Can Social Security Force Me to Take a Less Demanding Job? 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 ? (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 21 - Complex Social Security, Workers Comp, Bankruptcy and Med Mal Problem Here is a question I received by email from a lady named Brenda.  She raises a number of issues, Social Security, workers' compensation, bankruptcy, the timing of her Social Security application and even medical malpractice.   If Social Security disability was a law school class, this would be a final exam question: I was injured in may of 2004, my workers comp case is still pending. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 21 - Complex Social Security, Workers Comp, Bankruptcy and Med Mal Problem Get Flash to see this player. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 21 - Complex Social Security, Workers Comp, Bankruptcy and Med Mal Problem Here is a question I received by email from a lady named Brenda.  She raises a number of issues, Social Security, workers' compensation, bankruptcy, the timing of her Social Security application and even medical malpractice.   If Social Security disability was a law school class, this would be a final exam question: I was injured in may of 2004, my workers comp case is still pending. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 20 - Refusal to Agree to Recommended Medical Treatment Get Flash to see this player. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 20 - Refusal to Agree to Recommended Medical Treatment 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. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 20 - Refusal to Agree to Recommended Medical Treatment 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. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 19 - The Importance of Past Work, and Hearing Records on CD 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. Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 19 - The Importance of Past Work, and Hearing Records on CD 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. Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 19 - The Importance of Past Work, and Hearing Records on CD 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. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 18 - How Can I Best Prepare for My Social Security Disability Hearing What happens at your Social Security Disability hearing? (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 18 - How Can I Best Prepare for My Social Security Disability Hearing What happens at your Social Security Disability hearing? (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 18 - How Can I Best Prepare for My Social Security Disability Hearing What happens at your Social Security Disability hearing? (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 17 - The Role of the Vocational Witness 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. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 16 - What To Expect at a Consultative Evaluation by at Psychologist 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. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 15 - Speeding Up the Process, and Part Time Work Show Notes: 1)  MY HUSBAND HAS SIGNED UP FOR SSI DISABILITY 7 MONTHS AGO. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 14 - Good and Bad Hearing Experiences Show Notes: 1) dear Jonathan, i was finally able to go before the ALJ yesterday, my lawyer was 25 mins late and had no clue about the case ,we did not get together to discuss my case anytime before hand, needless to say i was trying to get across that i was having problems concentrating, what is this lawyers problem?, i was advised of nothing..i am late deafend hearing loss, have balance problems ,dizziness, and lack of concentration, i was ranting and raving like a fool, in there, trying t ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 13 - Onset dates, part time work and SSI Offsets Show Notes: 1) I have a lawyer and I'm waiting for my ALJ hearing ( 1 1/2 to 2 years, I was told at the SS office) Due to financial issues, I was unable to continue treatment with the doctor that first diagnosed me with lupus, firbomyalgia and MCTD, and I now go to a charity clinic. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 12-What Should You Expect from Your Lawyer? In this episode, I address the question - what should a Social Security client expect from his attorney. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 11 In this episode I answer two listener questions. The first question has to do with eligibility for Title II benefits. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 10 In this episode I discuss the term "residual functional capacity" and explain why your "RFC" is such an important part of your claim for Social Security disability benefits. (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 9 In a departure from my practice of answering blog visitor questions, in this episode I am presenting an interview I recently conducted with attorney John Hogan, who represents Social Security disability lawyers in the 11th Circuit on the board of NOSSCR (National Organization of Social Security Claimant's Representatives). (...) Listen | Listen in your iPhone | Download | View full cache | Visit Website Episode 8 In this installment, I answer three questions from listeners and I discuss Social Security's new Social Security Disability Regulations that go into effect on August 1, 2006. (...) 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