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Ginsberg Law Offices

Month: March 2009

Will I Win if the Judge Does Not Use a Vocational Witness or Medical Expert?

what are your chances of winning a case at a hearing when there is no voc rehab guy or medical specialist to assist the alj in a decision.
–Lamont

My response: Lamont, I think that yes you can win if the judge does not use a VE or an ME.   Here is how I would analyze:

First, what is the custom in your hearing office?  In Atlanta, where I practice, all but one or two judges regularly use vocational expert witnesses.  There are a couple of judges who almost never use them.   If a judge who always uses a VE hears a case without VE testimony, it most likely means that the issue is fairly clear cut one way or the other.

In the Atlanta hearing offices, judges rarely use medical experts – in my practice I would estimate that ME’s appear about 15% of the time.  The absence of an ME would be of less concern to me here in Atlanta. Continue reading →

Rheumatoid Arthritis Claimant Gets Denied – What Can She Do Next

I just got unfavorable decision for my SSI Disability and I can hardly walk or use my hands. I have RA and my doctor said I was permanently disabled. So why am I being denied?
– LaTrica

My response: LaTrica, firstly you should understand that there is an appeal you can filed to challenge the unfavorable decision.  In most jurisdictions, the appeal would be to the Appeals Council in Falls Church, Virginia.   In some limited jurisdictions the appeal would be directly to federal district court. Continue reading →

Jonathan Appointed to Faculty of Solo Practice University

Faculty @ SPU I am pleased to announce that I have been asked to join the faculty of an innovative and new online learning center called Solo Practice University.    Founded by Susan Cartier Liebel, a lawyer and editor of the Build a Solo Practice blog, SPU offers lawyers training about how to go into business – something definitely not taught in law school classrooms.

Solo Practice University™ is a revolutionary new web-based educational community that picks up where your legal education left off.

Learn from some of the most progressive lawyers, marketing pros, technology consultants and legal business giants how to:

* Plan, build and grow your private practice
* Differentiate yourself from the competition
* Attract and engage new clients more easily

… and much more. They just can’t teach you that in law school.

I will be teaching a class about how to set up and build a Social Security disability practice.   The doors to SPU will open on March 20, 2009 and when you enroll you will have access to practice building training in a variety of disciplines, including bankruptcy, commercial litigation, personal injury, malpractice, criminal defense, trusts and estates and more.  In addition, Susan has lined up several highly respected experts in essential practice development areas such as marketing, blogging and office technology.

If you are a new lawyer, or if you are a more seasoned lawyer contemplating starting your own practice, I can’t think of a better resource to shorten the learning curve than SPU.   Over the years I have taught continuing legal education courses about Social Security and most of the questions I get have to do with the practical side of lawyering – what books or computer programs should I get?  How do I get paid?  How do I spot good cases?  SPU goes a long way in filling this gap. Continue reading →

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