This is part two of a three part interview I conducted with attorney Bryan Konoski. Bryan's practice is focused primarily on appellate work - filing appeals from unfavorable hearing decisions with the Appeals Council and, if denied at the Appeals Council, with federal court.

In this part of our conversation, Bryan and I speak about vocational witness testimony. As you may know, Social Security judges almost always call a vocational expert to testify at disability hearings. The vocational witness will classify your past work based on exertional level (sedentary, light, medium, heavy or very heavy) and based on the required skill level (unskilled, semi-skilled or skilled) for that job.

The judge will then pose a series of "hypothetical questions" to the vocational expert to determine if a hypothetical person could return to your past work or to any other work given specific work limitations arising from your medical issues.

In our discussion, Bryan explains how he has been able to win appeals based on sloppy vocational expert testimony, or by arguing that the judge made an error of analysis by not including all of a claimant's limitations in the questions posed to the vocational expert.

Incredibly, Social Security still relies on a directory of jobs that was last updated 40 years ago! So there is often a disconnect between the requirements of a job in 2024 and what that job required in 1984.

Hearing attorneys like me often bring on attorneys like Bryan as co-counsel to review unfavorable decisions and to draft appellate briefs. If you are a disability attorney who would like to tap into Bryan's years of experience, you should reach out to him.

If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.

If you find my podcast useful please take a minute to subscribe rate and review it on Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
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This is part one of a three part interview I conducted with attorney Bryan Konoski.  Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work.

The appellate work that Bryan does is very different than disability application and administrative law judge hearing work.  With very rare exception Bryan is not presenting new evidence of disability to a judge.  Instead, he is identifying errors of analysis made by hearing judges who have denied a claim.

Because hearing  judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.

In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work. 

Many disability attorneys or non-attorney reps do not routinely handle Appeals Council and Federal Court work and Bryan has positioned himself as an excellent resource for the Social Security disability claimant's bar.  Like hearing attorneys, however, Bryan's firm handles cases under a "no fee unless you win" contingency fee contract there is no downside to having an appellate attorney review your case file. 

In this part of our discussion Bryan and I identify some of the most common errors made by hearing judges that can result in a remand (a new hearing). And statistically a high percentage of remanded cases are approved in a second hearing.

If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

What type of conduct does Social Security consider to be fraudulent?  Are you committing fraud if you exaggerate your symptoms or if there is no MRI to document your back pain claim?

Or does SSA define fraud as conduct that goes far beyond overstating your symptoms? 

In my conversation with former SSA fraud examiner Greg Brinkley we try to draw a clear distinction between statements you might make in writing or verbally that won't result in a claim approval and statements that might prompt a visit from a fraud investigator.

Some Members of Congress believe that the Social Security disability system is riddled with fraud.  In my experience this is not the case but I found Greg's perspective informative and practical and I think you will as well.

Since retiring from SSA, Greg has started his own consulting business called the Disability Yoda, which you can learn about on YouTube or on Greg's website.  Greg is a great resource for the disability community and I'm happy to introduce him to you.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST: Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd