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Winning Strategies for Back Pain Disability Cases

Hi there, this is Jonathan Ginsberg and today I'd like to talk to you about how I approach a case where the primaryimpairment is back pain As you might expect SocialSecurity judges see a lot of back pain cases its probably the mostcommon physical ailment that Social Security judges are going to see and as such you really need to keep in mind that you've got to stand out a little bit because

a lot of people come in withosteoarthritis and pain in their lower back and again because judges see it sooften how they tend to sometimes discount the severity of it and whether in fact it is truly disabling. Further you have to realize and this issomething you probably wouldn't think about, but it's actually the case

some of the judges that I've beenin front of have actually had back surgery because again back problems are prettycommon in the population and of course a lot of these judges have very goodinsurance they have physical therapy afterwards, they have good s and soforth and so their recovery might be more uneventful than yours. Again, a judge is not doing physical labor

and again he has got typically real goodhealth care. If you've done physical labor or if your health care is not as good youdon't have access to physical therapy or or medication or as much follow up then you may not have gotten the same resultsas the judge but again the judge who's deciding your case is looking at yousaying quot;I went through the same surgery and I'm fine. You know I can't play basketball anymore but but I can play golf and I can do a lot of different thingsquot; and

he or she you may feel likewell you know I've recovered how why can't youé And, again, that's just human nature but just beaware of it. I'm not saying that makes the judge not sympathetic to you butjust be aware that you need to do something to stand out a little bit andshow the judge that your situation is one that did not resolve as easily as his or hers may have. I think that when you deal withback pain cases like in any Social Security case

number one you want to emphasize ifyou've got a long work history. I think this is a factor that you may not think about but this is i think a factor that many judges find it very verycompelling. If you have a long consistent workhistory where you've been in a job, you've performed admirably at the job you've madegood money at the job. people don't give up good jobs and opportunity for retirement, a pleasant retirement, to collect $1,500 or

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