Get insider tips from a top disability attorney Avi Leibovic on why medical records matter

Yaya Diamond TV

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Transcript

00:00i would say one thing the the i'm only as good as the medical records so i always say on tick tock

00:05my video records in my videos medical records medical records medical records i humbly i'm

00:11a very good attorney but again i'm only as good as your medical records you can't just say ouch

00:18everything is hurting me everything has to be documented in the medical

00:22records if you don't if it's not documented it didn't happen

00:42yeah

00:52chase your dreams be good be very good

01:04i don't know about that every time i hear that and i see the memory of my mom being

01:09in myself in the in the studio in the kitchen studio doing her tv show that she loved the cooking show

01:16and she said to me she said p could be very good she was actually pointing at me i was behind the

01:21camera and i was going i don't know but it's such a pleasure to be here i'm so happy that you guys

01:28are here my name is yaya diamond and i am the host here of dream chasers radio we've been

01:33doing so many different things for so many different amazing people having so many amazing

01:38people on the show today we're all about you and we always have been and that's the key to this show

01:47it's dream chasers for a reason and i do have my guest on the show today it's avi libovic like did

01:53i say that right you're doing terrific avi libovic yes ah libovic uh jewish that's what they say

02:01ah okay a nice jewish attorney right everyone wants a nice jewish attorney in their corner

02:06you need one of those i hope so i try to be i try my best so avi how did you know you were going to

02:13be an attorney was that something you've always done or was it a mistake did you have absolutely

02:17just walk into it what was that well that that's a great question you know deciding whether or not

02:22to be an attorney you really have to uh decide first what type of attorney you want to be there

02:27are some attorneys who sit in a room quietly with a keyboard and they just type away and they write

02:33briefs or they like legal memorandums and there's other attorneys who like to with a little bit of

02:38their charisma and a little bit of their style they like to be out there they like to be in front of

02:41judges they like to tell stories and that's what i am i'm a storyteller and what i've done over my

02:47career uh is i've helped literally over 500 000 people in the course of my 30 years uh apply and

02:55appeal and win their disability benefits and um i've always been a storyteller and i knew that i wanted

03:01to go into the health field since i was a probably about in eighth grade i used to volunteer at a hospital

03:07and i remember going bedside to bedside to all the patients and welcoming them and sending good you

03:12know good wishes and things like that and sending my blessings and prayers and it just made me feel

03:18it made me feel um humble it made me feel lucky to feel to be healthy and it made me feel all warm and

03:25fuzzy inside and that's really how i decided that i wanted to get into patient advocacy and helping

03:32disabled people and that's what i've been doing for the last 30 years is helping people fight for

03:37their rights to win their social security disability benefits i love warm and fuzzy warm and fuzzy is the

03:43only way you can go you got to be warm and fuzzy you better be a storyteller definitely a storyteller

03:49yes definitely so i help people i help people tell their stories to social security and to the judge

03:55that's what i do that is beautiful i i know that this is a difficult field to be in not only that

04:00there's so many different aspects and so many different variations of of health and so many

04:06different situations where people are eligible and they and there's a borderline and then there is a

04:12definite no um how have you been able to kind of determine that and and make that kind of like a

04:18kind of like an automatic pilot kind of thing because i know once you get into it you just know you

04:22know what i mean you know you know what's gonna fly and what's not right well let's let's give some

04:27statistics so people really know what we're up against because when you say that they some get

04:31approved and some don't the national data tells us that 70 of all initial applications are denied 70

04:40it gets even worse because the national data tells us that on the reconsideration which is the

04:45first level of appeal 85 of all reconsiderations are denied so i don't know if you go with vegas odds you

04:52go with atlantic city odds if you have a 70 denial rate or an 85 denial rate you know you really have

04:59an uphill battle to show through your medical records to show through your paperwork and documentation to

05:04throw through testimony whether you're not disabled how do i know well it it really takes years of

05:11experience it takes years of looking at hundreds of thousands of cases knowing you know between uh their

05:18age their past relevant work their um their history their education and of course their medical conditions

05:25because it all goes into a soup pot it isn't just about your uh your medical conditions it's also about

05:31like i said your age your education and your past relevant work history you have to put it into a soup

05:36pot you have to mix it all up and hopefully if you have a good legal mind and a good legal awe you

05:41say you know what i believe in your case and i think we can help you out that's good wow that's a

05:47lot so whoo 70 70 percent denial rate that's correct that's sad because those 70 percent those people in

06:00the 70 percentile are they could they be eligible but not actually doing it correctly you know there's a lot

06:09of people who number one are not doing it correctly they don't know how to fill out the forms they don't

06:14know how to uh attend their consultative examinations with the doctors and what to specifically tell the

06:20doctors they don't know they're supposed to provide their prescriptions for their canes their walkers

06:25uh you know their wheelchairs they don't know that they need to submit their mris they don't even know

06:30how to request their medical records so there's a lot that goes wrong with the actual applicant or claimant

06:36as they're called in the business uh where they need some help and they need some hand-holding and

06:40they even need someone who is a captain of the ship moving it forward but there's also some uh aspects

06:47where social security uh the blame falls on them they are often under pressure to make decisions so

06:55they make decisions without getting all the medical records they're often under pressure because they are

07:00under uh staffed and the volume of people applying uh is in the millions and they just don't have

07:06enough workers so when you add together people not knowing how to apply with a staff that is uh

07:12underworked underpaid and you know have just are all backed up especially now during a government

07:17shutdown where things are just not moving you end up with a 70 percent denial rated application and 85

07:24denial rate at the reconsideration level which is why most of these cases are won at the hearing level

07:29before a judge and that's why you need an attorney by your side that is so important now a lot of

07:35people are scared to get an attorney you know why because attorneys take money right and a lot of

07:41people think that they have to put up the money first that's excellent point okay i mean so how does

07:47that work okay social security has a couple of safeguards in place for this the first thing you need

07:53to know about social security attorneys is that there is no fee zero nada zilch nothing no fee unless

08:02i can win your case so they don't have to put anything up front they have nothing to lose and if

08:08they get approved then their fees for the legal fees are only 25 or as of 2025 and 90 200 whichever is

08:17the lesser number and then the commissioner of social security goes ahead and eyeballs those fees

08:24to say is this attorney taking advantage of this sick person is this attorney properly going ahead

08:29and getting the fees that they deserve or is there something that just doesn't smell right i think it's

08:34very important for people to note that the average fee is about fifty four hundred dollars but if you

08:38got fifty four hundred dollars again that's twenty five percent if you do the math they're receiving well

08:43over twenty thousand dollars so it's a very you know in personal injury attorneys are taking 33

08:48percent or even more so this is a 25 and it's and they don't have to put anything up in my office

08:54you don't even have to pay for the medical records i pay up to 199 per medical office to request the

09:01medical records if you were doing this on your own you'd have to pay the fees the copy service you'd

09:06have to pay the fees to get the medical records for them the retrieval costs right my office i pay for it

09:11all you don't owe me a penny unless i win your case wow wow we part as friends we part as friends

09:18that's it yeah yeah definitely that is great that is great so okay so a person that that that really

09:26truly needs it now if a person is already on social security can they get disability well when you

09:32say already on social security there's a lot of different programs i think you're referring to

09:36retirement benefits correct yeah okay so if you're already getting retirement benefits you cannot

09:40double dip you are not able to get social security retirement benefits together with social security

09:45disability benefits it's one or the other but if you are in other agencies and other programs for

09:50instance a veteran you served in the armed forces you can double dip from veteran benefits and social

09:56security disability benefits so there is a way to kind of add on and pancake these benefit programs

10:02you know from different agencies or um but not you cannot get retirement benefits and disability

10:07benefits at the same time i got you so you said at the same time so is it a technicality where they

10:12can get it with maybe denying the social security retirement and going for the other disability well

10:19i think the way to look at it for your listeners at home and the best way to understand it is the social

10:24security disability program runs from the ages of 18 to 65. so if you're in that zone of 18 to 65

10:32and you're out of work for 12 or more months because of your medical conditions you may be eligible for

10:38social security disability benefits now when you let's say you get approved when you turn 65 those

10:44disability benefits automatically convert into retirement benefits so one kind of rolls right into

10:50the other you don't you don't have a reduction in the benefit amount your full disability amount is equal to

10:56your full retirement amount so you really are rolling from one to the other as you transition

11:01from 65 and on now what if a person's already 65 they only have they're only eligible for retirement

11:09benefits so you have to do that sooner if they are eligible they have to find out early yeah 18 to 65

11:18yeah when people are usually working by 65 or 67 or 70 depending on when you want to retire you have some

11:24flexibility but for the disability program it's 18 to 65. that is interesting that's so cool that is

11:30so cool now you you have done lots of cases yes you have gone through lots of cases what was and i don't

11:38i know there's client privileges i'm not asking for anything specific but like have you seen where

11:45people should have gotten it but didn't get it okay amount of reasons or a technicality or something yes

11:53well i want to go ahead and i want to first lay out for your viewers how the process works

11:57you really have five bites at the apple or if you go like i always say like if you go to a carnival

12:02and there's balloons hanging on the wall they give you five darts and you get five darts to try to pop

12:06the balloon you get five chances to get approved you have an application an initial application if that

12:12gets denied you have a request for reconsideration if the request for reconsideration gets denied it goes to a

12:18hearing before an administrative law judge if the hearing is denied by the judge it goes to something

12:24called the ssa appeals council and then once it gets to the appeals council if it gets denied again

12:29you can go to federal court so you have many opportunities five to try to get approved now you

12:37asked me is there something that you know for some reason people just don't get approved when they should

12:41approve when they should get approved and the answer is judge win rates the judge win rates range from 15

12:49percent win rate as high as 87 90 win rate and it all depends on the judge that you're assigned you have

12:55no um no flexibility with the judges assigned you can't say i'm sick and hopefully another judge will

13:02show up on another day you can say i want to change jurisdictions if they assign you a judge

13:07that's your judge so if you get a judge with a low win rate you have a lot of work to do how do you

13:13overcome the low win rate number one is you hire an attorney who knows how to present a theory of

13:18the case who knows how to bring a magnifying glass down onto the juicy parts of the medical records i

13:24always use that word you have medical records and you have juicy medical records we want to have a lot

13:28of juicy medical records so you need an attorney who knows how to tell the judge look on exhibit four

13:35on page 32 at paragraph three and you'll see exactly there what it is that you need to find

13:41that's how you overcome you know a low win rate is having a good attorney by your side that's wonderful

13:47i absolutely love that and your website is and benefits for all it's right down there guys and

13:52benefits for all but it's also in the description box no so i wanted to go to your website because i've

13:56been showing people your website and and i think people need to see that so basically you do have your

14:02latest book on amazon and it's 101 tips to win your social security disability claim it's just tips

14:09guys this is not something that you can win your disability claim with okay it's tips it's like

14:14getting started right am i correct i mean because a tip is a tip it's got nothing to do with the whole

14:19thing a tip is a tip you you need to if you use those tips you will substantially increase your chances

14:25of winning but nothing will take the place of an attorney exactly or me the author of the book

14:30you know to go ahead and move things forward to move things from the starting point of an

14:36application to the finish line of congratulations you're a winner winner chicken dinner let's get you

14:40paid you really need a a good sharp attorney who has tremendous amount of experience and knowledge

14:48not just with medical conditions but how the court works how to present the theory of the case

14:52and how to get the case paid as they say right and so you do have your services free eligibility

14:58and appeal screening application completion assistance so there's there's really really

15:04great things that you have there that's going to actually help the person go through every every

15:09aspect of it plus the book how did you know you were going to write this book i mean what was it

15:13that that propelled you to actually give 101 tips you know when covet came out and all the social

15:19security offices closed around the country i found myself at home uh with a little bit of extra time

15:26so i started doing tick tock videos and at one point i said you know what we're going to come

15:31out with a video where we're going to help people learn the process of how to win their social security

15:37disability claim and i started with my first video it says tip number one if you can't work for 12 or

15:43more months because of your medical conditions you may be eligible for social security disability

15:48benefits that was tip number one i kept doing these tips i got up to like 300 and then i just started

15:53making different videos but this book of 101 tips were the best 101 tips that i came out with

16:00you know over the course of tick tock so tick tock was really a catalyst for that uh i'm happy to say

16:05that i have over 700 000 tick tock followers i'm happy to say that i have close to 6 000 tick tock videos

16:13and i'm humbly happy to say i have over 60 million tick tock views from all my tick tock so we're reaching

16:18i'm telling you every day i'm getting dms every day i'm people are contacting me and they're saying

16:23i wouldn't know what to do if it wasn't for you attorney avi i wouldn't know where to begin and i'm

16:30happy as i said before i always like to say i want to make you a winner winner chicken dinner

16:34you know what i'm saying and that's what i like to do i like to make people winner winner chicken dinners

16:39that is wow excuse me i'm just um it's it's it's how would you say you've seen so many people

16:49that don't know how to do it you've seen them struggle you've seen you've seen them not be

16:53able to work you've seen them kind of plummet down and they don't understand that they don't need any

16:58money to get a real attorney if they're going for this disability they don't really need they just need

17:04to reach out they just need to reach out there is no retainer fee a screening which takes about

17:108 to 12 minutes on my web page we utilize the most advanced technology ai technology where all you have

17:18to do is just pick up your phone and just talk into the phone and tell me what is wrong with you

17:25the ai will pick it up will transcribe it it will ask and prompt you for additional questions

17:30meaning if someone says they have diabetes the ai will pick up the word diabetes it will ask you

17:35if you have what's your a1c it will ask you what your blood sugar levels are it will ask you if you

17:40have neuropathy it will ask you any question related to diabetes if you say you have depression

17:45it will prompt you and it will ask you a whole bunch of questions about depression or your heart

17:49problems or whatever you have it's as simple as doing a simple screening talking into the phone

17:54and then i personally the ai does not make the decision whether to take the case

17:58i only trust ai up to a point every screen that comes in through our ai is personally screened by me

18:06with my experience my background my knowledge and my legal mind which has been fine-tuned after

18:13looking at hundreds of thousands of cases of course of course wow wow and so i mean okay going back

18:20to your website i really do have to go back that blinking red box yes is that what you're talking about

18:27that's the button you push that button it will take you over to our introductory uh page welcoming

18:33you and from there it just you just begin you push the record button and you just talk into the phone

18:39you don't even have to type it you just that that blinking red box right the blanking lead block click

18:44here to see if you're eligible that's it right there yeah yeah and you also have your phone number

18:48which is 845-576-0077 that's wow wow to me this helps so many people and and it also kind of takes

19:02away all those those things those what are they fables these things these lies that people talk about

19:07when they say this and that and the other you need money to do you don't actually need the money you just

19:14need to reach out and let them handle the case for you well that that is how the government set it up

19:20because they want people to get an advocate they want people to get an attorney they want people to

19:24get the help that they need and they understand that many of these people are sick and cannot work

19:29that's the criteria it's not just that you're sick you have to be sick for 12 consecutive months

19:34so a lot of people by the time they get a couple months in a lot of people don't have uh savings and

19:40things like that they're living check to check they've borrowed some money from the family they

19:44borrowed some money from friends or from community from clergy and after a couple of months they're

19:49already saying how am i going to put food on my table how am i going to keep a roof over my head

19:53how am i going to pay for my medicine and by going ahead and saying you know what oh there's this free

19:59attorney you know attorney who i can call yeah i'm happy to be of service i'm happy to review your case

20:07i'm happy to present you with a theory of the case and see if we can make you a what a what a winner

20:12a winner winner chicken dinner that's right you do have a uh video on your website do you mind if we

20:18watch that really quick is that absolutely enjoy awesome are you disabled do you feel alone lost and

20:26confused as to what your next step should be if you can't work for 12 or more months what if you've

20:32gone ahead and you've tried to work but you still are unable to because of your severe medical

20:37conditions whether they're physical or mental or both hi my name is avi libovic and i'm the president

20:44at im benefits for all and the lead attorney at avi libovic and associates over the course of my career

20:50i've gone ahead and i've processed over 500 000 disability applications i've helped many people just like

20:58you get approved for social security disability benefits and i want to help you if you founded

21:03this page it's because you have a lot of questions and you're desperately searching for guidance and

21:08for answers go ahead click the screening button below and we will do a quick screening on you so

21:14that i can understand your diagnosis your symptoms your medications your hospital visits and your

21:19activities of daily living in terms of your restrictions and your limitations once we go ahead

21:24and we do a quick screening for you my staff will contact you and we'll reach out to you and we'll

21:29have a conversation and come up with a strategy how to present a theory of the case to the social

21:34security administration you have to understand that this is going to be a long process it could take

21:4018 to 24 months if additional appeals are needed or if you have to go before a judge at an administrative

21:46hearing for your disability benefits let me tell you what you get if you win your disability benefits

21:52not only do you get monthly cash benefits you're also going to get medicare 24 months from your

21:57entitlement date you will be eligible for medicare not only will be eligible for medicare monthly cash

22:03benefits your children 18 and under who are still living at home each one of them will also receive

22:09some benefits because of your hard work what do you need you need 40 active work credits what's a work

22:16credit a work credit is accumulated points that you earned over the course of your career

22:22when you've paid taxes through the payroll to the social security administration in most cases

22:28you're going to need 40 credits as we just said but sometimes there's some flexibility in a sliding scale

22:33if you're under 40 credits the program runs for 18 to 65 year old individuals both men and women are

22:40eligible and the percentages nationally show us that they are approved in almost equal percentages at about

22:4650 or 51 percent let me help you win your disability benefits i'm excited to talk with you i'm excited

22:54to strategize with you to come up with a theory of the case i'm excited to request your medical records

22:58and help you with the social security forms and most importantly i'm excited to help make you a winner

23:04winner chicken dinner i love that winner winner chicken dinner dinner dinner all night long yes definitely i

23:13think that video explains i mean a lot thank you it explains a lot and it definitely is something

23:18that a lot of people need to kind of gravitate to if they feel like they've been denied and they still

23:24have those other four things that no one tells them that they have right you go to the you go to the lawyer

23:30they say you denied you leave right you need a good attorney who can explain the process to you who can

23:36hold your hand and who can lead you through the maze this administrative maze to like i said get you across the

23:42finish line that's it that's it well wow i mean thank you so much for being on the show is there anything

23:48that we missed today that you would like to say i think that there's a couple of points that um should

23:57be emphasized one of the points is is that you may not even realize that you're eligible you may not even

24:05realize that you're eligible if you really are not feeling well and it's been 12 months and like i said

24:11you cannot pay the rent you cannot put food on your table you don't know how to pay the electricity

24:16you're getting evicted you should pick up the phone and you should call an experienced attorney to see

24:22if they can help you that's the criteria 40 active work credits 12 consecutive months and the reason

24:30it has to be because of your severe medical impairments both physical and mental can be looked at in

24:38fact in most cases the application uh that we file includes a physical and a mental component to it

24:45so just because you're saying well you know i don't know if i have enough you shouldn't make that decision

24:52you should let an experienced attorney make that decision and one thing that we didn't speak about

24:56is that two things that social security really looks for is attendance can you be reliable employee are

25:03you going to call out more than two or three days a month and the second thing is what they call off

25:07task time we didn't speak about attendance or off task time off task time means how many minutes a day

25:15are you going to be away from your workstation either because you need to take a break you need to

25:18stretch you need to use the restroom you know you're not feeling well you have anxiety you need to back up and take a

25:24breather if you're going to have more than uh 10 off task time you can win if you're going to be more

25:32than absent three days a month you can win you just need to have the right attorney who knows how to make

25:37the arguments and who knows how to go ahead and tell your story remember i have my own story but this is

25:46your story and as being a storyteller as as we mentioned before a little bit is the name of the

25:53game i add color to your story i add detail to your story and i make sure that it that it pops to the

26:00judge it's very important that your story takes on a life and it's presentable to a judge in the

26:08application and on the reconsideration it's all forms that you fill out you don't really get a microphone

26:14to tell your story but when you get in front of that judge and you have a 60-minute hearing

26:18you're given a microphone and then you finally get to tell your story and you can explain to

26:24the judge why you cannot work why you're unreliable why you can't be at your workstation

26:28why you have to elevate your feet why you need to go ahead and stretch or you can't be around

26:32public co-workers or supervisors whatever your story is you have you should have the time to sell

26:39your story so that you have your due process rights and uh you put your best foot forward to

26:45make sure that you get the benefits that you've paid for over the course of your career yeah definitely

26:50i agree with you and i i thank you so much for bringing those topics up that we didn't talk about

26:55because i know there's much more to it than just what we talked about as well well thank you for making

27:00yourself available and for educating your community i think you're doing a great job and they need you

27:05they need your show they need your inspiration and they need your energy which you have a tremendous

27:10amount of energy you you're doing great you're doing great thank you thank you so much and you

27:15guys it's in benefits for all it's down it's over there it's down over there under under obvi and then

27:23above obvi is a qr code and there is that qr code that's going to take you to his website too so if you are

27:31watching on youtube or somewhere on your tv or something like that and you want to just put your phone up

27:35and just go straight there there's the qr code in the corner over over there

27:42above obvi everything's backwards so obvi thank you so much and uh and thank you guys so much for

27:50tuning in don't forget that you can be eligible and not even know it so you might as well just go for

27:57it i mean you just do it just call obvi i would say one thing the the i'm only as good as the medical

28:04records so i always say on tick tock my video records in my videos medical records medical

28:09records medical records i humbly i'm a very good attorney but again i'm only as good as your medical

28:16records you can't just say ouch ooh ee ah everything is hurting me everything has to be documented in the

28:22medical records if you don't if it's not documented it didn't happen that's right yeah yeah that's it

28:31that's it that's it they're not giving out free money they're not giving out free money

28:36yeah and they're not giving out free money you have to have it all in the medical records

28:40definitely definitely well obvi thank you and thank you guys again so much for tuning in

28:44don't forget to dare to be different but most of all if you are in in in just looking for that social

28:49security uh you know uh disability benefits and you're under 65 or between 18 and 65 you can go

28:58ahead and call obvi and and get that information that you need most of all you can go to the website

29:02click on a blinking red button and take that quiz you know and and see if you might be eligible and see

29:10if obvi will take your case on if it's not documented it's not happening so make sure you're getting that

29:17done as well i want to thank you guys so much for tuning in don't forget to dare to be different

29:21and until next time guys see you later

29:38thank you for watching

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