Articles Posted in Boston SSDI

According to a recent news feature from WCNC News, there was an understandably strong reaction from the social media community when a man who had three limbs amputated was denied for Social Security disability benefits.  She suffered from a very serious infection known as sepsis and almost died. She was lucky enough to survive sepsis, but the infection required doctors to have to amputate three of her limbs.  In total, she lost one leg, one foot, and both arms.  She was left with one leg without a foot.

She was a stay-at-home mom before becoming sick and had not worked for the ten years prior to filing for Social Security benefits. She had chosen to stay home and take care of her family while her spouse worked.  While she did not earn an income, she clearly provided a great deal of value to her family. Continue reading

When you first go to file a Social Security disability benefits claim, you will need to provide a great deal of information to the United States Social Security Administration (SSA).  The SSA is the agency that runs the Social Security Disability Insurance (SSDI) programs and the Supplemental Security Income (SSI) programs.

The first thing you will have to do is gather your medical information, including an opinion of a treating physician as to why you are disabled.  However, it should be noted that the SSA often has a very different interpretation than a medical doctor of what it means to be disabled.  Continue reading

Over the past few months, there has been a lot of coverage about one administrative law judge (ALJ) who was and still is working for the United States Social Security Administration (SSA).  This judge allegedly would write down notes about applicants who came before him for administrative hearings when their respective applications for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits were denied.

Two employees, who have claim they have faced retaliation for the actions, had decided to become whistleblowers to tell the agency about what this judge was doing.  He had allegedly commented on applications that one claimant was “buxom” and another was “gorilla like.”  There were many other such messages like this, as well allegations that this ALJ was sexually harassing staff members at his SSA office. Continue reading

According to a recent news feature from AL.com, a former administrative law judge (ALJ) has been arraigned on federal criminal charges related to allegations that he had sex with a disabled woman in exchange for awarding her benefits and then tried to cover it up by destroying evidence.

An administrative law judge works for the United States Social Security Administration (SSA) and presides over hearings to determine if a claimant is entitled to disability benefits. These hearings can be requested once a claimant’s initial application is rejected and then a written request for reconsideration is also rejected. Continue reading

A recent news feature from The Newberg Graphic takes a look at how the parents of children with cancer may be able to apply for Social Security disability benefits.  While we normally think of disability benefits for people have become injured or ill and can no longer work, there is also a program for children and some adults who are disabled and have never worked at all.  The disability program for those who have a work history is known as the Social Security Disability Insurance (SSDI) program, while the program available to some disabled children is known as the Supplemental Security Income (SSI) program.

The first thing to understand is that the Supplemental Security Income program is an income-based program.  In other words, it is only available for those who live in very low income households and qualify based upon income guidelines.  The federal income guidelines are very strict and are based on the federal poverty level.  It should be noted that number can be higher than the actual poverty level in some cases.  On the other hand, SSDI benefits are not tied to household income.  While is true that the claimant cannot personally engage in substantial gainful activity (work), it does matter if the income is for the other members of the household. Continue reading

Reece v. Colvin, involved a claimant who was born in 1980.  She did not graduate from high school, but she did obtain a GED.  She had only worked one job in her lifetime, which was assisting her husband at his turtle farm.  At the age of 29, she filed an application for Supplemental Security Income (SSI) with the United States Social Security Administration (SSA).  The SSA is the federal agency that oversees the Social Security Disability Insurance (SSDI) program, the SSI program, and the Old Age and Retirement benefits program.  SSI is generally for disabled children, blind people, disabled elderly persons and those who have not worked enough to have paid in the system to make them eligible for SSDI benefits.

Her basis for filing a claim was that she could not work due to severe osteoarthritis, lumbago, a genetic spine disorder, stomach pain deemed chronic, and breathing issues. She submitted her application along with supported medical documentation, as the SSA requires.  Her documentation included records for her doctor who had treated her for pain for the year prior to her filing for disability benefits. Continue reading

Aguiniga v. Colvin, a case from the U.S. Court of Appeals for the Eighth Circuit, involves a 44-year-old woman who was injured as a result of a serious motorcycle accident. This accident occurred in 2007, and she suffered a broken pelvis (six fractures) and also a broken wrist.

A few months later, she had an MRI taken, and she was diagnosed with a disc condition in her cervical and lumbar spine.  She also suffered from tingling and numbness in her extremities. She went to doctors on multiple occasions for treatment for this condition in the years following her serious motorcycle accident.  However, she was terminated as a patient from her physical therapy provider when she missed three appointments and did not reschedule these appointments. Continue reading

There are two different types of Social Security disability benefits for which a disabled individual can apply, depending on the facts regarding his or her disability and work history. The most common type of benefits for which claimants apply are known as Social Security Disability Insurance (SSDI) benefits.  These benefits are designed to help people who have a substantial history of engaging in gainful employment, but can no longer work due to a disability.

The second type of benefits available to some claimants are known as Supplemental Security Income (SSI).  Like SSDI, SSI benefits are also administered by the United States Social Security Administration (SSA), which is a federal executive agency. SSI benefits are designed to help disabled children in low-income households.  The program is also designed to help blind and disabled elderly individuals.  There is no requirement that a person have worked to apply for this type of disability award. Continue reading