Articles Posted in Boston SSDI

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The payout of Social Security Disability Insurance (SSDI) benefits have become a highly politicized issue in recent years. There has been a growing (albeit erroneous) consensus among some politicians that SSDI benefits are far too easy to obtain and too many people are avoiding viable work options because it’s “easier to stay home and collect a check.” sadness2

One need only look at the rigorous eligibility requirements and application process to see why that’s not true. But if you’re looking for more evidence, turn your eye to the latest research by the Center on Budget and Policy Priorities. The study authors looked at the various programs over the last 25 years imposed by Congress to push SSDI recipients to return to work.

These include the “Ticket to Work” program in 1999 that provided vocational rehabilitation for recipients to the most recent Benefit Offset National Demonstration (BOND) program that reduces a person’s disability benefits by $1 for every $2 they earn (making benefits $0 when they reach Substantial Gainful Employment Activity – SGA). Unsurprisingly, none of these efforts have had much impact on the government’s bottom line or the number of recipients.

Why? Because despite the rhetoric that the SSDI program is too expensive and has become bogged down with waste and corruption, the reality is people who are receiving SSDI have very limited work capacities. That is: They are not committing fraud. They are not taking more than their fair share. They are not able to work and simply refusing to do so. They are disabled – and they had to go through a rigorous vetting process to prove it. Even those who may have limited work capacity aren’t likely to return to a situation where they can do so in a way that will allow them to be self-supporting in the long-term.  Continue reading

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Learning about federal benefits can feel a bit like stirring a bowl of alphabet soup: SSI, SSA, SSDI, SSN and more. ssdi

Many people are overwhelmed when they first start to sift through pamphlets and informational websites. Sticking with it is worth it, though, because you never know when disability may afflict you or your loved one. Knowing which benefits you are eligible for and how to obtain them are critical.

Two of those that are routinely confused: SSDI and SSI. Not only are they similar acronyms, but they serve somewhat similar purposes. Both provide financial aid to persons who are disabled and, in some cases, their families. The main difference is how eligibility is determined.  Continue reading

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Those deemed permanently disabled by the Social Security Administration (SSA) are entitled to Social Security Disability Insurance (SSDI) benefits, assuming they worked for a time prior to the onset of their disability.graduation1

They are also, unlike almost every other former student, entitled to student loan debt forgiveness. However, very few took advantage of this, despite the fact that many struggle to meet the basic needs of themselves and their families.

Now, the Obama administration is making a point to root out and identify those who have this been designated totally and permanently disabled and forgive their student loans – a total of $7.7 billion in federal student loans. Continue reading

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In Dimmett v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant applied for Social Security Disability Insurance (SSDI)  benefits from the United States Social Security Administration (SSA).  Claimant was 62 years old at the time his appeal was heard.

1033916_medical_instruments_3The reason he claimed disability was due due to asthma, asbestosis, chronic obstructive pulmonary disease (COPD), and heel spur in one foot.  The administrative law judge (ALJ) heard the case and determined he was not disabled within the meaning of Social Security disability regulations. Continue reading

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Allensworth v. Colvin, a federal disability appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was appealing denial of Social Security Disability Insurance (SSDI) benefits application.

It should be noted that the United States Seventh Circuit often tends to favor claimants more so than other circuits, and this is especially true of Judge Posner.  In this case, Posner not only heard the case but also drafted the opinion for the court.

952313_gavelClaimant asserted that his back began to hurt in 2008.  The pain got worse over time and spread to his legs.  When he went to his doctor, tests were done, and it was determined the main cause of his problem was a herniated disk, but he also had severe arthritis.  He received treatment for these medical conditions in 2010. Continue reading

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Mabry v. Colvin, a federal disability case from the United States Court of Appeals for Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI).

1078874_word_work_on_the_dices-300x214Claimant initially filed for disability benefits in March 2011, claiming he was disabled and thus unable to work due to a combination of ailments. He claimed he was not able to work due to having paranoid schizophrenia, anxiety with panic attacks, morbid obesity and depression.  His educational history consisted of graduating from high school and going to college for a year before dropping out due to his anxiety and depression. Continue reading

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Liner v. Colvin, a federal disability case from the United States Court of Appeals for the Eighth Circuit, involved a review of the residual functioning capacity (RFC) of a claimant who was denied  Social Security Disability Insurance (SSDI) benefits.

1002813_x-ray_image_of_the_legClaimant first filed an application for SSDI benefits with the United States Social Security Administration (SSA), and his application was denied.  At this point, he filed a written appeal.  This written appeal was denied, but it should be noted that nearly every written appeal of a denial of benefits is denied as well. Continue reading

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Allman v. Colvin, a case from the United States Court of Appeals for the Tenth Circuit, involved a claimant who alleged he was unable to work due to having a shunt in his brain, back pain, depression, anxiety, severe headaches and spina bifida.

1028452_syringes_and_vialDuring a hearing before an administrative law judge (ALJ), it was determined that he had a residual functioning capacity (RFC) allowing him to perform many different jobs in the national economy, and the judge denied his application for disability benefits.   ALJs use an archaic index of jobs known as the Dictionary of Occupational Titles (DOT) that was largely drafted during the 1970s.  This book has a bunch of odd sounding job titles that are supposedly available at some place in the United States at any giving time.  This is opposed to finding job listings in the local economy, where the claimant is actually looking for employment.  No surprisingly, many disabled Americans do not want to leave their families and travel to another state for the opportunity to work a low wage job while being disabled.  However, this is exactly what ALJs often decide they should do. Continue reading

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In Stark v. Colvin, Claimant worked as yard driver for ten years at a major automaker.  She was responsible for moving pickup trucks as they rolled off the assembly line and taking them to a storage area until they could be shipped to car dealers around the world.  She was earning around $40,000 with benefits, but her back was hurting to the point where she had surgery for the first time in 2000.  Ultimately, she would have three surgical procedures on her back.

755533_suvWhen she went to see her orthopedic surgeon back in 2000, the doctor diagnosed her with a degenerative disc disease.  After speaking with his patient about various options, he decided to perform a lumbar fusion.  In addition to the lumbar fusion, claimant also had various procedures to widen her neural pathways.  Continue reading

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In Nowling v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant was disabled due to what is known as conversion disorder. A conversion disorder is term for when a patient suffers real physical symptoms of a disease or other medical condition without any known cause. One type of this, the type suffered by claimant, involves non-epileptic seizures.

635810_softgel_capsuleThese non-epileptic seizures are believed to be the result of an unconscious and involuntary “conversion” process.  This means that a person who suffers from mental stress will unconsciously convert that mental stress into the physical symptoms.  In this case, seizures occur.  Continue reading

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