Articles Posted in Boston SSDI

For the last two years, we have been hearing a lot about how the Social Security disability fund will run out of money in late 2016 if nothing is done. The Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program comprise what people are talking about when they refer to Social Security disability. The United States Social Security Administration (SSA) administers both the SSDI and SSI programs, and the benefits money comes from the agency’s disability fund.

1144348_business__5In addition to the disability fund, there is also a Social Security retirement fund. That fund is used to pay for the Social Security retirement benefits people are generally referring to when they say someone is collecting Social Security. While SSA administers both funds, the money, which is collected in the form of tax withholdings, must be maintained in separate funds, because they are for separate purposes.   However, until Congress passed a recent law, if the money was running low in one fund, it could easily borrow money from the other fund, so that there was no reduction in benefits. This is what has happened several times during the roughly 60 years the disability program has been in existence. Continue reading

Alaura v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involves a claimant who was hit in the back of his head by an attacker armed with a barstool. The 22-year-old claimant suffered a shattered skull as a result of the attack.

brainsAfter victim was hit with the bar stool, first responders rushed him to a local hospital, where he was immediately taken into surgery. Due to his traumatic brain injury (TBI), surgeons had no choice but to remove a part of claimant’s brain and place a metal plate on his skull to protect him from additional brain damage. This highly invasive surgical procedure is known by neurosurgeons as craniotomy. Continue reading

As many are now aware, the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs are facing a major budget shortage if Congress does not fix the problem soon. Specifically, by late 2016, there will be a 19 percent budget shortage for the disability programs, which will in turn result in a 19 percent cut in every one of the 9 million disability beneficiaries’ monthly checks. This will be devastating to these claimants and their families.

budgetcutsWhile Congress has claimed it is well aware of the situation and is using the crisis to generate headlines, their fighting among themselves has apparently not inspired confidence among the general public.   According to a recent news feature from Inquisitr, a Gallop survey revealed that 66 percent of Americans still believe Social Security is in a state of crisis, and 64 percent of Americans do not think disabled Americans will receive any money once the shortage occurs. Continue reading

Brown-Hunter v. Colvin, an appeal from the United States Court of Appeals for the Ninth Circuit, involved an interesting issue about what an administrative law judge (ALJ) is and is not allowed to do with respect to denying Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.

selfportrait2An ALJ is supposed to an independent hearing officer, but, in reality, they work for the Social Security Administration (SSA), hold hearings at an SSA hearings and adjudication office, and maintain a working office at the same site. For this reason, it should come as no surprise that ALJs will often side with SSA in denying benefits to a claimant, even if that claimant is suffering from a truly debilitating condition or set of conditions. Continue reading

Stepp v. Carolyn Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved a woman who used to work as a correctional officer, a training supervisor, and parole coordinator, who applied for social security disability benefits after suffering from a degenerative disc disease. In addition to the degenerative disc disease, she also claimed a secondary disability of depression.

calculator-stethoscope-1004851-mClaimant first sought treatment for chronic neck pain in 2008. She underwent a series of MRIs, and it was determined she he a degenerative disorder to her cervical spine and thoracic spine. Doctors also found disc herniation and stenosis. The following year, she was referred to an orthopedic surgeon, and she complained of pain in her neck, chest, arms, and shoulders, as well as numbness in one hand and her legs, trouble balancing, memory loss, sleeping trouble, and other related issues. However, her doctor noted she had balanced walking, balanced standing, no problems with her grip strength, and rated her shoulder muscle strength as being four on a scale of five. He noted weakness in her upper extremities, but no serious issues. Continue reading

Same-sex marriage has been recognized in the Commonwealth of Massachusetts since 2004, when the Massachusetts Supreme Judicial Court (SJC) issued its opinion on the landmark case of Goodridge v. Department of Public Health. While this was a great stride forward for same-sex couples, it did not mean that they could file joint federal tax returns or claim other federal benefits as a married couple since the Defense of Marriage Act allowed the federal government and other states to not recognize same-sex marriages, even if they were entered into in a state in which same-same sex marriage was legal.

writing-a-check-2-701013-mIn other words, it was a law that overturned the full faith and credit clause of the constitution with respect to same-sex couples and their marriages. It was not until the United States Supreme Court released its opinion in Obergefell v. Hodges, that the Defense of Marriage Act, was struck down as unconstitutional for a variety of reasons, including the Full Faith and Credit Clause, as well as reasons involving equal protection for all Americans. Continue reading

When you have a disability that was not caused by an on-the-job injury, and you do not have private long term disability insurance, Social Security disability insurance is probably your best way to get disability benefits to allow you to pay your bill and make ends meet. However, getting approved for Social Security Disability Insurance (SSDI) benefits is often not an easy task.

952313_gavelThe first step in the application process is to fill out a claim for Social Security Disability Insurance benefits. You submit this application to the United States Social Security Administration (SSA), along with your medical records and a doctor’s recommendation, and wait while hoping for the best. Continue reading

Those who watch the Discovery Chanel or National Geographic on a regular basis know that fishing reality shows have become very popular. First, there was the Deadliest Catch, which started the craze for these types of shows, and, since then, there have been numerous other similar shows about sword fishing, lobster fishing, and, of course, tuna fishing.

gomera-deep-see-fishing-1-1524248Wicked Tuna, a popular reality show filmed largely off the Coast of Gloucester, Massachusetts, in which boat crews compete with each other to see who can catch more tuna during season recently had one of its fisherman making headlines; but, unfortunately, the reason was not related to tuna fishing. According to a recent news article from the Star Tribune, Paul Herbert, Wicked Tuna fisherman from Gloucester allegedly accepted more than $40,000 in Social Security disability Insurance (SSDI) benefits at the same time he was televised hauling in fish that weigh hundreds of pounds using a huge deep sea fishing rod. Continue reading

Aside from the budget crisis facing the Social Security program next year, one of the recurring themes is that many beneficiaries currently receiving Social Security Disability Insurance (SSDI) benefits are basically gaming the system and collecting a check when they really could be working. This criticism is often made along with assertions that Congress should not fix the 20 percent budget hit facing the program late in 2016.

1088940_2_annual_reports__3According to a recent news feature from The Economist Populist, statistics show that 99.8 percent of ally Social Security disability payments were free from any possibility of overpayment. In other words, even at the highest estimates of money from the Social Security disability benefits funds being paid out to claimants who should not be receiving benefits, this would account for only 0.065 percent of the annual budget for this disability program. This is such a small percentage, that even if the number was truly this high, and it is quite possible it is not, those speaking about people gaming the system are really making a lot of noise about what is not even a statistically significant problem. Continue reading

With the presidential election drawing closer, Republican candidates have ramped up their number of comments about what do to fix the program. While the candidates appear resolute in their vows not to fund the program in the near future, Congress recently passed a resolution making it more difficult to shift funds from the Social Security retirement fund to the Social Security disability fund.

crack-graphic-1371406-mA recent news feature in the Huffington Post looks at how the Republican Party will have to do “something” with respect to the impending budgetary crisis involving the disability program, even though they may not yet have a clear approach.   One member of Congress featured in this article is Rep. Paul Ryan, a Republican member of the House of Representatives from Wisconsin.

Ryan is currently chairing the House Ways and Means Committee. Continue reading

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