Boston SSDI

June 5, 2015

Social Security Disability for Federal Employees

Across the nation in large cities like Boston, there are large numbers of federal workers. One of the advantages to being a federal worker is, of course, the benefits available to all employees. These benefits often involve cheaper access to better health insurance plans and access to federal retirement programs.

While the days of full federal pension are essentially over, federal employees still have a variety of good options for employee-funded retirement programs with federal government matching available. However, in some ways, being a federal employee is more complicated than working in the private sector.

A recent article from Fed Smith, a publication of interest to federal workers, or “Feds” as they are often called, discusses one complication for disabled federal workers who are looking to retire or stop working as a result of their disability. These issues involve how federal disability retirement programs work in relation to Social Security Administration (SSA) run Social Security Disability Insurance (SSDI) benefits.
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May 30, 2015

Senate Democrats Propose Social Security Funds to Thwart Disability Program Crisis

by Jeffrey S. Glassman

With GOP representatives and presidential hopefuls looking for ways to cut funding to the program, Senate Democrats are trying a different approach. Many Democrats believe the answer to our impending to Social Security Disability Fund crisis is to simply combine its budget with the Social Security retirement fund.

There are two separate funds administered by the United States Social Security Administration (SSA). First, there is the Social Security retirement fund with which most people are familiar, and then there is the Social Security disability fund. The disability fund provides money for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Since the two funds operate programs that serve different functions, under current law, they must be separately maintained.
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April 3, 2015

Social Security Benefits Finally Awarded – Upon Death of Claimant

by Jeffrey S. Glassman

According to a recent news article from NBC 11, the husband of a woman suffering with amyotrophic lateral sclerosis (commonly called “ALS” or “Lou Gehrig’s disease”) had been fighting with the United States Social Security Administration (SSA) for nearly a decade before benefits were finally awarded only days before his wife’s death.
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April 1, 2015

Difficulties in Obtaining Disability Benefits

by Jeffrey S. Glassman

Every week, we see a new rash of news articles about the fate of the Social Security Disability Insurance (SSDI) program. Most focus on the fact that by the end of 2016, the Social Security Administration (SSA) will not have enough money in its budget to pay all disability awards. There is expected to be a 20 percent reduction in the budget if Congress doesn’t act quickly to fix the pending deficit.

One way to fix this predicted crisis is to shift money from the Social Security retirement benefits to the SSDI and Supplemental Secularity Income (SSI) benefits fund. The retirement fund is currently fully funded through 2030, so if money is reallocated to the disability fund, there is time to work on a long-term solution or do another funds shift at some point in the future. This is what Congress has done numerous times in the last 60 years in which Social Security has been in existence.

However, many in the media and Congress are using this as chance to discuss all alleged problems with Social Security, and many want to use this opportunity to cut or privatize the program. This would result in a tremendous hardship to millions of Americans who depend on disability insurance to make ends meet and are truly too disabled to work and take care of their families.

One of the claims by opponents of the SSDI and SSI program is that it is too easy to get disability insurance, and most claimants are gaming the system, to the use the terminology of Senator Rand Paul. There has been a lot of focus on how benefits are particularly easy to get in Ohio, where administrative law judges (ALJs) tend to side with claimants, according to critics.
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March 28, 2015

Voigt v. Colvin: Social Security Disability Appeals Process

by Jeffrey S. Glassman

Voigt v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, involves claimant who applied for Social Security Disability Insurance (SSDI) benefits, only to have the Social Security Administration (SSA) denied his application.

Claimant was 40 years old at the time he applied for SSDI benefits. Claimant was employed as a trained machinist until 2002. It was then that he applied for total disability. His claimed disability was primarily related to mental illness, including severe depression and bipolar disorder, as well as chronic back pain, hip trouble, and an anal fissure.

When he first applied for benefits, SSA denied his application. After a series of appeals, he was able to have a hearing before an administrative law judge (ALJ). ALJ determined claimant was capable of working at lower paying unskilled jobs, so he was therefore not disabled within SSA guidelines. Claimant tried to take PAXIL to help with his mental health issues from 2001 to 2008, but he stopped taking the drug, because he was having a problem with adverse side effects.
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March 24, 2015

Wounded Warriors Denied for Social Security Disability Benefits

by Jeffrey S. Glassman

During the height of the wars in Iraq and Afghanistan, it was impossible to watch the news without seeing the consequences to brave men and women of our armed forces. Many were killed, and even more were sent home with serious disabilities caused by improvised explosive devices (IEDs) and other combat-related injuries, including traumatic brain injury (TBI).

According to a recent news article from Forbes, wounded service members have been sending open letters to their respective Congress members asking for help with the Social Security Disability Insurance (SSDI) benefits application process. One of those letters was from a medically discharged U.S. Army soldier. He describes how he became disabled and what has happened since getting back to the United States.

After he completed his last combat tour, he was assigned to the Army’s Wounded Warrior Program at Fort Knox. Medical professionals at the program evaluated claimant and had him undergo two surgical procedures. He also went to physical therapy and received treatment to manage his pain. He applied for SSDI benefits in May of 2013. It took them nearly an hour to verify he was even eligible to apply for SSDI as a member of the Wounded Warriors, despite him immediately showing them a Social Security Administration (SSA) publication about Wounded Warriors’ right to SSDI benefits. Once he was allowed to apply, SSA denied his application, finding he was still employable. He had to file an appeal to this denial.
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March 14, 2015

Social Security Disability Insurance Benefits for Kidney Disease

by Jeffrey S. Glassman

According to a recent news article from the Palm Beach Post, people with kidney disease may be eligible to receive Social Security Disability Insurance benefits. As March is National Kidney Disease Awareness Month, the U.S. Social Security Administration (SSA) is taking the time to speak about kidney health and how patients may be entitled to benefits.

Kidneys are essential in cleansing the blood, and kidney disease can prevent this from happening.

Medical researchers estimate one in three Americans is at elevated risk for kidney disease. The Centers for Disease Control (CDC) estimates there are around 20 million Americans suffering from kidney disease, and many of them have no idea.

One patient interviewed for this news article is an emergency room employee who led an active life at home and work and regularly performs community service. He was driving to work and became very ill. He had to call a co-worker to help him get to work that day. He was soon diagnosed with kidney disease.

This patient’s story is also featured on SSA’s website, where he describes how people suffering from kidney disease are in a better position to provide for themselves and have a better quality of life if they are receiving disability benefits.
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March 8, 2015

Social Security Disability Budget Crisis Examined

by Jeffrey S. Glassman

For the past year or so, we have news article after article detailing the crisis facing the Social Security Disability Insurance (SSDI) fund. According to the United States Office of Management and Budget (OMB), full funding for the SSDI and Supplemental Security Income (SSI) budget will soon no longer be available and will result in a 20 percent budgetary shortage.

This is a major concern to the nearly 9 million Americans currently receiving Social Security disability benefits and the unknown number of Americans who will be applying for benefits in the near future or are already involved in the lengthy application process.

According to a recent piece inNews-Press.com, this will result in dollar-for-dollar reductions of almost 20 percent for those already receiving benefits.

In other words, if you receive a $1,000 monthly check in Social Security disability benefits, your check will be cut to approximately $800. This will understandably create a major hardship for those depending on Social Security disability benefits to make ends meet in Massachusetts and across the nation.

As the article points out, some Congress members are using this as an opportunity to claim most people receiving Social Security benefits are claiming they have a bad back so they can “get rich.” However, when you look at the actual numbers of benefits being paid, this is far from accurate. The average monthly award for Social Security disability benefits is around $1,500, and this is not making anyone rich. This is especially true when you consider you cannot work if you are on total disability. This is because the program was specifically set up to make sure people couldn’t make more from not working then they could from working.
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February 12, 2015

Fight to Stave Off Cuts to SSDI Program Begins

by Jeffrey S. Glassman

The Social Security Disability Insurance benefits program has long been a punching bag of politicians seeking popularity by preying on common misconceptions about the program.

Opponents seeking to slash the program argue benefits are too easy to obtain, workers who receive benefits aren’t really as disabled as they purport and the government spends way too much money on the program.

In reality, it’s tough to secure benefits, and only a small percentage of those who apply are approved during the first round. The guidelines for approval are stringent, and those who ultimately secure benefits are often quite ill. Not only that, they are former workers who have paid into the program.
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February 8, 2015

Sprinkle v. Colvin – Attorney’s Fees Covered With Inflation Considered

by Jeffrey S. Glassman

Having an attorney to represent you through the Social Security Disability Insurance claims process is a smart move, not only because it alleviates the burden on the claimant, but also because it’s been proven that doing so improves a claimant’s success rate.

However, the primary reason why people refrain from such action is concern relating to the cost.

In some cases, attorneys may be able to offer services to SSDI clients on a contingency-fee basis, meaning the attorney isn’t paid unless you are. Keep in mind too, courts will sometimes specifically set aside a separate payment just for your attorney, particularly if the fight for benefits was hard-fought.
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