Articles Posted in Boston SSDI

Cline v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, deals with the Supplemental Security Income (SSI) program run by the United States Social Security Administration (SSA). In Cline, claimant applied for SSI benefits in November of 2009 and asserted she was disabled by back pain, scoliosis, sacrolitis, fibromyalgia, and a mitral valve prolapse. Along with her application, claimant submitted detailed medical records dating from April of 2001 to the beginning of 2006 by several medical providers.

Included in her medical records was a CT Scan showing a small disc protrusion in claimant’s lumber spine but no substantial narrowing of the spinal column. She also had a normal MRI taken in 2005 and another normal MRI in 2006.

One of claimant’s doctors treated her for two years starting in 2006. He prescribed medication to manage her pain and muscle spasms. Though he noted no neurological defects, he diagnosed claimant with lower back pain, degenerative spinal arthritis, and muscle spasms.
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Many people attack the Social Security Disability Insurance benefits program because they claim too many people get benefits or take advantage of the program because they don’t want to work.

A Boston disability lawyer knows this is untrue and those who seek benefits do so because they cannot have jobs due to illness. They need money to support themselves and their families. When benefits are cut or access to benefits is further restricted, these disabled people pay the price and often cannot put food on the table or provide for their needs.

What critics of the disability benefits system may not realize is that it is not only the disabled who would suffer when benefits are limited. Many children also receive income through Social Security Disability.
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Administrative law judges overseeing Social Security Disability Insurance benefits claims do have a fair amount of discretion in determination of cases. They can decide whether certain expert witnesses deserve more credence than others, if some evidence should be discounted and whether they find the claimant to be believable.

However, our Boston Social Security Disability Insurance attorneys recognize that despite the sometimes subjective nature of these proceedings, there is an important check on these powers in the form of the appellate courts. If the ALJ does not provide adequate reasoning for the conclusion reached, the appellate courts have the option to reverse.

In the recent case of Garrison v. Colvin, the U.S. Court of Appeals for the Ninth Circuit found the ALJ’s rejection of an SSDI claim failed to meet the standard of offering specific, clear and convincing reasoning. Further, the appellate court found evidence in the case afforded “no doubt” as to the fact the claimant was disabled. Therefore, the court not only remanded, but did so with instructions to reach a finding of disability and determine an award amount.
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Unless an applicant seeking Social Security disability insurance benefits has a listed condition with severity that is recognized by the administration, he or she can expect to fight in order to secure benefits. This does not mean one is ineligible. It just means the determination is sometimes subjective, and the help of an experienced SSDI attorney in Boston can make all the difference.

What we know for sure is that in some cases, a person may suffer from a multitude of ailments that, individually, would not meet the high bar of proof necessary to show benefits should be awarded. However, when those conditions are taken in concert, they result in the person being disabled. Effective communication in these situations is key.
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In a story from Fox News, a new study may be able predict disabilities later in life for teens who frequently smoke marijuana. The Swedish study examined males who smoked marijuana when they were 18-years-old. The results indicated that those who heavily smoked marijuana at age 18 were more likely to end up as recipients of government disability by age 59.

The article goes on to note that the study used answers to questions about how often draftees used marijuana when entering military service. In Sweden, every male is required to join the military at age 18 if physically able to serve, so 98 percent of all 18-year-old males were asked these questions. The study took people from the military questionnaires who were drafted between 1969 and 1970, and then looked at the nation’s disability insurance records to see how many of these individuals where disabled in later in life.

The article notes that there is no way to prove whether marijuana use caused the disability or if people who smoked large amounts of marijuana in their teens were already predisposed to becoming disabled later in life. The study also did not account for other social and psychological issues with the heavy pot users.

The reason the government is interested is, with marijuana use growing exponentially in recent years due to a belief that there is not a lot of risk associated with the drug, a correlation that leads to more people receiving disability benefits would be very costly to the system.

As your Boston disability insurance lawyer understands, the U.S. Social Security Administration (SSA) makes it very difficult for claimants to prove that they are disabled without the assistance of an attorney who regularly handles these cases.
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Our Massachusetts Social Security Disability Insurance (SSDI) lawyers understand the importance of keeping up with recent appellate decisions in this area of law. More than a few of the blog entries we have written involve decisions from the U.S. Court of Appeals for the Seventh Circuit. Those decisions have often taken the side of the claimant who applied for benefits and were often very critical of the Administrative Law Judges (ALJs) who denied the SSDI claims at issue.

On this appellate court sits Judge Richard Posner, who appears to be leading the charge against the denial of disability claims. A new article from the American Bar Association examines whether this is becoming a trend.

The article looks at one decision, Goins v. Colvin, to illustrate their theory. This opinion was filed two weeks after oral arguments, which is an incredibly quick turnaround for a court of appeals to release an opinion.

In Glenn v. Comm’r of Soc. Sec, an appeal from the U.S. Court of Appeals for the Sixth Circuit, the claimant was severely injured in a 2007 car accident. She now suffers from a degenerative disk in her spine, a traumatic brain injury (TBI), dizziness, memory loss, and tendonitis. She also has major depression, slow thought process, hallucinations, and a variety of other psychological conditions, including homicidal idealizations. She also has a chorionic skin condition that causes cysts in her groin area that often makes it difficult for her to walk.

She applied for Social Security Disability Insurance (SSDI) benefits and, after three years of having her claims rejected, she had a hearing before an administrative law judge (ALJ), who also denied her disability claim. She was not represented by an attorney at the hearing before the ALJ.

As your Boston SSDI attorney can explain, for most claimants, the initial application for disability benefits is almost always rejected by the Social Security Administration (SSA). After the first denial, you are allowed to submit an appeal. This appeal goes to a peer review committee that is usually just a single co-worker of the SSA employee who denied your initial claim. This peer review will most likely result in a rejection of benefits as well. At this point, you can request a hearing before an ALJ, though there may be a significant wait time. In Glenn, the claimant had to wait three years.
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Toland v. Colvin, a case from U.S. Court of Appeals for the Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits under separate sections of the Social Security Act.

The claimant’s applications were initially denied and then, upon reconsideration, denied again. Your Boston SSDI lawyer understands that almost all applications receive denials upon the first and even second review. This does not mean claims aren’t worth pursing.

The first employee of the Social Security Administration (SSA) to review your application will issue a denial. You can then apply for reconsideration prior to requesting a hearing before an administrative law judge (ALJ). This first reconsideration is often handled at the peer review level, which literally means the SSA employee in the next cubicle over from the first could be the one selected to conduct a review.
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According to a recent article in the LA Times, the influx of disability claims related to Post Traumatic Stress Disorder (PTSD) is leading to a variety of problems.

The article follows a 49-year-old man who explains he is so plagued by paranoia when in a crowded situation that he must carry a gun to feel secure. Due to his frequent nightmares and Iraq War flashbacks, he is afraid he might accidentally shoot someone. The psychiatrist evaluating the claimant is skeptical and believes the veteran is exaggerating his PTSD symptoms to get benefits. While these symptoms track exactly to the PTSD guidelines, the administration doctor asserted very few people truly have as many symptoms as this claimant.

As your Boston Social Security Disability Insurance lawyer can explain, it is very difficult to get SSDI benefits for a mental disability without an accompanying physical illness. The Social Security Administration looks to the claimant’s total level of disability. For example, a claimant who has lost an arm may not qualify for benefits, nor would a claimant who is solely suffering from depression, unless it is especially severe. However, a claimant who has lost an arm and suffers from depression would have a greater chance of qualifying.
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