Social Security Disability Insurance

May 25, 2017

Working with a Disabling Condition Presents Challenges

Having a disabling condition can make it difficult for you to be able to earn a living. Your ability to find work will depend upon many factors, including the types of skills you have and any job experience you had before becoming disabled, as well as the severity of your disability.

The Social Security Administration has a narrow definition of what it means to be disabled, and many benefits applications are denied because the SSA believes a disabled person could work in some type of job for which he is qualified, even if he is not able to do the job he most recently had before he was disabled. Continue reading

April 28, 2017

Getting Back to Work for Social Security Disability Benefits Recipients

by Jeffrey S. Glassman

It takes a long time to finally be awarded Social Security Disability Insurance (SSDI) benefits beginning from the date of filing a first claim to the final benefits decision. For many, this process will take over a year, and, in some cases, it will take two years.

In addition to the wait, successful claimants will probably have to file at least two appeals and have a hearing before an administrative law judge (ALJ). In some cases, the claimant will have to file an appeal with the U.S. District Court or even the U.S. Court of Appeals. Continue reading

April 24, 2017

A Look at Disability Benefits Claims Made in Rural America

by Jeffrey S. Glassman

In this past presidential election, many Americans and much of the world were shocked by the seemingly impossible result of Donald Trump’s victory. One of the major reasons that Mr. Trump was ultimately elected was his huge support among those who live in what have become known as “flyover states.” This term largely refers to the states in the geographic middle of America, which most people only see from airline windows when flying on transcontinental flights, and, rarely, if ever, actually go to as a destination.

One thing that cannot be denied is that many in these areas are struggling economically, and according to a recent news article from the Washington Post, many are turning to disability benefits for help. Interestingly, this article is suggesting these people may be “just desperate” rather than disabled. Another interesting point is that the White House is using the increase in numbers on the Social Security disability roles due in large part from these residents of flyover states as justification for cutting the program. However, the White House is blaming the Obama administration and strongly implying the increased number of disabled Americans receiving benefits is a result of those in the inner cities of America instead of rural America. Continue reading

April 21, 2017

Many Wait on Compassionate Allowances Disability Benefits Despite Program Goal

by Jeffrey S. Glassman

There is no question it takes a considerable amount of time to qualify for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. In fact, the wait can be over a year is some places. In some jurisdictions with an even greater backlog, the wait is approaching two years.

Before we discuss issues dealing with the SSDI’s Compassionate Allowances program, it may be helpful to first look at how the application and approval process works in a typical case. The first thing that happens is a claimant will get a letter form their treating physician that says claimant is unable to perform work or otherwise engage in substantial gainful activity. Continue reading

April 12, 2017

Social Security Disability Claims for Veterans

by Jeffrey S. Glassman

In a recent case from the United States Court of Appeals for the Seventh Circuit, claimant had applied for Social Security Disability Insurance (SSDI) benefits, and his initial application was denied. He then applied for reconsideration of his application for Social Security benefits, and that was also denied. At that point, he applied for, and was granted, a hearing before an administrative law judge (ALJ), and the ALJ also denied benefits.

After being denied for benefits, the claimant appealed to the Social Security Administration (SSA) review commission, and the commissioner agreed that the denial was not supported by adequate evidence and remanded the case for further proceedings to determine if claimant was entitled to benefits. However, claimant was not satisfied with a remand for further proceedings and instead argued to the U.S. District Court to not only overturn the ALJ’s denial, but to also make an affirmative finding that claimant is entitled to benefits. Continue reading

March 29, 2017

Continuing Disability Reviews: Respond Promptly With SSDI Lawyer

by Jeffrey S. Glassman

By law, the Social Security Administration has to occasionally review the case of every person receiving Social Security Disability Insurance and/ or Supplemental Security Income disability benefits. The process by which this happens is what is called a “continuing disability review.” The intention is to figure out who might no longer qualify as disabled, and therefore who no longer needs benefits.

In general, it’s a lot harder to get benefits in the first place than it is to pass the process of a continuing disability review. That said, it’s wise to consult with an experienced Boston SSDI lawyer because there are a number of pitfalls that can arise throughout this process, and you don’t’ want to suddenly find yourself without much-needed benefits.

Continuing disability reviews are performed at various intervals depending on the underlying condition of the recipient, as well as his or her age. Continue reading

March 8, 2017

Self-Driving Cars and Social Security Disability in Boston

by Jeffrey S. Glassman

There are already a few options on the market in terms of self-driving cars, but we are really not quite there yet. As of now, you could buy a Tesla, if you can afford and want an expensive electric car, and that features an advanced form of cruise control that uses cameras to control the car to prevent accidents. The car will speed up and slow down to avoid other cars and can change lanes. However, the system is not meant to fully replace the need for a human driver at this point.

On the other hand, Google is working on a fully automatic driving system that it will eventually lease to car manufacturers uses a more complicated LIDAR (laser and radar) system to navigate. The goal being that an ordinary consumer can afford the system and can simply put in a destination and let the car do the rest. This is much closer to what we have seen in variety of 1990s science fiction action movies like “Demolition Man” and “Total Recall.” However, we are still a few years a way from seeing this technology widely used, according to Google. Continue reading

March 3, 2017

Congress Rolls Back Order Preventing People on Disability from Getting Guns

by Jeffrey S. Glassman

Over the past several months, we have been hearing a lot about an executive order signed by former president Barack Obama that allowed the FBI’s Brady background check system from having access to the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) roles. The theory behind this executive order was that too many people with mental health issues were being allowed to purchase guns, and some of these people were using these guns in active shooter situations where innocent people were being killed.

Under the executive order, if a person is receiving Social Security Disability Insurance for a mental health condition, as many people are, the background check system will be made aware of it and can deny the potential gun buyer the right to purchase the firearm on the application. This was largely supported by Democrats, who are in favor of gun control measures, and opposed by GOP members, who typically favor not placing many or even any limits on the right to purchase firearms. Continue reading

February 6, 2017

Acting Social Security Administration Commissioner Resigns

by Jeffrey S. Glassman

We have been hearing a lot about problems in the Social Security Administration (SSA) over the past year. Some of the issues involve allegations the multiple administrative law judges (ALJs) were engaging in inappropriate behavior with respect to staff and disability claimants.

These cases were brought to light by various employees who informed the SSA Office of Inspector General (OIG) about one ALJ that was allegedly sexually harassing disability claimants and his coworkers and another judge that was improperly denying claims. We also heard that the agency was purposely mishandling claims to save money by paying out less in benefits. Continue reading

January 26, 2017

Some Wait Nearly Two Years for Social Security Disability Benefits

by Jeffrey S. Glassman

According to a recent news article from The San Diego Tribune, the wait for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) appeals hearing before an administrative law judge (ALJ) is averaging 540 days for many claimants. These are the hearings held at the United States Social Security Administration (SSA) Office of Disability Adjudication and Review (ODAR) offices around the nation.

When someone first becomes disabled to the point where he or she can no longer work, that person will typically apply for a type of disability benefits known as Social Security Disability Insurance benefits. This program was designed to help those who have worked for a large portion of their adult lives before suffering a disability that no longer allows that person to work. In some cases, we are dealing with former members of the U.S. military that have already exhausted their options with the Veterans Administration (VA), and, in other cases, we are dealing with people who have been injured on the job and have already reached Maximum Medical Intervention (MMI) in the workers’ compensation cases and are in need of Social Security disability benefits. Continue reading