Massachusetts Social Security Disability Lawyers Blog

November 6, 2016

Graves v. Colvin: SSDI Cases and DOT

Graves v. Colvin, a case from the U.S. Court of Appeals for the Fifth Circuit, involved a claimant who was claiming disability because of anxiety, depression, as well as other types of developmental disorders normally classified as an intellectual disability by the U.S. Social Security Administration (SSA). She had applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits.

When she first applied for SSI and SSDI, her application was denied. After she submitted her initial application, SSA denied it. This is basically standard practice for SSA, even though they will never admit to this, but the reality is that at least half of all applications are initially denied, only to be approved later in the process. Continue reading

November 2, 2016

Social Security Disability Program Turns 60

by Jeffrey S. Glassman

While the United States Social Security disability program has become somewhat of a partisan issue in recent years, it once had a broad base of support from both sides of the aisle. This was certainly true when it was created, and the enabling act was signed into law by President Dwight D. Eisenhower in 1956. When it was first created, there was a six-month waiting period to get benefits, there were no benefits to children or spouses, and the program was only available to adults 50 years of age and older.

Over the past several decades, there have been a lot of changes to the program. Formally, there were two separate programs created. One is called the Social Security Disability Insurance (SSDI) program, and the other is the Supplemental Security Income (SSI) program. The SSDI program is the larger of the two programs and is designed to pay benefits to working Americans who have become disabled and can no longer work and take care of themselves and their families. Continue reading

October 28, 2016

Meuser v. Colvin: Disability Benefits Appeals

by Jeffrey S. Glassman

Meuser v. Colvin, a Social Security disability appeals case from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was disabled due to be being diagnosed with schizophrenia. While many people use the term schizophrenia used in a non-professional manner, the disease is a serious mental illness that affects many Americans. Some of the patients will experience paranoia, and many will respond and react to a stimulus that is not actually present. In some cases, this is actually hearing voices, but in many cases, it is just a series of thoughts that can lead to actions. Even when properly medicated, it can be very difficult for a person with schizophrenia to work, and they should be entitled to disability benefits.

In this case, claimant was 46-years-old He had been diagnosed with the serious mental illness back in 1996, but was able to keep working and lead a more normal life while taking Zyprexa. Zyprexa is a powerful antipsychotic medication but is considered mild on the spectrum of other drugs, as compared to Risperdal or Clozaril that can put patients in a trance-like state similar to Thorazine, which was once hailed a s a medical lobotomy agent. Continue reading

October 25, 2016

Can Retirement Affect Your Current Social Security Disability Benefits?

by Jeffrey S. Glassman

A recent news feature from USA Today answers the question of a reader who is wondering what happens to her Social Security Disability Insurance (SSDI) benefits when she turns 67 and begins receiving her Social Security Old Age and Retirement benefits.

When most people think of getting Social Security benefits, they are likely thinking of the Old Age and Retirement program that provides everyone who was worked and paid taxes with a monthly benefits award when you reach retirement age. In an effort to reduce the amount of benefits paid out by the program in order to save money, Congress has raised the age of eligibility, so that people must be older to get retirement benefits. Continue reading

October 22, 2016

Harvey v. Colvin: Social Security Disability Cases

by Jeffrey S. Glassman

In Harvey v. Colvin, a case from the United Sates Court of Appeals for the Eighth Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits, and his application was rejected. The federal agency responsible for running this and other disability programs is the United States Social Security Administration (SSA).

In this case, claimant asserted that she suffered from various severe impairments, including a mood disorder, anxiety, lasting effects from a brain tumor that had been removed, various spinal conditions including scoliosis, and various other medical conditions. However, the SSA found she was not disabled, because, while her medical conditions were in fact severe, they were not listed impairments. Continue reading

October 19, 2016

Igo v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

In Igo v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant appealed the United States Social Security Administration’s (SSA) denial of his application for disability benefits.

Claimant filed for Social Security Disability Insurance (SSDI) benefits because he had been suffering from painful osteoarthritis in his hip, as well as degenerative disorder of this hips, chronic shoulder pain, carpal tunnel syndrome (CTS), and various other musculoskeletal disorders. Continue reading

October 16, 2016

A Look at the Politics Surrounding Social Security Disability Benefits

by Jeffrey S. Glassman

A recent news article from The Atlantic takes a look at how disability benefits have become a partisan issue. If you watch any of the comments made by Hillary Clinton or Donald Trump, you can easily see that they are on very different sides of this issue, but the question is whether or not this was always the case. As it turns out, the answer to this question is no, as the payment of disability benefits was once a bipartisan issue. It should be noted that when we say disability benefits were not always a partisan issue, were are not talking about six decades ago when the Social Security Disability Insurance (SSDI) program began, but rather as recent as the 1990s.

For example, it was in the 1990s when the Americans with Disabilities Act (ADA) was authorized and supported by both major parties. These days a lot has changed and we have democrats including Clinton arguing that the disability fund should be fully funded for years to come, and those on the other side of the aisle are saying that there should be a major overhaul of the system prior to any more money being allotted. There is also the argument, used heavily during the Republican primary, that the vast majority of people on disability benefits are “gaming the system” or outright committing fraud to obtain disability benefits to which they are not entitled. Continue reading

October 13, 2016

A Look at Work Incentives for People on Disability

by Jeffrey S. Glassman

There is an oft-made argument this election that many people receiving disability benefits would rather sit at home and collect a monthly benefits check than go work. This could not be farther from the truth, as the vast majority of people on disability would much rather be healthy and working than collecting a Social Security disability check.

There are a few reasons we know this to be true. One is that when Congress set up the Social Security Disability Insurance (SSDI) systems, they set the monthly benefits award at an amount lower than what they consider substantial gainful activity. In fact, they wanted the maximum benefits award to be around 80 percent lower than what someone could make if they were working. The reason for this is very clear in that they do not want any extra incentives to sit at home and collect an SSDI benefits check instead of working. Continue reading

October 10, 2016

Losing Disability Can Mean Losing Medicare to Create Catch-22

by Jeffrey S. Glassman

If you are receiving Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, you are likely to also qualify for Medicare. This is important, since you may require many costly medical procedures. On the other hand, if the United States Social Security Administration (SSA) determines that you are not longer disabled, you may lose your disability benefits and also your Medicare. If the reason you are no longer is disabled is because of the medication you are getting paid for by Medicare, you have two problems.

This situation was recently discussed in a news article from WATE ABC 6 News. In this article, a woman in Knoxville lost her Social Security disability benefits when SSA made a determination that she was no longer suffering from seizures to the point where she was unable to work. This also means she lost her Medicare that was awarded when she received Social Security disability benefits. The reason she was able to control her seizures was because of the new round of anti-seizure medications she was obtaining via Medicare, and that is where the catch-22 comes into play. Continue reading

October 6, 2016

Taylor v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

In Taylor v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was a woman in her 20s who was tested to have an IQ between 70 and 75. This was in addition to her already diagnosed intellectual disabilities. Court records indicated that during the last year she attended high school, she was performing at a fourth grade level in math. She attained a fifth grade level in reading, and had a grade seven writing level. She was in special education and was having difficulty with the program.

Her special education teacher testified at the eventual hearing that claimant had a lot of difficulty following directions, and would struggle greatly when new academic concepts were introduced to her. When she felt something was difficult, she would emotionally shut down and not be receptive to learning how to do the new tasks. She also had problems caring for herself, according to her teacher. Continue reading