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In Israel v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was injured in 2001 while digging posts for a newly-constructed porch. Immediately following his workplace back injury, he sought treatment.  However, he did not stop working during the time he was receiving treatment.

1115701_black_and_white_crime_2Despite the fact that he had received various treatments for his back pain, his condition was getting worse. The pain had gotten so bad by 2003 that he was no longer able to work. He stopped working at that time and underwent additional medical procedures to help ease his pain.  One of these medical procedures was a lumbar laminectomy with a discectomy. Continue reading

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As part of the process for applying for Social Security disability benefits, whether we are talking about Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits, the U.S. Social Security Administration (SSA) will likely have an “independent” review of your doctor’s medical records or possibly conduct his or her own independent medical examination.

nurseThe reason we are skeptical about the independent aspect of this medical review is because these doctors are on a panel of doctors in each location that get selected for use in these types of cases and get paid for their medical services.  Due to budgetary concerns, the SSA a least seems like it has an interest in denying claims, so it can pay out less in benefits, so if these doctors want to get more work in the future from SSA, it seems like it wouldn’t hurt to side with the SSA and deny benefits, unless it would be ridiculous not to do so.  It should be noted that what the SSA thinks is ridiculous is not the same as a normal person in terms of when it is appropriate to find someone not disabled. Continue reading

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In Ghiselli v. Colvin, a disability case from the U.S. Court of Appeals for the Seventh Circuit, claimant applied for disability benefits from U.S. Social Security Administration (SSA) in 2010. Her basis for claiming a disability was after becoming disabled in October 2007.  In her application for Social Security disability benefits, she claimed she was working as a customer service manager at a retail establishment and was responsible for supervising cashiers.  She was injured when a customer hit her in the back with a shopping cart.

workThis occurred in August 2007. Following being hit by the shopping cart, her back began to hurt, and she was later diagnosed with a degenerative disc disease.  She also claimed that having asthma and being obese contributed to her being disabled.  It is quite common for a claimant to have multiple conditions that all contribute to a disability rating. Continue reading

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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.

948188_learning_with_pencilWhen 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

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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.

stopwatchOver 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

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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.

1034029_medicine_2In 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

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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.

magnifying-glass-1254223When 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

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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).

hospitalIn 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

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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.

woman2Claimant 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

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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.

wheelchair7For 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

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