Massachusetts Social Security Disability Lawyers Blog

July 13, 2016

Julin v. Colvin: SSDI and SSI Appeals

In Julin v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits from the U.S. Social Security Administration (SSA) in December 2009. An SSDI claim is filed under what is known as Title II of 42 U.S.C. Section 432 and is often referred to as a Title II claim.

Claimant also filed a Title XVI claim under 42. U.S.C. Section 1382, which is a program known as Supplemental Security Income (SSI). In applications for both benefits, she claimed her disability started in mid February 2004. Her claims were that she suffers from anxiety, depression, and obsessive-compulsive disorder. Claimant asserted that these mental health conditions make it impossible for her to work, because she had trouble keeping her focus, lacked energy, was unable to concentrate, could not maintain a normal schedule, and was unable to engage in normal social relationships. Continue reading

July 11, 2016

Boston Social Security Disability Question: Can I Work?

by Jeffrey S. Glassman

Is it possible to work while still receiving Social Security Disability Insurance (SSDI) in Boston? What about working in the year before you obtain benefits?

The technical answer is yes, but it can be a thorny road if you don’t first consult with an attorney. That’s because the whole premise of SSDI is that you are too injured or ill to work. If you simply take a job or continue working without first determining what this will mean for your benefits, you could run into trouble and risk either:

A) Not being awarded benefits in the first place;
B) Losing the benefits you have.

Each individual situation is going to be different, and that’s why it’s important to discuss your options with a lawyer. Continue reading

July 9, 2016

Successfully Applying for Social Security Disability Insurance

by Jeffrey S. Glassman

Successful application of Social Security Disability Insurance benefits is a multi-pronged process. It can seem daunting to many people, and in truth, it can be a tedious, drawn-out process.

The good news is that with an experienced Boston SSDI attorney, it can be a much less arduous journey.

Still, there are some things you should understand about the process, given that the Social Security Administration reportedly received almost 2.7 million applications to the program in 2013 and coffers are expected to dry up by 2022, unless an alternate funding source is identified. That means the agency is growing increasingly choosy with who it approves. In fact, only about 36 percent of claims filed between 2004 and 2013 were approved. Of those:

25 percent were approved on initial claim;
2 percent were approved on appeal;
11 percent were approved at hearings.

July 6, 2016

Boston SSDI and Taxes: What You Need to Know

by Jeffrey S. Glassman

Most Americans see their pay stubs every two weeks and take note of the chunk Uncle Sam takes out for Social Security each time. Because they have paid in to Social Security with their taxes, the thinking goes, they won’t be taxed yet again if they need to draw benefits from any of the Social Security systems.

Not so.

Well, usually not so. There are some situations in which Social Security benefits are taxable as income. One of the situations in which this is true is with Social Security Disability Insurance (SSDI). These benefits may sometimes be taxable, while SSI (Supplemental Security Income) benefits are never taxable. Continue reading

July 2, 2016

Who is Getting the Most from Social Security Disability?

by Jeffrey S. Glassman

Last year, the Social Security Disability Insurance (SSDI) program was saved from immediate destruction when federal lawmakers gave the Ok for a temporary patch to keep the program going without going bankrupt. That was big news for the 11 million Americans currently on disability, who were facing a 20 percent reduction in their benefits.

But that patch, which involved moving around funding from the Social Security retirement program, is only going to last us through 2022. Before then, there will undoubtedly be much debate about the future of the program, how much we should continue to dole out in benefits and how we’re going to pay its current $150-billion annual price tag. Although it’s not the largest program intended to help subsidize those who are struggling financially, it’s one that receives the lion’s share of the criticism. Part of the problem is that most people don’t understand the rigorous and lengthy process that claimants must endure to prove their disability and also to establish a long enough work history. They don’t understand it’s a system that people had to have paid into via their federal taxes for many years before a claim can be made. And they don’t understand that the process is so complex and demanding, claimants need an SSDI lawyer to help them navigate it effectively.

The program was created to help workers who have become physically or mentally disabled, as well as their families, stay afloat financially. Although critics say the program is far too generous, you must keep in mind that the average benefits usually only work out to about $1,165 monthly. That’s about $14,000 a year. Continue reading

June 28, 2016

Former NYDP Officer Pleads Guilty to $600,000 in Disability Benefits Theft

by Jeffrey S. Glassman

A former officer in the New York City Police Department (NYPD) has just plead guilty to theft of more than $600,000 in Social Security disability benefits, according to a recent article from the Daily News. This officer was employed by the NYPD from 1981 until 1993, when he retired due to a shoulder injury.

After retiring from the police force, his application for Social Security Disability Insurance (SSDI) benefits was eventually approved. As in most cases, it takes some time for a claimant to become approved to receive monthly disability benefits. In order to receive the maximum monthly benefit, a claimant must be declared as disabled, which means that he or she is unable to work. This is normally calculated using a formula to determine one’s residual functioning capacity (RFC). Continue reading

June 25, 2016

Stacy v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

In Stacy v. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, claimant alleged that the administrative law judge (ALJ) violated two rules applicable to Social Security Disability Insurance benefits appeals. An ALJ is a hearing officer that is hired by the United States Social Security Administration (SSA) to hear claims that have already been administratively denied.

He first filed a claim for benefits saying that he first became disabled in 1994. The reason he was disabled was because of gout, chest pain, vision issues, and fatigue. He also reported to having a heart condition of some type. Before becoming disabled, he had a long work history, as he had worked for 17 years as an engineer for the prison system in his state. He was in charge of maintaining the boilers for the massive facility. Continue reading

June 21, 2016

Worker Taxed Thousands for Social Security Disability Benefits He Never Received

by Jeffrey S. Glassman

According to a recent news feature from Forbes, a United States Postal Service worker was injured on the job and claimed workers’ compensation benefits. He was approved for those workers’ compensation benefits and started collecting benefits.

The claimant, who chose to represent himself in the process, decided to apply for Supplemental Security Income (SSI) benefits to supplement his workers’ compensation benefits. He fully disclosed his workers’ compensation benefits to the United States Social Security Administration (SSA), so there was nothing improper about applying for this benefits. However, after applying, he was quickly denied for Social Security disability benefits. Continue reading

June 17, 2016

Man Accused of Fraud to Disability Fund by Using Two SSNs

by Jeffrey S. Glassman

According to a recent news article from Syracuse.com, a man was recently sentenced to prison for alleging defrauding the United States Social Security Administration (SSA) out of more than $87,000. The sentence was for one year in federal prison, though it is likely that he would be sent to a reentry center or other halfway house some time before the year is over, based upon the standard operating procedures of the Untied States Department of Prisons.

The prosecutor alleged that the 51-year-old man had applied for Social Security Disability Insurance (SSDI) benefits and then began collecting a monthly benefits check in the amount of around $1,000, which was the maximum monthly allowance in 2006 when he was alleged to have started drawing benefits. Continue reading

June 13, 2016

S.S.A. Extends Compassionate Allowances to Certain Cancer Patients

by Jeffrey S. Glassman

Every year in the beginning of June, people in the U.S. observe National Cancer Survivors Day. There any many different events on this day, including the Relay for Life which tends to draw a large crowd of supports and raise a lot of money for the cause each year.

While getting diagnosed with cancer can cause a lot of health fears, it can also cause a lot financial difficulty as well. There are often very high medical bills, and people may not have enough insurance coverage to pay for everything, including co-pays and out of pocket expenses. This is made extra hard because many cancer survivors will eventually get to the point where they can no longer work, and the family will have to make up for the lost wages. Continue reading