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Crespo v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, involved a claimant who applied for Supplemental Security Income for his mother.  Supplemental Security Income (SSI) is a program administered by the United States Social Security Administration (SSA).

736458_headed_homeSSI is designed for disabled children of low-income families and blind or disabled adults.  This program is different from the Social Security Disability Income (SSDI) program that is designed for people who have worked long enough to earn quarterly credits to qualify for disability benefits. Continue reading

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When you first apply for Social Security Disability Insurance (SSDI) benefits, the chances of your claim being denied are high.  This has nothing to do with the merits of your application, meaning whether or not you are really disabled. The reason for this is because the majority of all applications are denied.

1088940_2_annual_reports__3At this point, you can apply for reconsideration.  The first reconsideration attempt is done in writing and it is typically a peer review process where another worker at the same office will determine if their coworker at that the same pay grade properly denied your application.  This is almost always denied again.  You can actually apply for another reconsideration, and that will typically be denied as well.  Continue reading

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In Dale V. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, claimant was born in 1985.  Her childhood was filled with a great deal of hardship, as she suffered both physical and sexual abuse. Her family moved around many times, and her mother died when she was only 12-years-old.  She was also living in an environment filled with violence and illicit drugs, according to court records.

1078874_word_work_on_the_dices-300x214When she turned 17, she earned her GED and was finished with high school.  She was dealing with a meth addiction at the time and went into a residential (inpatient) drug rehabilitation program.  She has worked a little during the course of her life but does not have anywhere near the level of work history to qualify for Social Security Disability Insurance (SSDI) benefits. Continue reading

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When you file a claim for Social Security Disability Insurance (SSDI) benefits, there is a good chance your application will be denied. The reason for this is because most applications are rejected after being filed, and it has nothing to do with whether or not you have earned enough quarterly credits or whether or not you are actually disabled. It is basically an unofficial policy to reduce the number of claims they have to pay to save money.

stopwatchA recent article from The Sequitur looks at how the appeals process works and what happens after your application is denied. The first thing you will do is file for what is known as reconsideration.  This is where you submit a request for a review of the denial.  It is done internally at the United States Social Security Administration (SSA) and is done by a coworker of the SSA worker who initially denied your application.  While it is technically possible there will a ruling in the claimant’s favor at this stage in the game, it is not very likely, and further review will probably be needed. Continue reading

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Smith v. Colvin is a case from the United States Court of Appeals for Tenth Circuit. In Smith, claimant applied for Social Security Disability Insurance (SSDI) benefits, and the Social Security Administration (SSA) denied her application.  Specifically, as part of her application, she claimed a disability based on a problem with her left shoulder, an inability to reach, handle, or manipulate objects with her fingers, and that she could only do a moderate amount of work without resting.

1034029_medicine_2After her application was denied, she applied for an appeal and was eventually granted a hearing before an administrative law judge (ALJ).  At her evidentiary hearing, ALJ determined she had a residual functioning capacity (RFC) that allowed her to work and found that she was not disabled.  Continue reading

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The Social Security Disability Insurance (SSDI) program is designed to provide monthly benefits to Americans who have worked for enough years and paid enough taxes to have paid into the system and then become disabled so they can no longer work.  The SSDI program is administered by the United States Social Security Administration (SSA).

1078874_word_work_on_the_dices-300x214The Americans with Disability Act (ADA) is a federal law designed to provide various rights to persons with disabilities, require employers to comply with certain requirements, and to provide method to obtain a remedy when the rules are not followed.  In many cases, someone can a file a lawsuit in federal court under the ADA and request monetary damages.   Continue reading

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A recent news feature from the Brookings Institute discusses the future of the Social Security Disability Insurance (SSDI) fund.  The Brookings Institute is a non-profit think tank that has policy making experts to research issues and make recommendations to Congress, the president and other politicians.  They generally comment on issues of domestic and international policy concern.

778761_heartOne of the issues on which the institute has been working is how to fix or shape the future of the Social Security Disability Insurance benefits program.  The SSDI program, along with the Supplemental Security Income (SSI) program are two disability programs designed to help people who are disabled and unable to work.  The SSDI program is for workers who have paid into the system and can no longer work due to injury or illness.  The SSI program is primarily for disabled children in low-income households and blind or disabled adults who have never worked.  Continue reading

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For much of last year, we have been hearing about how the Social Security disability fund would run out of money by late in 2016.  This budget shortfall would result in a roughly 19 percent cut across the board in paid benefits. In other words, every one of the 11 million Americans who are collecting Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) would have their monthly benefit slashed by nearly a fifth, which would cause a terrible hardship. In many cases, recipients would no longer be able to take care of themselves and their families.

In the run-up to the GOP presidential primary, many previous candidates vowed never to allocate additional funding to Social Security Disability Insurance without a major overhaul. But as it turns out, forcing some 11 million people to go hungry isn’t good for one’s political career. Several agreed to a last-minute deal that would fund the program.hammer
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When someone applies for Social Security Disability Insurance (SSDI) benefits in Boston, they do so by submitting an application along with supporting documentation from medical health professional showing proof of the claimed disability.  The disability can be a single medical condition that will allow the claimant to qualify for benefits, but more likely than not, it will be for a combination of medical conditions that hopefully will qualify the patient for Social Security Disability Insurance or Supplemental Security Income (SSI) benefits.stopwatch

Once a claimant submits the initial application, personnel at the United States Social Security Administration (SSI) will review it.  This first review is performed by an employee with the job of evaluating claims.  It should be noted that in the majority of claims (well more than half), the application is denied without any type of hearing or even a valid reason.  The claimant will simply be told that he or she does not have a single debilitating condition or combination of conditions that qualifies the individual as disabled under the SSA guidelines. Continue reading

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There is no question that gun control is a major issue in American politics these days.  With more and more school shootings and “active shooter” situations, there are many who are calling for a complete ban on hand guns and assault rifles.  Some will even go further and say that there should be no guns allowed due to the dangers posed by all of these shootings and domestic violence incidents.

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On the other hand, there are those who feel that it is every American’s Second Amendment right to own firearms, and the solution to the gun violence issue is for more Americans to carry weapons. Regardless of one’s position on the issue, it seems that most are in agreement that the mentally ill, including those with conditions such as schizophrenia, should not own a gun. Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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