Massachusetts Social Security Disability Lawyers Blog

May 27, 2016

Smith v. Colvin: SSDI Appeals

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.

After 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

May 23, 2016

SSDI Benefits and the Americans with Disabilities Act (ADA)

by Jeffrey S. Glassman

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).

The 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

May 20, 2016

A Look at the Future of SSDI and SSI

by Jeffrey S. Glassman

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.

One 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

May 17, 2016

A Case to Fix Social Security Disability Now

by Jeffrey S. Glassman

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.
Continue reading

May 15, 2016

SSA Shortcut to Reduce Waiting SSDI Hearings

by Jeffrey S. Glassman

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.

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

May 12, 2016

SSDI Recipients and New Gun Control Efforts

by Jeffrey S. Glassman

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.

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

May 9, 2016

A Look at the Social Security Disability Benefits Reevaluation Process

by Jeffrey S. Glassman

Getting disability benefits is no easy task for many of the 11 million Americans estimated to be living with a disability at any given time in the United States. In some cases, we have seen it take years for people to get qualified for benefits to which they are rightfully entitled. However, what many people may not realize is that once they get approved for Social Security Disability Insurance (SSDI) benefits, they will be subject to a reevaluation, so the United States Social Security Administration (SSA) can verify the claimants are still disabled.

As discussed in a recent article from the National Law Review, after you have been approved for Social Security Disability Insurance or Supplemental Security Income (SSI), you will be subject to a Continuing Disability Reevaluation, which is also know as a CDR. The CDR can take place around three years after becoming eligible for benefits for claimants younger than 55 years of age. For those Social Security disability benefits claimants who are over 55 years of age, you will likely be subject to a Continuing Disability Reevaluation around seven years after first becoming disabled and receiving benefits. Continue reading

May 6, 2016

A Life on Social Social Security Disability Benefits

by Jeffrey S. Glassman

A recent news article from ABC discusses how difficult life can be for the millions of Americans who are suffering from a disability. A man interviewed for the article was at risk for having his home foreclosed on as he waited for disability benefits.

Six years ago he was working as an electrical engineer and was doing quite well for himself and his family. He was helping to build the new One World Trade Center tower, to replace the ones destroyed on 9/11, when he had a heart attack. He was disabled following the heart attack, and his cardiologist told him that he could return to work, but only part time because the stress on his heart and body would be too great. Continue reading

May 3, 2016

Whitehead v. Colvin: Disability Benefits Appeals

by Jeffrey S. Glassman

Whitehead v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, involved a claimant who was suffering what he described as severe neck pain. His neck pain began while he was working as an operator of heavy equipment, and he hit his head while on the job.

After his slip and fall accident, he went to a doctor for immediate medical attention and told his doctor that it was his plan to apply for Social Security Disability Insurance (SSDI) benefits. Continue reading

April 30, 2016

Cypress v. Colvin: SSI Appeals

by Jeffrey S. Glassman

Cypress v. Colvin, a case from the United States Court of Appeals for the Eight Circuit, is an appeal from the District Court’s decision to affirm the denial of claimant’s Supplemental Security Income (SSI) benefits. Essentially, a claimant can file an application with the United States Social Security Administration (SSA), and if that application is denied, the claimant can file a series of written appeals and eventually be granted an evidentiary hearing before an administrative law judge (ALJ).

If an ALJ denies benefits as well, the claimant can file a request for review with the SSA appeals commission, which is essentially an in agency review process. However, review at this level is discretionary, and the SSA can decide not to hear an appeal. If the request for appeal is denied, or of it is granted and the appeal is denied, the next step is to file a case in the United States district court for the district in which the SSA office that denied an application is situated. If the district court affirms the denial by SSA, either by ALJ or through the appeals commission, the next and most likely final step is to file an appeal with with the United States circuit court in which jurisdiction is proper. Continue reading