Massachusetts Social Security Disability Lawyers Blog

February 24, 2016

Identity Theft Leads to Loss of Social Security Disability Benefits

According to a recent news article from ABC, a woman’s disability benefits have been terminated after she was a victim of identity theft. The victim has said it took her years of fighting with the United States Social Security Administration (SSA) to get her award of benefits in the first place.

She is a mother of three children who are now in their teens and was working as Spanish language interpreter at the time of her onset of disability. She developed a serious medical condition that required extensive surgery on her colon and bowel and experienced several complications involving the procedure. Continue reading

February 20, 2016

Ash v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

In Ash v. Colvin, an appeal heard in the United States Court of Appeals for the Eighth Circuit, claimant filed for disability benefits, including Social Security Disability Insurance (SSDI) benefits, with a date of disability onset in late June 2010. Her disabilities claimed on the application for benefits included back injuries, foot problems, irritable bowel syndrome (IBS), depression, headaches, and mild mental retardation.

In case you were wondering about the term mental retardation, it is no longer used in the DSM-5 and ICD-11, but that was around the time this case occurred, and the United States Social Security Administration (SSA) was not up to date in many areas, including the 1970s Dictionary of Occupational Titles (DOT) used during hearings before administrative law judges (ALJs). The new term used in the DSM is intellectual disability. Continue reading

February 16, 2016

Workers’ Compensation and Social Security Disability: What You Need to Know

by Jeffrey S. Glassman

A recent article from the National Law Review discusses some issues and questions people often have about how Social Security Disability Insurance (SSDI) can affect a workers’ compensation award. Since many of our clients often ask similar questions, it seems like an issue at which we should take a closer look.

The main question that arises is whether a claimant can work while collecting Social Security Disability Insurance benefits and if this will also have an effect on workers’ compensation benefits. Pursuant to the United States Social Security Administration (SSA) regulations, the agency which oversees the Social Security disability programs, a claimant can work at least part-time while receiving disability benefits in some situations, but there are caveats to this general rule. Continue reading

February 12, 2016

Claiming Disability Benefits and Unemployment Benefits at the Same Time

by Jeffrey S. Glassman

Many people suffer from a disabling condition while they are still working. For some, it is degenerative disc or multiple discs in the spine that cause severe pain and numbness. Others will experience joint pain that makes it impossible to work in the same capacity as they could before the disability occurred. In some cases, the employee may suffer from a mental health issue that makes difficult to work a normal schedule.

While the exact cause and type of disability may be different for everyone, the course of events is often quite similar. The employee can no longer do his or her job. This may mean coming late to work, missing work for medical appointments, or simply being unable to do the job physically. If the employee was suffering from an on-the-job injury or illness, he or she could apply for workers’ compensation benefits, and the employer would have to make reasonable accommodations so employee could still work in some capacity. Continue reading

February 6, 2016

Two Suicides Alleged to Be Caused By Disability Benefits Reduction

by Jeffrey S. Glassman

There has been a lot of coverage lately about an alleged Social Security disability benefits scene that is said to involve people getting benefits to which they should not be entitled. While there are a lot of allegations being thrown around, and Congress has decided to get involved, the personal stories are often overlooked. As a result of these allegations, the United States Social Security Administration (SSA) sent notice to several hundred people in Eastern Kentucky saying their benefits were about to be terminated.

According to a recent news feature from The Lexington Herald Leader, two people who were receiving Social Security Disability Insurance (SSDI) benefits killed themselves after receiving the notice of termination from SSA. One person shot himself in the chin, and the following day a woman shot herself in the head. A lawsuit recently filed by the victim’s respective estates claims the two shootings were a direct response to the termination of benefits letters. Continue reading

January 31, 2016

Social Security Disability Issues with Adult Disabled Children

by Jeffrey S. Glassman

A recent news feature from Forbes deals with a rather complex issue involving Social Security disability benefits for adult children with disabilities. While the term “adult children” sounds a bit odd, we are talking about someone’s son or daughter who is now an adult.

The article followed a couple that went to the Social Security Administration (SSA) office to deal with an issue involving their Social Security Old Age and Retirement benefits. This is what most people think of when they are talking about Social Security benefits. These are benefits you receive if you have worked and paid taxes and reach a certain age when you are supposed to be able to retire. Continue reading

January 27, 2016

Loveless v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

Loveless v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant, who at 56 years of age had a lengthy work history. Claimant worked various jobs, including a delivery driver, warehouse employee, and supply manager for a plumbing company, and he owned a restaurant.

In 2009, claimant began to feel significant pain in his right shoulder, and his doctor referred him to an orthopedic surgeon. Claimant was given steroids, physical therapy, and injections of joint lubricant medication, as well as anti-inflammatory medications, but nothing worked. At this point, the surgeon opted to perform arthroscopic surgery on claimant. This occurred in September of that same year. Continue reading

January 24, 2016

Rand Paul’s Plan to Change Social Security Disability

by Jeffrey S. Glassman

For much of last year, the media was running frequent articles about the Social Security disability fund and how it would run out of money in late 2016. We heard that if Congress did not come to an agreement to fully fund the program, there would be as many as 11 million Americans who would see their Social Security Disability Income (SSDI) benefits checks cut by just less than 20 percent.

While many Democrats were urging GOP to resolve this upcoming budgetary crisis as soon as possible, many GOP presidential hopefuls vowed not to award any more money until Congress agrees to a major overhaul of the program. There were those who felt the federal disability program should not be administrated by the United States Social Security Administration (SSA) as they were seen as an unnecessary middleman. Continue reading

January 21, 2016

Massachusetts Woman Arrested for Supplemental Security Income (SSI) Fraud

by Jeffrey S. Glassman

Many opponents, including recent presidential hopefuls for the GOP nomination, like to claim that most claimants are gaming the system and are not really disabled. Senator Rand Paul was one of the biggest proponents of this theory. He basically accused everyone of the 11 million disabled Americans with malingering and pretending to be sicker they actually were to get benefits because they didn’t want to work. We know that his could not be farther from the truth.

However, this is not to say that fraud of the system never occurs, but rather that any actual fraud incidents make up a very small fraction of the total number of claimants paid each year. When someone does allegedly commit the fraud, the authorities crack down very hard on the defendant not only in hopes of punishing that person, but in deterring others from trying to do the same or similar thing in terms of benefits fraud. Continue reading

January 18, 2016

Disabled Americans Take Issue with Part of Obama’s Gun Control Plan

by Jeffrey S. Glassman

In recent weeks, we have been hearing a lot about the issue of gun control. As is obvious to anyone who looks at the news or even their Facebook feed can see that gun control is very divisive issue. There are those think President Obama is trying to take away everyone’s guns, and there are those that have had enough of school shootings and other “active shooter” situations, and they are willing to do whatever it takes to stop gun violence in America. Regardless of what side of the Second Amendment debate you are on, it is not politically expedient for Congress to enact major gun control legislation.

For this reason, Mr. Obama has decided to take matters into his own hands as his administration is winding down and get rid of the so-called gun show loophole through the use of an executive order. Many Americans support the president in this initiative, and many feel that president is usurping Congress and the United States Constitution to infringe on their Second Amendment rights. There does not seem to be any likelihood the majority of Americans will agree on this issue. It should be noted that while you can legally carry as pistol in Massachusetts with a Class A permit to carry, the Commonwealth has one of the strictest gun control schemes in the nation. Continue reading