Massachusetts Social Security Disability Lawyers Blog

November 18, 2015

Sen. Tom Cotton Tried to Link Social Security Disability Benefits to Drug Addiction

According to a recent news article from MSNBC, Senator Tom Cotton (R-Arkansas) is now suggesting a connection between the millions of Americans collecting Social Security Disability Insurance (SSDI) benefits and serious drug addiction.

The controversy started when Cotton was making a speech at a conservative foundation and started talking about how Social Security disability benefits have changed from a safety net for those who can’t work to the “norm” where people are just expected to apply for benefits. He said this was particularly prevalent in the Southern Appalachian region of the country. Continue reading

November 15, 2015

A Look at the Social Security Disability Insurance Fix

by Jeffrey S. Glassman

After hearing about how the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs would run out of money late next year, there was a great deal of fear that nearly 11 million Americans would face a 20 percent cut in their monthly benefits checks.

Fortunately, Congress was able to come to an agreement about how to save the benefits program for the next few years, and President Barack Obama recently passed that piece of legislation into law. A recent article from Forbes takes a look at what this means for the American public in both the short term and long term. Continue reading

November 11, 2015

Morgan, Jr. v. Colvin: ALJ Hearing Process in Disability Cases

by Jeffrey S. Glassman

In, Morgan, Jr. v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, claimant applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Claimant became disabled after he suffered a serious injury. He was working as an auto glass technician and was replacing a window on a semi tractor-trailer cab when he fell off and hit the ground. When he fell, he injured his back, shoulder and legs and was unable to work.

When he applied for disability benefits, the United States Social Security Administration (SSA) denied his application for benefits. SSA is the federal agency that runs disability programs. Following his initial denial, he requested a hearing before an administrative law judge (ALJ). An ALJ is supposed to be an independent judge who hears both sides of the case and decides if claimant is disabled. However, since SSA employs all ALJs, and they have offices at SSA facilities, it is not surprising that more often than not, they side with SSA and deny benefits. Continue reading

November 9, 2015

Lesterhuis v. Colvin: SSDI Denials

by Jeffrey S. Glassman

In Lesterhuis v. Colvin, a case from the United States Court of Appeals for the Second Circuit, claimant was 47 years old and had an 11^th grade education. He was employed as commercial truck driver for a food distribution company. While working for employer, claimant injured his back in 2008.

In the years following his injury, claimant had a variety of treatments, including various surgical procedures, but there had not been much improvement in his condition. He filed a claim for Social Security Disability Insurance (SSDI) benefits in 2009 with his disability date listed as 2008. His claim was initially denied, so he filed a request for an administrative hearing. Social Security Disability Insurance (SSDI) benefits hearings are presided over by an administrative law judge (ALJ) who is employed by the United States Social Security Administration (SSA). Continue reading

November 5, 2015

Social Security Disability Advocates Not Thrilled with Recent Deal

by Jeffrey S. Glassman

According to a recent news feature from Huffington Post, people seem indifferent about the recent budget deal designed to prevent 11 million beneficiaries from facing 20 percent cuts in their benefits, hire new administrative law judges (ALJs) and make some changes to how the system operates. Had this or some other deal not been reached, the 20 percent benefits reduction would have been imposed across the board starting in late 2016. There would also be an increase in Medicare Part B premiums of over 50 percent had a deal not been reached.

Advocacy groups involved in the process of creating the legislation were essentially strong-armed into supporting it, because failure to support such a deal would result in the needless suffering on millions of Americans for which they purport to speak. One of the things they did not like about the bill was that it ends one program used by nearly half the states to award disability benefits to applicants, in some cases where they did not have independent medical exams. They obviously see this as a loss. Continue reading

November 4, 2015

Obamacare and Social Security Disability Insurance (SSDI) Benefits

by Jeffrey S. Glassman

According to a recent news article from Mother Jones, the United States Affordable Care ACT (ACA), more commonly referred to as Obamacare, may be able to offer assistance to those struggling with the Social Security Disability Insurance (SSDI) benefits application process.

One man interviewed for the news feature was diagnosed with a very rare medical condition that was also very expensive to treat. He had just lost his job and knew that it was not worth looking for another one, because, with his medical condition, he would not be able work enough hours at a low paying job to come anywhere close to being able to support himself. Instead, he decided it would be better to apply for Social Security Disability Insurance benefits. Continue reading

November 2, 2015

Compromise on Social Security Disability Budget to Avert Crisis

by Jeffrey S. Glassman

For at least the past year, we have been hearing a lot from the media and politicians running for presidential nominations about how the Social Security Disability Insurance (SSDI) benefits program and the Supplemental Security Income programs would run out of money in late 2016, resulting in a reduction of benefits by 19 percent across the board. This across the board 19 percent budget cut would mean for the nearly 10 million Americans currently collecting disability benefits, their respective checks would be cut by 19 percent, leaving many of them below the federal poverty line with no way to take care of themselves and their families. The United States Social Security Administration (SSA) runs both disability programs, as well as the Old Age and Retirement Program of which most people are familiar.

While this budget crisis was getting closer, many politicians, mostly Democrats, were advocating for a reallocation of resources from the Social Security retirement program to the disability benefits programs. Even though Social Security Administration runs both the disability and retirement programs, the money comes from different funds, because they are not designated for the same purpose in terms of who the beneficiaries are. This would be relatively easy to do, since the retirement program is funded through the year 2034, according to most estimates, and it would only take enough money to reduce that number by one year to fully fund the disability program for at least the next 15 years. Continue reading

October 27, 2015

Disability Insurance and Going Back to Work

by Jeffrey S. Glassman

More and more Americans with disabilities are striving to overcome their disabilities and show the world that they can do anything they want. As we find ourselves in National Disability Employment Awareness month, the idea of people being able to work despite their disability becomes a major focus.

A recent article from Logan Daily News looks at how this fight to overcome disabilities works in relation to the Social Security Disability Insurance (SSDI) benefits program. First, the article discusses one major misconception the general public and politicians have about those who are receiving disability benefits. This misconception is that people who collect disability benefits from Social Security have never worked a day in their lives and choose to sit at home collecting benefits instead of working. Continue reading

October 22, 2015

Common Mistakes When Applying for Social Security Disability Insurance

by Jeffrey S. Glassman

Applying for Social Security Disability Insurance (SSDI) benefits can be a long and daunting process. The reason for this is because the system is basically set up in a way that is designed to reject more than half of applicants, and, in many of these rejections, there is little relation to the merits of the claim.

A recent article from The Global Dispatch looks at some common mistakes when filing for Social Security Disability and some tips for how to avoid making these mistakes. One of the first tings you can do to avoid making mistakes is be prepared. Continue reading

October 21, 2015

How VA Benefits Interact with Social Security Disability Benefits

by Jeffrey S. Glassman

After years of fighting the Global War On Terror, there are more disabled veterans living in America who can no longer work and are no longer in the armed forces. Many of these disabled veterans are receiving benefits from the United States Veterans Administration (VA), but these benefits are not enough to make ends meet. Many of these veterans are asking whether they can apply for Social Security Disability Insurance (SSDI) benefits while also collecting VA benefits. A recent article from PBS deals with this issue.

The article focused on a question from a person currently collecting VA benefits. He said the VA awarded him benefits with a 100 percent disability rating in 1994. He went on to say that when he applied for Social Security Disability Insurance benefits, he was told he didn’t qualify, because he was already collecting VA benefits. Veteran said he accepted what they told him and didn’t pursue his case any further. He did feel bad about that fact that he had even bothered them by asking about benefits. However, he also felt a little upset, because he had paid into the system since he was 16 years old. Continue reading