Massachusetts Social Security Disability Lawyers Blog

September 8, 2015

Hesseltine v. Colvin: SSDI Denials and Appeals

In Hesseltine v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant graduated from high school in 2003. However, she graduated with a sixth grade reading level and was assessed as having a mental functioning level within in the “borderline range.”

Her disability issues first presented when claimant was a young child. At age eight, she was giving an IQ test and scored a full-scale IQ of 70. As part of the breakdown, she received a raw 72 in processing and 73 in verbal ability. A school mental health professional administered the test and determined her IQ and mental functioning level was within the borderline range. Continue reading

September 6, 2015

A Look at Some Supposed Myths Surrounding Social Security Disability Insurance

by Jeffrey S. Glassman

According to a recent article from Everyday Health, there are many myths that mislead people, in terms of applying for Social Security Disability Insurance (SSDI) benefits and what will happen after being awarded disability benefits.

This first myth listed is that it is not worth applying because you will just be rejected anyway. While it is certainly true that a large number of claimants will have their applications denied initially, this does not mean you should not bother to apply. Continue reading

September 2, 2015

Possible Raise in Social Security Benefits

by Jeffrey S. Glassman

For the last two years, we have been hearing a lot about how the Social Security disability fund will run out of money in late 2016 if nothing is done. The Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program comprise what people are talking about when they refer to Social Security disability. The United States Social Security Administration (SSA) administers both the SSDI and SSI programs, and the benefits money comes from the agency’s disability fund.

In addition to the disability fund, there is also a Social Security retirement fund. That fund is used to pay for the Social Security retirement benefits people are generally referring to when they say someone is collecting Social Security. While SSA administers both funds, the money, which is collected in the form of tax withholdings, must be maintained in separate funds, because they are for separate purposes. However, until Congress passed a recent law, if the money was running low in one fund, it could easily borrow money from the other fund, so that there was no reduction in benefits. This is what has happened several times during the roughly 60 years the disability program has been in existence. Continue reading

August 28, 2015

Supplemental Security Income (SSI) Disability Benefits – A Closer Look

by Jeffrey S. Glassman

Social Security Disability Insurance (SSDI) benefits are available to workers who paid taxes long enough to have “paid into the system” and have become disabled for reasons other than an on-the-job injury. On-the-job injuries are typically covered by workers’ compensation benefits.

However, in the case of disabled children, the elderly, and blind individuals, it may be difficult or impossible to qualify for Social Security Disability Benefits due to the fact these people may never have worked, or even if they had worked at one time, had not worked long enough or recently enough to have paid into the system. One can only pay into the system by working enough fiscal quarters immediately prior to becoming disabled, and thus having earned enough quarterly credits. Continue reading

August 22, 2015

Alaura v. Colvin: SSDI Denials

by Jeffrey S. Glassman

Alaura v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involves a claimant who was hit in the back of his head by an attacker armed with a barstool. The 22-year-old claimant suffered a shattered skull as a result of the attack.

After victim was hit with the bar stool, first responders rushed him to a local hospital, where he was immediately taken into surgery. Due to his traumatic brain injury (TBI), surgeons had no choice but to remove a part of claimant’s brain and place a metal plate on his skull to protect him from additional brain damage. This highly invasive surgical procedure is known by neurosurgeons as craniotomy. Continue reading

August 18, 2015

Majority of Americans Believe Social Security Disability Insurance Program in Trouble

by Jeffrey S. Glassman

As many are now aware, the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs are facing a major budget shortage if Congress does not fix the problem soon. Specifically, by late 2016, there will be a 19 percent budget shortage for the disability programs, which will in turn result in a 19 percent cut in every one of the 9 million disability beneficiaries’ monthly checks. This will be devastating to these claimants and their families.

While Congress has claimed it is well aware of the situation and is using the crisis to generate headlines, their fighting among themselves has apparently not inspired confidence among the general public. According to a recent news feature from Inquisitr, a Gallop survey revealed that 66 percent of Americans still believe Social Security is in a state of crisis, and 64 percent of Americans do not think disabled Americans will receive any money once the shortage occurs. Continue reading

August 15, 2015

Brown-Hunter v. Colvin: Standard of Proof in Social Security Disability Cases

by Jeffrey S. Glassman

Brown-Hunter v. Colvin, an appeal from the United States Court of Appeals for the Ninth Circuit, involved an interesting issue about what an administrative law judge (ALJ) is and is not allowed to do with respect to denying Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.

An ALJ is supposed to an independent hearing officer, but, in reality, they work for the Social Security Administration (SSA), hold hearings at an SSA hearings and adjudication office, and maintain a working office at the same site. For this reason, it should come as no surprise that ALJs will often side with SSA in denying benefits to a claimant, even if that claimant is suffering from a truly debilitating condition or set of conditions. Continue reading

August 13, 2015

Stepp v. Carolyn Colvin: SSDI Appeals Process

by Jeffrey S. Glassman

Stepp v. Carolyn Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved a woman who used to work as a correctional officer, a training supervisor, and parole coordinator, who applied for social security disability benefits after suffering from a degenerative disc disease. In addition to the degenerative disc disease, she also claimed a secondary disability of depression.

Claimant first sought treatment for chronic neck pain in 2008. She underwent a series of MRIs, and it was determined she he a degenerative disorder to her cervical spine and thoracic spine. Doctors also found disc herniation and stenosis. The following year, she was referred to an orthopedic surgeon, and she complained of pain in her neck, chest, arms, and shoulders, as well as numbness in one hand and her legs, trouble balancing, memory loss, sleeping trouble, and other related issues. However, her doctor noted she had balanced walking, balanced standing, no problems with her grip strength, and rated her shoulder muscle strength as being four on a scale of five. He noted weakness in her upper extremities, but no serious issues. Continue reading

August 11, 2015

Same-Sex Marriage Legalization and Social Security Disability Insurance

by Jeffrey S. Glassman

Same-sex marriage has been recognized in the Commonwealth of Massachusetts since 2004, when the Massachusetts Supreme Judicial Court (SJC) issued its opinion on the landmark case of Goodridge v. Department of Public Health. While this was a great stride forward for same-sex couples, it did not mean that they could file joint federal tax returns or claim other federal benefits as a married couple since the Defense of Marriage Act allowed the federal government and other states to not recognize same-sex marriages, even if they were entered into in a state in which same-same sex marriage was legal.

In other words, it was a law that overturned the full faith and credit clause of the constitution with respect to same-sex couples and their marriages. It was not until the United States Supreme Court released its opinion in Obergefell v. Hodges, that the Defense of Marriage Act, was struck down as unconstitutional for a variety of reasons, including the Full Faith and Credit Clause, as well as reasons involving equal protection for all Americans. Continue reading

August 7, 2015

Social Security Disability Denials and Appeals Process

by Jeffrey S. Glassman

When you have a disability that was not caused by an on-the-job injury, and you do not have private long term disability insurance, Social Security disability insurance is probably your best way to get disability benefits to allow you to pay your bill and make ends meet. However, getting approved for Social Security Disability Insurance (SSDI) benefits is often not an easy task.

The first step in the application process is to fill out a claim for Social Security Disability Insurance benefits. You submit this application to the United States Social Security Administration (SSA), along with your medical records and a doctor’s recommendation, and wait while hoping for the best. Continue reading