Massachusetts Social Security Disability Lawyers Blog
Applying for Social Security Disability Insurance (SSDI) benefits without the help of an experienced attorney can be one of the most frustrating processes you can imagine. A recent article from the Bradenton Herald takes a closer look at the application and appeals process by asking a series of frequently asked questions and providing the answers. Continue reading
Number of Americans on Social Security Disability Benefits Increasing
According to a recent news feature from Forbes, the media focus on the Social Security Disability Insurance (SSDI) and the United States Social Security Agency (SSA), which oversees the disability benefits program, is nothing new.
In 2013, NPR ran a series explaining how the number of Americans collecting disability benefits was increasing and showed the SSDI program as being outdated and mismanaged. It also implied many of the people collecting Social Security disability benefits were exaggerating their illnesses or other disability to get benefits to which they were not rightfully entitled. The exaggeration of benefits is known as malingering by administrative law judges (ALJs) who oversee hearings and make determinations as to whether a denial of benefits by SSA employees was correct. Continue reading
Social Security Disability Benefits for Children
When people think of the Social Security disability benefits program, they are normally thinking of the Social Security Disability Insurance (SSDI) program. SSDI is a program where workers have taxes withheld from their paychecks each pay period. Some of the tax withheld goes to federal and state income and some goes to fund federal benefits programs like the Social Security programs. However, the money is then further divided and some goes to fund the Social Security retirement fund and some goes to fund the Social Security disability programs. SSDI is one of these programs.
After paying taxes by working for a specific number of fiscal quarters in a row, workers earn credits into the SSDI program. Essentially, every worker is paying a premium for disability insurance in case that worker suffers an injury or illness that causes a disability and prevents that person from working full or part time. Continue reading
Budget Problems with Social Security Disability Insurance Program
There has been a lot of news lately about the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) programs, which are both facing a major budget shortfall. It is estimated that if Congress does not agree to reallocate funds from the Social Security retirement system by the end of 2016, the program will be out of money and unable to operate at full capacity.
In other words, by late 2016, over 9 million Americans will have their Social Security disability benefits cut by nearly 20 percent. Many of these disabled Americans will not be able to make ends meet or take care of themselves and their families with only 80 percent of their benefits. It should be also be noted, the system was designed so people could not make as much sitting at home and collecting benefits, so even at 100 percent of their benefits, a disabled individual is only making around two thirds of what they made before becoming disabled.
According to a recent report from Bloomberg, the program itself has various issues that should be corrected, aside from seeking money from Congress. First, the author looks at the history of the Social Security disability program. The United States Social Security Administration (SSA) and the Social Security Retirement program was already up and running, as it had been created by Roosevelt as part of the New Deal plan to get out of the Great Depression when Eisenhower added a disability benefits program in 1956. Continue reading
National Cancer Survivors Day and Social Security Disability
The first day of June each year is National Cancer Survivors Day across America. Many of these cancer victims have managed to survive the deadly disease but are still unable to return to work. Even after cancer has been removed and patients have gone into remission, many are left with significant health issues from surgical complications and weakened or non-existent immune systems from chemotherapy and radiation treatments necessary to remove and kill tumors.
According to a recent news feature from The Daily Courier, many of these cancer survivors must turn to the Social Security Administration and their Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits to economically after they have survived cancer. Continue reading
Social Security Administration Restores Disability Benefits to Hundreds
According to recent news article from Kentucky.com, the United States Social Security Administration (SSA) has decided to reinstate benefits for hundreds of disability claimants whose benefits they had earlier suspended. There will be a full investigation and hearing to determine eligibility before any benefits are terminated. This will help ease the fear of imminent economic hardship and “ruin” benefits termination has caused to many families.
The trouble for these hundreds of disabled Americans began when SSA became concerned that nearly a thousand Social Security Disability Insurance benefits recipients had received benefits to which they may not be rightfully entitled. Rather than conduct an investigation and then make decisions as to whose, if any, disability benefit would be terminated, SSA sent out around 900 letters to disability benefits recipients announcing their disability benefits were to be immediately terminated. Continue reading
Johnson v. Colvin: Social Security Disability Benefits
Johnson v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves claimant who suffered from a variety of serious medical conditions including, morbid obesity, chronic asthma, depression, post-traumatic stress disorder (PTSD), anxiety, and intellectual functioning impairment.
Claimant has never been employed and only completed school through ninth grade. She never obtained a GED and never learned to drive a car nor obtained a license to drive. When she applied for Supplemental Security Income (SSI) benefits, the United States Social Security Administration (SSA) required her to undergo a series of cognitive and behavioral tests performed by a Ph.D. of their choosing. Continue reading
Engstrand v. Colvin: Denial of SSDI Benefits
Engstrand v. Colvin, a case from the Unites States Court of Appeals for the Eighth Circuit involves claimant who was working as a dairy farmer before becoming disabled. Claimant worked until he turned 47 years old. He had been suffering from various health conditions prior to becoming disabled, but it was his diabetic neuropathy and osteoarthritis which both became unbearable. His last day at work was in July of 2010.
In his claim for Social Security Disability Insurance (SSDI) benefits, claimant alleged he first became disabled in July of 2007. He was initially denied when he applied for SSDI and appealed several times in writing before requesting a formal hearing before an administrative law judge (ALJ). Continue reading
Child Cancer Patients Turn to Supplemental Security Income Benefits as Adults
Social Security Disability Insurance (SSDI) is essentially a government-run, long term disability insurance program. However, instead of paying a premium directly to an insurance company, as is required to secure and maintain a private disability benefits policy, workers have a portion of their gross pay deducted from their paychecks, and the money is used to fund the Social Security disability benefits programs, including SSDI.
Once a worker has earned enough credits by working for a minimum number of quarters and becomes disabled through injury or illness, claimant can file a claim for Social Security Disability Insurance benefits. If a claimant has not worked enough quarters in the years prior to developing the illness or suffering a debilitating injury, claimant will not be eligible for SSDI benefits.
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Social Security Disability Benefits when Agency Believed Claimant was Dead
It is often hard enough to get Social Security Disability Insurance (SSDI) benefits in the first place. After Social Security Administration (SSA) finally awards you benefits, the benefits should continue for years to come. However, it is easy to understand why SSA would terminate benefits when they have information a claimant is no longer living, but one would hope they would verify this information before terminating benefits.
According to a recent news article from KITV, one disability claimant in Hawaii who was very much alive, was told her benefits were terminated because she had died. While one might assume this would be an easy problem to correct, much like other procedures involving SSA, this turned out to be fairly complicated.
Apparently, claimant’s name was accidentally added to the SSA’s Death Master File, and her benefits were discontinued. The inspector general for the agency estimates around 1,000 disability benefits claimants are mistakenly added to the Death Master File each month. Claimant found out she had been cut off when she could not access the checking account set up to receive her SSDI benefits, and she could not pay her bills. She immediately called to find out what happened, and an agency representative simply stated, “I’m sorry, we’re showing that you are dead.”
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