Massachusetts Social Security Disability Lawyers Blog

June 25, 2015

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

June 22, 2015

Child Cancer Patients Turn to Supplemental Security Income Benefits as Adults

by Jeffrey S. Glassman

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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June 20, 2015

Social Security Disability Benefits when Agency Believed Claimant was Dead

by Jeffrey S. Glassman

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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June 17, 2015

Papesh v. Colvin: Social Security Disability Insurance Benefits Litigation

by Jeffrey S. Glassman

Papesh v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involved a claimant who worked as a bakery assistant, where she helped decorate cakes. She had earned a GED and lived with her husband and her adult daughter.

She began to experience pain, which eventually got worse. Claimant reported to doctor she had long-term lower back pain, which radiated through her legs and hips. She reported the pain was worse while she was working, because the bakery’s concrete floors were difficult to stand on for an entire day. She started to develop palpation of her lumber spine as well as general back pain.

After turning 50, the pain had gotten to a point where claimant could not stand to work an entire eight-hour shift at the bakery. After working, she was forced to lie on her back with a pillow under her knees and use an ice pack. Her treating physician determined she had some disc problems and chronic changes to her nerve bundles. He did not believe she suffered from true radiculopathy and referred her to an interventional pain clinic and a neurosurgeon. Her doctor also ordered she not work during the three weeks of the busy season at the bakery.
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June 15, 2015

Study Shows Students With Disabilities Have Trouble Graduating

by Jeffrey S. Glassman

According to a recent news article from Disability Scoop, almost 40 percent of students with disabilities do not graduate high school. Education policy officials predict around 90 percent of children with disabilities should be able to graduate with the systems and practices in place. In reality, we are seeing only six out of ten of these disabled individuals actually being able to complete all requirements and graduate from high school.

These recent numbers come from a study that examined much of the available federal education data. This 60 percent graduation rate for students with disabilities is significantly lower than the total graduation rate of around 81 percent.

It should be noted, the graduation rate for disabled students is higher than in previous years, so the new special education system is working to some extent, but a rate of 20 percent below the average graduation rate is still an alarming issue for many researchers and, more importantly, parents of students with disabilities.
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June 10, 2015

New Disability Liaison at White House

by Jeffrey S. Glassman

Contrary to the opinion of many looking to get rid of the Social Security Disability Insurance program as part of a presidential campaign bid, the vast majority of Americans with disabilities are at a point where, without benefits, they would not be able to afford basic necessities for themselves or their families without it.

According to a recent news article from Disability Scoop, President Barack Obama has recently hired a new disability liaison to work with the White House to bridge the gap between Americans with disabilities and the federal government, so as to make lives easier.
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June 5, 2015

Social Security Disability for Federal Employees

by Jeffrey S. Glassman

Across the nation in large cities like Boston, there are large numbers of federal workers. One of the advantages to being a federal worker is, of course, the benefits available to all employees. These benefits often involve cheaper access to better health insurance plans and access to federal retirement programs.

While the days of full federal pension are essentially over, federal employees still have a variety of good options for employee-funded retirement programs with federal government matching available. However, in some ways, being a federal employee is more complicated than working in the private sector.

A recent article from Fed Smith, a publication of interest to federal workers, or “Feds” as they are often called, discusses one complication for disabled federal workers who are looking to retire or stop working as a result of their disability. These issues involve how federal disability retirement programs work in relation to Social Security Administration (SSA) run Social Security Disability Insurance (SSDI) benefits.
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May 30, 2015

Senate Democrats Propose Social Security Funds to Thwart Disability Program Crisis

by Jeffrey S. Glassman

With GOP representatives and presidential hopefuls looking for ways to cut funding to the program, Senate Democrats are trying a different approach. Many Democrats believe the answer to our impending to Social Security Disability Fund crisis is to simply combine its budget with the Social Security retirement fund.

There are two separate funds administered by the United States Social Security Administration (SSA). First, there is the Social Security retirement fund with which most people are familiar, and then there is the Social Security disability fund. The disability fund provides money for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Since the two funds operate programs that serve different functions, under current law, they must be separately maintained.
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May 26, 2015

Social Security Disability Claimant Pleaded Guilty to Bomb Threat

by Jeffrey S. Glassman

Apply for Social Security Disability Insurance (SSDI) is a daunting task for any unrepresented claimant. There is nothing more frustrating than suffering from a severe disability that will not allow you to work and take care of yourself and your family. With medical bills piling up, seemingly arbitrary denials and reductions in already existing benefits can push that level of frustration even higher.

While there is no excuse for this kind of allegedly illegal conduct, this level of frustration was so high in one Florida man that he allegedly called in a bomb threat to his local Social Security Administration (SSA) office after the agency reduced his much-needed disability benefits.

According to a recent news article from the News Herald, a man just pleaded guilty to making a bomb threat on the office. Authorities say 36-year-old defendant pleaded guilty to the charge of giving false information in connection with a threat on the SSA office. Prosecutors say he admitted he was trying to intimidate agency employees after he disagreed with the amount of his monthly benefits check.
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May 23, 2015

ALS and Social Security Disability Benefits

by Jeffrey S. Glassman

May is national ALS awareness month, so it seems appropriate to discuss the serious disease and how it works in terms of a Social Security Disability Insurance (SSDI) benefits claim. According to a recent article from NTV News, ALS, formally known as Amyotrophic Lateral Sclerosis, and informally referred to as Lou Gehrig’s Disease, after the famous baseball player who was stricken with ALS, is included on Social Security Administration’s (SSA) Compassionate Allowances List.
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