According to a recent news article from NBC 11, the husband of a woman suffering with amyotrophic lateral sclerosis (commonly called “ALS” or “Lou Gehrig’s disease”) had been fighting with the United States Social Security Administration (SSA) for nearly a decade before benefits were finally awarded only days before his wife’s death.
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Every week, we see a new rash of news articles about the fate of the Social Security Disability Insurance (SSDI) program. Most focus on the fact that by the end of 2016, the Social Security Administration (SSA) will not have enough money in its budget to pay all disability awards. There is expected to be a 20 percent reduction in the budget if Congress doesn’t act quickly to fix the pending deficit.
One way to fix this predicted crisis is to shift money from the Social Security retirement benefits to the SSDI and Supplemental Secularity Income (SSI) benefits fund. The retirement fund is currently fully funded through 2030, so if money is reallocated to the disability fund, there is time to work on a long-term solution or do another funds shift at some point in the future. This is what Congress has done numerous times in the last 60 years in which Social Security has been in existence.
However, many in the media and Congress are using this as chance to discuss all alleged problems with Social Security, and many want to use this opportunity to cut or privatize the program. This would result in a tremendous hardship to millions of Americans who depend on disability insurance to make ends meet and are truly too disabled to work and take care of their families.
One of the claims by opponents of the SSDI and SSI program is that it is too easy to get disability insurance, and most claimants are gaming the system, to the use the terminology of Senator Rand Paul. There has been a lot of focus on how benefits are particularly easy to get in Ohio, where administrative law judges (ALJs) tend to side with claimants, according to critics.
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It is hard to walk to down the street in downtown Boston without seeing those who live on the city streets. While it is never easy to be without a home, it was especially difficult during this harsh winter that has just ended. The Boston Globe published a recent article in the Metro section that looked at the homeless population in our city and their struggle to obtain Social Security disability benefits.
During the month of February, over 300 city officials and volunteers spend an evening walking the cold dark streets to conduct the city’s annual count of homeless residents. This winter has not only been particularly brutal in terms of cold temperatures and snowfall, but a large homeless shelter closed as well. This was, of course the Long Island Shelter, which city officials had to evacuate this winter with the close of the Long Island Bridge.
With the bridge connecting Long Island to Quincy in a dangerously dilapidated condition, city officials made a quick move to close the bridge to all traffic and evacuate the island shelter of hundreds of homeless and recovering drug addicts. While they city has been working on a temporary and eventually permanent solution, many from the shelter ended up on the street.
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Voigt v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, involves claimant who applied for Social Security Disability Insurance (SSDI) benefits, only to have the Social Security Administration (SSA) denied his application.
Claimant was 40 years old at the time he applied for SSDI benefits. Claimant was employed as a trained machinist until 2002. It was then that he applied for total disability. His claimed disability was primarily related to mental illness, including severe depression and bipolar disorder, as well as chronic back pain, hip trouble, and an anal fissure.
When he first applied for benefits, SSA denied his application. After a series of appeals, he was able to have a hearing before an administrative law judge (ALJ). ALJ determined claimant was capable of working at lower paying unskilled jobs, so he was therefore not disabled within SSA guidelines. Claimant tried to take PAXIL to help with his mental health issues from 2001 to 2008, but he stopped taking the drug, because he was having a problem with adverse side effects.
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Mascio v. Colvin, an appeal from the United States Court of Appeals for the Fourth Circuit, involved claimant who applied for Supplemental Security Income (SSI), and the Social Security Administration (SSA) denied her claim for benefits.
Claimant based her request for disability benefits on the fact she suffers from a degenerative disc disorder, carpal tunnel syndrome (CTS), and an adjustment disorder. Adjustment disorder is a psychological illness related to stress that makes it difficult for patients to engage in normal social situations or workplace situations.
She had a hearing before an administrative law judge (ALJ), who determined claimant was not disabled. Claimant timely appealed this decision, and the appellate court reversed ALJ’s decision and remanded the case for a new hearing before a different ALJ.
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During the height of the wars in Iraq and Afghanistan, it was impossible to watch the news without seeing the consequences to brave men and women of our armed forces. Many were killed, and even more were sent home with serious disabilities caused by improvised explosive devices (IEDs) and other combat-related injuries, including traumatic brain injury (TBI).
According to a recent news article from Forbes, wounded service members have been sending open letters to their respective Congress members asking for help with the Social Security Disability Insurance (SSDI) benefits application process. One of those letters was from a medically discharged U.S. Army soldier. He describes how he became disabled and what has happened since getting back to the United States.
After he completed his last combat tour, he was assigned to the Army’s Wounded Warrior Program at Fort Knox. Medical professionals at the program evaluated claimant and had him undergo two surgical procedures. He also went to physical therapy and received treatment to manage his pain. He applied for SSDI benefits in May of 2013. It took them nearly an hour to verify he was even eligible to apply for SSDI as a member of the Wounded Warriors, despite him immediately showing them a Social Security Administration (SSA) publication about Wounded Warriors’ right to SSDI benefits. Once he was allowed to apply, SSA denied his application, finding he was still employable. He had to file an appeal to this denial.
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If you are disabled and in the process of applying for Social Security Disability Insurance (SSDI) benefits, or are currently a recipient of SSDI benefits, you are probably paying close attention to the massive news coverage of the impending budgetary shortfall facing the Social Security Administration (SSA) run disability benefits program.
A recent news feature from Town Hall is urging Congress to take action before it’s too late. The problem stems from the fact that SSA runs various programs funded by different sources. First, there is the Social Security retirement benefits program millions of elderly Americans rely upon to survive when they reach the ever-increasing age of eligibility. In addition to this program, with which most of us are familiar, there are two programs to help disabled Americans. One is the Social Security Disability Insurance program, and the other is the Supplemental Security Income program (SSI).
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Many disabled Americans know the United States Social Security Administration (SSA) has programs for which they can apply if they are disabled, but they often do not know about the specifics of the various disability benefits programs.
A recent article from the Daily Local News takes a closer look at the differences between the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program.
On the surface, the main difference noted in this article is the SSDI program essentially pays benefits based upon a claimant’s disability and work history, whereas SSI pays benefits based upon a claimant’s disability and a low-income level.
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According to a recent article from Metro Weekly, representatives of same sex couples have filed a lawsuit against Carolyn Colvin in her capacity as Director of the United States Social Security Admission (SSA).
Plaintiffs claim after the Supreme Court of the United States (SCOTUS) struck down provisions of the Defense of Marriage Act (DOMA) pertaining to Social Security benefits for couples in a same-sex marriage, SSA continued to deny them benefits for a year after the landmark decision in the Windsor case. Gay and Lesbian Advocates and Defenders (GLAAD) and Justice and Aging have filed this class action lawsuit on behalf of plaintiffs.
Court papers alleged SSA was constitutionally required to recognize plaintiffs’ same-sex marriage after Windsor, but chose not to do so for a year. Now that SSA is recognized same-sex marriages, they are going back and trying recoup what they consider over-payments of Supplemental Security Income (SSI) benefits.
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Anyone who has ever gone through the Social Security Disability claims process administered by the United States Social Security Administration (SSA) knows it can be a daunting task. This is especially true of those who decide to try to get benefits without the assistance of an experienced disability attorney.
Basically, the system is set up in way to deny valid disability claims and take advantage of unrepresented claimants’ lack of experience with the system.
According to a recent article from Fox Atlanta, former Major League Baseball player Brian Doyle, who played second base for the New York Yankees during their winning bid for the 1978 World Series, is saying it was easier to win the World Series that it is to get approved for Social Security disability benefits.
Despite his exceptional performance in the 1978 World Series, the utility player had only racked up a .161 batting average over the span of his career and retired from playing three years later to work as a coach. Several years after his retirement from playing, Doyle was diagnosed with leukemia. While his cancer went into remission, he was left with various debilitating conditions to his legs and upper extremities he says was a result of the chemotherapy and other treatment.
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Massachusetts Social Security Disability Lawyers Blog
