Massachusetts Social Security Disability Lawyers Blog

Zirnsak v. Colvin, a disability benefits appeal from the United States District Court for the Third Circuit, involved claimant who was involved in a serious motor vehicle accident in 2001. In this accident, claimant suffered head trauma, lung injuries and bone fractures. Following her car accident, she was in a hospital for approximately five weeks.

She was on life support during hospitalization, and, upon being released, was sent to a rehabilitation facility. After four days at rehabilitation, she returned to the hospital to her have gangrenous gallbladder removed. Doctors then sent her back to her rehabilitation facility. There she stayed for nearly three years. In February of 2003, she suffered a seizure and was treated and prescribed anti-seizure medication. She did not have any additional seizures, but had further plastic surgery for lipoma reductions. A lipoma is a lump that develops between skin and muscle tissue.

During the years following her accident, she underwent treatment for conditions related to her traumatic brain injury (TBI), including memory loss, left hemispheric cognitive impairments, organic affective changes, and seizure disorder. In April of 2010, a doctor performed an assessment of her mental residual functioning capacity (RFC) and determined she had the ability to engage in sustained work activity.
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Curvin v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved claimant who filed for Social Security Disability Insurance (SSDI) benefits. In March 2010, claimant applied for disability benefits after becoming disabled in January of 2009. Her disabilities included glaucoma, trouble sleeping, thyroid disease, knee pain and hypertension.

Social Security Administration (SSA), the federal agency charged with oversight of social security disability benefits, denied claimant’s application. Claimant then went through the five-step review process before SSA granted her a hearing before an Administrative Law Judge (ALJ).

In August of 2011, after a hearing, ALJ determined claimant was not disabled within the meaning of SSDI guidelines and denied her appeal. His first finding when he denied claimant’s appeal was his finding she had not engaged in gainful employment since onset of her disability. He then found her glaucoma was a severe impairment, but her other stated impairment were not severe in his opinion, based on evidence submitted during her hearing.
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With the upcoming war in Congress over whether to increase funding to the Social Security Disability Insurance (SSDI) program, the issue is getting a lot of press. Recently, according to a news article from MSNBC, Senator Rand Paul has gone on record claiming many SSDI beneficiaries are gaming the system and not really disabled.

Paul is quoted as suggesting many disabled Americans receiving SSDI income do not deserve the benefits they are getting. He said while there some in the program who deserve benefits; there are many who do not. Specifically, Paul said, “if you look like me, and you hop out of your truck, you shouldn’t be getting your disability check.”

Paul further asserted more than half of disability benefits recipients are getting money by claiming their back hurts or they are anxious.
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With all the troops forward deployed to places like Iraq and Afghanistan during the global war on terror, we are seeing more and more young men and women returning home from the battlefield with severe and permanent disabilities.

Some of these disabilities are physical in nature and involve loss of one or more limbs, traumatic brain injury (TBI) and other health issues caused by fighting in the Middle East. Many others were lucky enough to return without suffering physical injuries, but now suffer from debilitating mental conditions such as post-traumatic stress disorder (PTSD).

When these wounded warriors return home, many of them will be given a medical discharge while others will simply separate from their military service with no benefits at all.
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Much of the news coverage about the Social Security Disability Insurance (SSDI) program deals with the upcoming budget shortage, which may reduce benefits by 20 percent by 2016 should congress fail to act. However, a recent news article from Huffington Posts looks at how the system works for claimants and what you need to do to qualify for benefits.

Social Security Disability Insurance is a federal benefits program administered by Social Security Administration (SSA). SSA also manages the Social Security retirement programs, but those funds come from a different budget than SSDI benefits.

SSDI was created to provide those who disabled, and thus unable to engage in gainful employment, with a source of benefits on which they can live. A disability can be defined as physical or mental in nature or a combination of both. The disability must be expected to last more than 12 months or likely to result in death of claimant. While this may seem straightforward, the application process is anything but straightforward. For this reason, the author recommends you contact an experienced Social Security disability benefits attorney before applying for benefits, as this will greatly increase your chance of obtaining an appropriate award of benefits from SSA.
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In Minnick v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, claimant saw his doctor in January of 2009 with complaints of lower back pain radiating down both legs. His doctor opined the pain was muscular in nature. He also found a secondary cause to be deconditioning and obesity. Doctor suggested claimant may have fibromyalgia.

When his condition did not improve after some time, doctor ordered an MRI of claimant’s lumbar spine. MRI scan revealed lumbar spondylosis, a bulging disc, and hypertrophic degenerative spur formation. Doctor made a diagnosis of lumbar spondylosis and recommend claimant walk to lose weight and also prescribed Vicodin to help with pain.
In December of 2009, claimant had another series of X-rays and MRIs which showed disc space narrowing and mild spinal stenosis. There was also evidence of disc protrusion and moderate mass effect on two nerve roots.
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