Massachusetts Social Security Disability Lawyers Blog

Lott, Jr. v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved claimant who was claiming disability due to insulin-dependent diabetes, high blood pressure, and a mental disorder. A clinical psychologist, Dr. Nichols, diagnosed claimant with psychotic disorder, not otherwise specified (NOS). However he did not administer an IQ test, which is typically done as part of a Social Security Disability Insurance (SSI) “mental retardation” diagnosis.

Claimant’s initial application was denied, and, eventually, he was granted an evidentiary hearing before an administrative law judge (ALJ) at the United States Social Security Administration (SSA). During the hearing, claimant testified that he was 36-years-old and had completed tenth grade in school. He took special education classes in science and math and could not read very well by the time he left school. He cannot understand news articles or even grocery lists. He also cannot count change for a dollar.
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When political arguments arise about the future of the Social Security Disability Insurance benefits system, it is far too easy to look at statistics and forget there are real people involved.

A Boston disability benefits lawyer knows the benefits program provided by the Social Security Administration serves as an important lifeline for many people who are sick or injured and who cannot work. However, others making decisions about cutting benefits or limiting access may not have had much experience with people who actually rely on SSDI benefits to support themselves and their families.

To help make it clear the SSDI benefits program does a lot of good for many people, the Social Security Administration has provided some personal stories on its website. These stories are found in the Faces and Facts of Disability, and they show how many people rely on SSD when they have a serious health problem.
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Disabled individuals applying for Social Security Disability benefits face myriad problems if their initial benefits claim is denied. Appealing becomes necessary, and it can take a year or so to even get a hearing. Once you finally get before an administrative law judge (ALJ), many claims are denied. Having a Boston disability lawyer represent you can give you the best chance of getting a claim approved. It remains a challenge to convince an ALJ to grant the benefits you need and deserve.

Unfortunately, many politicians and pundits have repeatedly been attacking the Social Security Disability benefits system and the judges within it. There are frequent assertions benefits are awarded too easily or too many people are on the receiving end. This may make it even harder for people to get their claims approved as judges become worried about outside scrutiny and take an even tougher stance on denying claims.
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In 2011 as part of a cost-saving measure, the Social Security Administration (SSA) discontinued mailing out annual benefits statements letting people know what they were entitled to receive from the SSA.

Instead of mailing out the hard copies of the statements, the SSA would instead email copies. However, this decision was met with criticism by both consumer advocates and some members of congress who worried workers would not see the updates.

In response to the criticism, the SSA resumed mailing paper statements in September, but only to certain people. Those who will receive paper copies of benefit information under the new mailing system include people who have not registered an account at My Social Security online, as well as people who are not receiving benefits and who are within three months of turning 25, 30, 35, 40, 45, 50, 55 and 60. After the age of 60, workers will get an annual mailed statement.
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Ponder v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved a claimant who alleged she had been disabled since January of 2005. Her claim for total disability was based upon depression, anxiety, swelling in her hands and feet, joint deterioration, obesity, chronic obstructive pulmonary disease (COPD), insomnia, tissue pain, fatigue, complications from brain surgery, and other medical conditions.

Claimant stated in her application she can only sit in a chair for less than 45 minutes due to knee pain and can only walk one city block before needing to stop and rest. She also stated that can perform light housework, including cooking, cleaning, and grocery shopping. She can also drive a vehicle and go to church and family visits. Her application for disability benefits was denied.
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Gieseke v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved a claimant who had a long history of low back pain that was aggravated by a workplace injury. The injury occurred in 2006. After completing physical therapy, claimant returned to work with certain activity restrictions. He left work in 2008 and had not worked since that time, when he applied for Social Security Disability Insurance (SSDI) with the United States Social Security Administration (SSA).

Claimant listed lower back pain, dizziness and problems with one leg as conditions that prevented him from working. During a hearing before an administrative law judge (ALJ), a vocational expert (VE) testified claimant had substantial impairments, including a degenerative disc disease in his spine, obesity, and a history of substance abuse. He also testified that claimant could occasionally lift up to 20 pounds, frequently lift up to 10 pounds, and could sit or stand for up to six hours per day.
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Despite the impending budgetary problems facing the Social Security Administration’s Social Security Disability Insurance (SSDI), current claimants are in need of an increase in disability benefits, due to a general rise in consumer prices.

As discussed in a recent news article by The Wall Street Journal, the level of benefits is supposed to be based upon the Consumer Price Index. The program allows for cost-of-living adjustments when indicated, based upon inflation and increases in consumer prices.

The latest increase will be a modest increase of 1.7 percent will go into effect for SSDI recipients starting Dec. 31, 2014. The previous increase was 1.5 percent, and there was an increase of 1.7 percent in 2013.
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The Social Security Disability Insurance (SSDI) program run by the Social Security Administration (SSA) will be out of money for benefits in 2016 unless Congress finds a way to fund the program. There is no shortage of articles discussing how the program is about to go over a budgetary cliff, leaving SSDI claimants without benefits.

Amid the negative coverage, a recent article from the Brookings Institute, a policy think-tank, takes a look at what Congress can do to fix the problem before we reach the edge. The author first notes that the social security tax that everyone pays is split into two separate groups. The majority of the money goes to fund federal pensions for retired workers and surviving spouses. The remaining portion goes to fund the SSDI program.

If nothing is done to fix the problem, every SSDI beneficiary will face a 20 percent cut in benefits in 2016. This coincides with the next presidential election, and it has been suggested that this may have something to do with whether legislatures are willing to fund the program.
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