Massachusetts Social Security Disability Lawyers Blog

October 4, 2014

Browning v. Colvin: A Harsh Look at One Denial of Benefits

Browning v. Colvin, an appeal heard before the United States Court of Appeals for the Seventh Circuit, involved a woman who had applied for Supplemental Security Income (SSI) benefits. The United States Social Security Administration (SSA) oversees the SSI program. As our SSI attorneys in Boston can explain, SSI benefits are available to low-income individuals who are elderly, blind, or permanently disabled regardless of work history.

Claimant’s application for SSI benefits was denied by the administrative law judge (ALJ) employed by the SSA. Claimant appealed the denial.

In Browning, claimant was 25 years of age and filed for SSI benefits due to the fact that she was intellectually disabled and suffered from knee and hip problems. Her joint disease was a result of a childhood illness known as Legg-Calve-Perthes Disease.
Continue reading

September 30, 2014

Welsh v. Colvin: On the SSDI Claim Process

by Jeffrey S. Glassman

Welsh v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involves a claimant who applied for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits from the United States Social Security Administration (SSA). The SSA denied his applications for benefits.

After the SSA denied his initial application, he appealed that decision. As an experienced SSDI attorney in Massachusetts can explain, the SSA routinely denies far more than half of all new applications almost as a matter of course. Once receiving an initial denial, claimants can appeal the decision to the SSA in writing.

Once the SSA agent gets a written appeal, the denial is reviewed on a peer review system. This means that a coworker of the employee who made the initial denial will review the application and decide if a mistake was made. It is almost always the case that the coworker handling the first appeal will defer to his or her coworker who denied the application and affirm the earlier determination.
Continue reading

September 26, 2014

Whitman v. Colvin: SSDI Benefits and a Total Disability Rating

by Jeffrey S. Glassman

In Whitman v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, claimant filed an application for Social Security Disability Insurance (SSDI) benefits under Title II of the United States Social Security Act. Our SSDI lawyers in Boston understand that obtaining a rating of total disability may require extensive litigation on behalf of a claimant.

Claimant asserted that he became disabled in 2007 as result of a degenerative disease affecting his spinal column and a degenerative disease in the joint of one of his thumbs. Claimant initially reported his condition while in prison. On a prison health evaluation form, he stated that he had lower back pain as a result of falling multiple times, and he was currently taking acetaminophen, which was not helping much to control the pain.

The medical staff listed claimant as having chronic back pain and prescribed ibuprofen to help with the plain, but otherwise indicated that he was a healthy adult male with no work restrictions. When he was released from prison, the exit medical evaluation did not mention back pain, but he was given a prescription for extra strength ibuprofen.

Two years later, when claimant applied for SSDI benefits, he was ordered to undergo a medical evaluation in which x-rays of his back were taken. The evaluating physician noted that he had a severe degenerative disc disease but did not find any presence of misalignment in his spine.

When answering questions for the patient history report, claimant noted that he had unbearable back pain and could not sleep at night. Claimant again blamed his falls during work as the cause of this back pain. The doctor wrote an opinion that stated that claimant had generalized osteoarthritis in his back, right wrist, and thumb. The doctor was of the opinion that claimant was disabled and could not work in his present condition.
Continue reading

September 22, 2014

Hendron v. Colvin: SSDI Cases and the Standard of Review by Appellate Courts

by Jeffrey S. Glassman

Hendron v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, involved a claimant who had applied three times for Social Security Disability Insurance (SSDI) benefits from the United States Social Security Administration (SSA).

Claimant filed her first application in 1999, and it was denied based upon a lack of sufficient evidence that she was disabled. The legal term for this type of denial is an “on the merits” denial. Her second application was filed in 2001, and it was denied on grounds of res judicata. An experienced Boston SSDI lawyer can explain that res judicata means that a court has already made a decision on the same issue on the merits and will not review it again.

Res judicata is often called the “one bite at the apple rule,” in that a claimant only gets one chance to make a claim related to a particular set of facts, and if he or she is not successful, the claimant is precluded from bring the same or a substantially similar claim again. The theory behind this rule is that it supports judicial economy.

Claimant filed her claim again in 2009, claiming that the disability began in 1995. The SSA again denied her application based upon res judicata, and she requested a hearing before an administrative law judge (ALJ).
Continue reading

September 18, 2014

Garrison v. Colvin – ALJ Rejection of SSDI Claim Must be Rooted in Facts

by Jeffrey S. Glassman

Administrative law judges overseeing Social Security Disability Insurance benefits claims do have a fair amount of discretion in determination of cases. They can decide whether certain expert witnesses deserve more credence than others, if some evidence should be discounted and whether they find the claimant to be believable.

However, our Boston Social Security Disability Insurance attorneys recognize that despite the sometimes subjective nature of these proceedings, there is an important check on these powers in the form of the appellate courts. If the ALJ does not provide adequate reasoning for the conclusion reached, the appellate courts have the option to reverse.

In the recent case of Garrison v. Colvin, the U.S. Court of Appeals for the Ninth Circuit found the ALJ’s rejection of an SSDI claim failed to meet the standard of offering specific, clear and convincing reasoning. Further, the appellate court found evidence in the case afforded “no doubt” as to the fact the claimant was disabled. Therefore, the court not only remanded, but did so with instructions to reach a finding of disability and determine an award amount.
Continue reading

September 14, 2014

Scrogham v. Colvin – Multiple Ailments in SSDI Case

by Jeffrey S. Glassman

Unless an applicant seeking Social Security disability insurance benefits has a listed condition with severity that is recognized by the administration, he or she can expect to fight in order to secure benefits. This does not mean one is ineligible. It just means the determination is sometimes subjective, and the help of an experienced SSDI attorney in Boston can make all the difference.

What we know for sure is that in some cases, a person may suffer from a multitude of ailments that, individually, would not meet the high bar of proof necessary to show benefits should be awarded. However, when those conditions are taken in concert, they result in the person being disabled. Effective communication in these situations is key.
Continue reading

September 12, 2014

New Study Alleges Heavy Pot Use Leads to Disability Later in Life

by Jeffrey S. Glassman

In a story from Fox News, a new study may be able predict disabilities later in life for teens who frequently smoke marijuana. The Swedish study examined males who smoked marijuana when they were 18-years-old. The results indicated that those who heavily smoked marijuana at age 18 were more likely to end up as recipients of government disability by age 59.

The article goes on to note that the study used answers to questions about how often draftees used marijuana when entering military service. In Sweden, every male is required to join the military at age 18 if physically able to serve, so 98 percent of all 18-year-old males were asked these questions. The study took people from the military questionnaires who were drafted between 1969 and 1970, and then looked at the nation’s disability insurance records to see how many of these individuals where disabled in later in life.

The article notes that there is no way to prove whether marijuana use caused the disability or if people who smoked large amounts of marijuana in their teens were already predisposed to becoming disabled later in life. The study also did not account for other social and psychological issues with the heavy pot users.

The reason the government is interested is, with marijuana use growing exponentially in recent years due to a belief that there is not a lot of risk associated with the drug, a correlation that leads to more people receiving disability benefits would be very costly to the system.

As your Boston disability insurance lawyer understands, the U.S. Social Security Administration (SSA) makes it very difficult for claimants to prove that they are disabled without the assistance of an attorney who regularly handles these cases.
Continue reading

September 8, 2014

Goins v. Colvin: One Appellate Judge’s Look at How Things Work at the SSA

by Jeffrey S. Glassman

Our Massachusetts Social Security Disability Insurance (SSDI) lawyers understand the importance of keeping up with recent appellate decisions in this area of law. More than a few of the blog entries we have written involve decisions from the U.S. Court of Appeals for the Seventh Circuit. Those decisions have often taken the side of the claimant who applied for benefits and were often very critical of the Administrative Law Judges (ALJs) who denied the SSDI claims at issue.

On this appellate court sits Judge Richard Posner, who appears to be leading the charge against the denial of disability claims. A new article from the American Bar Association examines whether this is becoming a trend.

The article looks at one decision, Goins v. Colvin, to illustrate their theory. This opinion was filed two weeks after oral arguments, which is an incredibly quick turnaround for a court of appeals to release an opinion.

September 4, 2014

Moon v. Calvin: Five-Step Analysis in Determining a Disability

by Jeffrey S. Glassman

Moon v. Calvin, a case from the U.S. District Court for the Seventh Circuit, involved a claimant who was 26-years-old at the time she filed for Social Security Disability Insurance (SSDI) benefits. She is a mother who has worked in the past as a cashier, bank employee, and as a nursing assistant.

As your Boston disability lawyer understands, being disabled can mean different things to different people. This claimant had a long history of health problems, including joint problems, back pain, sleep apnea, and migraines, and she also suffers from depression. According to doctors, most of her health conditions are a result of the fact that she is 5’5″ tall and weighs over 400 pounds.

When claimant was diagnosed with migraines, she was prescribed two drugs but chose not to take them due to worries of side effects. She was eventually prescribed two new drugs, which were being taken at the time of her hearing before an administrative law judge (ALJ). The ALJ is employed by the Social Security Administration (SSA), which, among its other responsibilities, oversees the SSDI program.
Continue reading

September 3, 2014

Glenn v. Comm’r of Soc. Sec.: The SSDI Benefits Claim Appeals Process

by Jeffrey S. Glassman

In Glenn v. Comm’r of Soc. Sec, an appeal from the U.S. Court of Appeals for the Sixth Circuit, the claimant was severely injured in a 2007 car accident. She now suffers from a degenerative disk in her spine, a traumatic brain injury (TBI), dizziness, memory loss, and tendonitis. She also has major depression, slow thought process, hallucinations, and a variety of other psychological conditions, including homicidal idealizations. She also has a chorionic skin condition that causes cysts in her groin area that often makes it difficult for her to walk.

She applied for Social Security Disability Insurance (SSDI) benefits and, after three years of having her claims rejected, she had a hearing before an administrative law judge (ALJ), who also denied her disability claim. She was not represented by an attorney at the hearing before the ALJ.

As your Boston SSDI attorney can explain, for most claimants, the initial application for disability benefits is almost always rejected by the Social Security Administration (SSA). After the first denial, you are allowed to submit an appeal. This appeal goes to a peer review committee that is usually just a single co-worker of the SSA employee who denied your initial claim. This peer review will most likely result in a rejection of benefits as well. At this point, you can request a hearing before an ALJ, though there may be a significant wait time. In Glenn, the claimant had to wait three years.
Continue reading