Massachusetts Social Security Disability Lawyers Blog

January 15, 2018

Importance of Medical Evidence in Boston SSDI Cases

The Need for Strong Medical Evidence in Boston Social Security Disability Insurance Cases

Medical evidence often plays a crucial role in disability cases. Most Boston Social Security Disability Insurance (SSDI) applicants will not be successful when they initially apply for benefits. This has less to do with whether claimants are disabled and more to do with how the U.S. Social Security Administration (SSA) runs the program due to political reasons and budgetary constraints.

Following the initial application is summarily rejected as is the next step in the process, which involves a written request for reconsideration, the claimant will have to do have hearing before an administrative law judge (ALJ). It is in this hearing when a claimant must prove they are actually disabled within the meaning of the SSA regulations, and this is where the use of medical evidence by the claimant is of utmost importance.

The Weight of Medical Evidence During Boston SSDI ALJ Hearings

In Wellington v. Berryhill, a case from the U.S. Court of Appeals for the Ninth Circuit, claimant applied for SSDI benefits as well as Supplemental Security Income (SSI) benefits. SSI benefits are a different type disability benefits under a program also administered by SSA. In some cases, there is little chance of obtaining SSI benefits, but claimants who are often unrepresented when they first file the application will check every box in hopes of obtaining some much needed benefits. In other cases, such as this one, they are relevant to the matter at hand. Continue reading

January 5, 2018

Boston SSDI and SSI Applications and Appeals Process

by Jeffrey S. Glassman

Proving you are disabled is not always as easy at is should be. even when your treating physician agrees you cannot work due to your disability. The reason it’s often such a challenges is it is not your doctor, but an administrative law judge (ALJ) has the power to decide. The ALJ can overrule the opinion of treating physician based upon other evidence. While they are able to do this, they are technically only able to do this when the evidence on record fully supports the decision. In some cases, an ALJ may fail to establish there was sufficient evidence detailed in the record of benefits to justify denial. In these cases, an appeal is often necessary. The first appeal can be made the SSA Appeals Commission. However, that appeal is discretionary, so commissioners can decide not to hear it.

If this happens or a commissioner hears claimant’s appeal and affirms the denial of benefits, the claimant can either submit a new application (starting the process all over again) or appeal to the U.S District Court. In cases that originate in Massachusetts, the proper court is the U.S. District Court for the District of Massachusetts, which is located on Boston’s waterfront. This will be a hearing before a federal magistrate. If that does not go in the claimant’s favor, the next appeal would but the U.S Court of Appeals for the First Circuit. Continue reading

December 28, 2017

Tax Cut and Jobs Act Threatens Disability Benefits in Boston

by Jeffrey S. Glassman

The Republican Party made it a major priority to pass the “Tax Cut and Jobs Act” before the end of 2017 to show a legislative win for the GOP and President Donald John Trump. For better or worse, they have accomplished this goal, but it looks like one of the consequences to this bill, aside from ending Obamacare as Mr. Trump acknowledged, is it will also likely result in large cuts to other public benefits such as Social Security disability benefits including Social Security Disability Insurance (SSDI) benefits, and Supplemental Security Income (SSI) benefits, as well as major cuts to Medicaid.

While many many do not realize this, Medicaid, is a major benefit to those on Social Security Disability Insurance benefits, because under the complex web of federal regulations such as Section 1902 of 42 USC 1396a, states are allowed to give Medicaid benefits to anyone who was qualified for SSDI as long as they have been receiving the benefits for more than one year. Most states have decided they do not even want to handle Medicaid on their own, so they have delegated the Medicaid signup process to the U.S. Social Security Administration (SSA), which is the federal agency that runs the SSI and SSDI programs, as well as the Old Age and Retirement benefits program with which most Americans are more familiar. This is the program that provides money for any working American when they reach the age of federal retirement. This age goes up from time to time as a way to save money, but eventually you will age into the system if you live long enough. It is also possible to get these benefits earlier if you give up some of the total benefits. Continue reading

December 22, 2017

The Need for a New SSA Commissioner

by Jeffrey S. Glassman

The Social Security Administration (SSA) has been without an appointed commissioner for around two years. The previous commissioner stepped down at a time when there were many issues being reported about the federal agency, the operations at some of its locations around the nation, and the problems pertaining to the agency’s administrative law judges (ALJs).

SSA is the federal agency that administers the Social Security Disability Insurance (SSDI) benefits program, as well the Supplemental Security Income (SSI) program. The agency also administers the Old Age and Retirement benefits program.

December 14, 2017

Subject Matter Jurisdiction in Boston SSDI Cases

by Jeffrey S. Glassman

For a court to hear any case, it must have what is known as subject matter jurisdiction. This is the authority of the court to hear cases of a particular type or cases relating to certain subject matter.

This is as true in a Social Security Disability Insurance (SSDI) case as it is in an auto accident lawsuit. In an SSDI case, the process begins by filling an application at the U.S. Social Security Administration (SSA). This application will probably get denied so this will require filing a request for reconsideration with SSA. Following a denial of a request for reconsideration, claimants must request a hearing with an administrative law judge (ALJ) at the SSA Office of Disability Adjudication and Review. If claimant is not successful at this point, he or she can appeal to the SSA Appeals Council. This is a discretionary review, meaning the council can deny to hear the appeal from an ALJ.

In most cases, however, SSA will agree to hear the appeal of a denial from an ALJ since it can save them money in the long run. Many people will drop off along the way in what has unfortunately become a long and difficult process to get SSDI or Supplemental Security Income (SSI) benefits, so the more steps that are put in place, the more denials there will be and this means that an unrepresented claimant may see things as even more of an uphill battle. When a claimant decides not to continue with the process. They can always file another application process all over again, and sometimes this is the only option, but that also starts the clock over again. Currently, it is taking those who apply for Social Security Disability Insurance benefits in Boston two years or more to get benefits if they are eventually successful. Continue reading

December 8, 2017

VA Disability Rating Does Not Confer Automatic SSDI Approval

by Jeffrey S. Glassman

A Disability Rating from the VA Does Not Guarantee Social Security Disability Benefits

There is little question that going to war as U.S. service member can have lifelong consequences for those who return home. One major health condition that affects our veterans is known as post-traumatic stress disorder or “PTSD.”

This is certainly not a new issue. During WWI and WWII, they used the term “shell shock,” derived from the perception that returning soldiers were “shaken up,” sometimes permanently, from having shells and other types of explosive ordinance blowing up all around them and watching friends suffer serious traumatic injury or death.

However, even though we have known about this issue for many decades, we have made little progress when it comes to ensuring these brave soldiers are adequately compensated when they return with these profound psychological traumas and are unable to re-enter the workforce.

November 27, 2017

Lengthy SSDI Wait Times Harms Rightful Beneficiaries

by Jeffrey S. Glassman

Despite what the U.S. Social Security Administration (SSA) would have you believe there is nothing easy or quick about the Social Security Disability Insurance (SSDI) application process. The wait in many areas, including Boston is approaching two years and it seems this problem is getting worse rather than better.

A recent news article from the Orange County Register is asking whether SSA is using this delay the to cheat disabled Americans out of well-deserved and much needed Social Security Disability Insurance benefits. Continue reading

November 23, 2017

SSDI Applicants Now Waiting Nearly Two Years

by Jeffrey S. Glassman

When an unrepresented claimant applies for Social Security Disability Insurance (SSDI) benefits, they often have no idea how long the process will take and how difficult it will be to qualify for disability benefits. They have no idea because the average person does not know that even with a legitimate disability that prevents them from working and a letter from a doctor supporting such a position, their application will get rejected at least twice over the course of year and then they will have to get on a wait list for a hearing before an administrative laws judge. That could take another year or two to get.

According to a recent news article from the Washington Post, one claimant has been waiting nearly two years for such a hearing, and this is completely expected since the U.S. Social Security Administration (SSA) is dealing with a massive backlog for cases that will need to have that hearing before an ALJ. Continue reading

November 15, 2017

Disability Claims Involving Mental Illness on Rise

by Jeffrey S. Glassman

If you have become disabled, and your disability was not related to an on the job accident, filing a claim for Social Social Disability Insurance (SSDI) is likely your best option. However, there is a good chance your application will be initially denied since the U.S. Social Security Administration (SSA) denied the majority of application of applications upon receipt, but this is only the beginning of a long and arduous process. You can apply for Social Security disability benefits based for a physical illness, mental illness, or a combination of both.

According to a recent news article from VPR News, the number of applications for SSDI benefits due to mental illness is increasing in New England. This is significant for several reasons. Continue reading

November 5, 2017

Proving Social Security Disability Cases in Boston

by Jeffrey S. Glassman

The majority of Social Security Disability Insurance (SSDI) claimants will be required to go to a hearing before an administrative law judge (ALJ) at the Social Security Administration (SSA) if they are eventually to be awarded benefits. These hearings can be very difficult, if not seemingly impossible for an unrepresented claimant, as there are rules of procedure and evidence that will come into play, and the claimant will need to have a good grasp on trial practice skills, which is not likely the case. Ultimately, proving a Social Security Disability Insurance claim is not easy.

There is no reason though that an SSDI claimant should not be represented by an experienced attorney. The system is also set up in such a way that there are no legal fees unless and until the claimant is successful and recovers disability benefits. If the claimant is successful, and obtains retroactive benefits, the legal fees will be paid by SSA as a percentage of the benefits award, but there will be no out of pocket costs to the claimant. If the claimant is not successful, there will be no fees owed to the SSDI attorney. Continue reading