Massachusetts Social Security Disability Lawyers Blog

July 23, 2014

SSDI Cases: On Duration and the Recent Work Test

Our Boston disability lawyers understand that your work history may have as much of an effect on your level of benefits as your disability.

A recent article in the Aiken Standard looks at what the author describes as a “draconian” definition of what it means to be disabled for the purposes of qualifying for Social Security Disability Insurance (SSDI) benefits.

SSDI benefits are only available to a disabled person whose condition makes it impossible to perform the tasks required of his or her occupation. While that seems reasonable, the definition goes on to state that the disabled individual’s condition must also prevent him or her from doing a different kind of work. The disability must also be expected to last more than a year. There is no temporary disability rating under the SSDI guidelines.

July 18, 2014

SSA to Educate the Public about What it Means to be Disabled

by Jeffrey S. Glassman

Our Boston disability lawyers know that the benefits appeals process can be a difficult and confusing process for claimants who do not have representation.

A recent article from the Wisconsin Rapids Tribune discusses ongoing efforts by the United States Social Security Administration (SSA) to educate the public about disability insurance. The SSA is the federal governmental agency responsible for the administration of the nation’s social security program.

A new SSA campaign defines what means to have a disability under federal regulations. These are vastly different from private insurance plans and workers’ compensation classifications. Under social security disability guidelines, there is no provision for temporary or partial disability. The claimant must have a disability that doctors expect to last longer than year or could result in loss of life. In addition to these requirements, the disability must prevent the claimant from doing any work.

July 16, 2014

Funding Road Construction on the Backs of the Disabled

by Jeffrey S. Glassman

The Highway Transportation fund is broke because gas taxes have not been raised since 1993 — and cars today are more fuel-efficient and use less gas. Rather than raise the gas tax, some lawmakers want to take money away from the disabled. The proposal is just one more way in which the Social Security Disability benefits program is under attack and the disabled are at risk.

Those who cannot work due to medical problems deserve to receive benefits to support themselves and their families. A Boston disability lawyer should be consulted to provide help for those applying for benefits or for individuals whose benefits claims are denied.
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July 14, 2014

Social Security Vision for the Future a Cause for Concern in Massachusetts

by Jeffrey S. Glassman

Social Security Disability benefits are difficult to get for applicants and as our Boston disability lawyersrecently wrote, there is serious budget shortfall that could result in a significant benefits reduction if Congress does not act. While most people are aware of these challenges, however, the Huffington Post has recently reported on “dramatic changes” that “threaten to end Social Security as we know it” that almost no one has heard of.

The Huffington Post was talking about Vision 2025, which is a long-range plan that the head of the Social Security Administration has drafted. The plan would make it much more difficult for people seeking help with Social Security issues to get the benefits they need.
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July 14, 2014

Young People with Disabilities Face Challenges Preparing for Work

by Jeffrey S. Glassman

Young people who are disabled before they reach the age of 18 face many challenges. Many people who are disabled as children do not get the education and job training they need to earn a comfortable living on their own. Because they do not earn work credits, they also may be ineligible for Social Security Disability Insurance (SSDI) and may be left to rely on benefits provided by Supplemental Security Income (SSI) only.

While SSI is an important safety net for low-income disabled individuals, it often provides much less money per month than SSDI. Children who are disabled should consult with a Boston disability lawyer or information on whether they can qualify for SSDI based on their parents work record. States also need to do a better job preparing disabled young people for jobs that they may be qualified to do even with their medical condition.
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July 10, 2014

Report: SSDI Offices Shutter as Baby Boomers Seek Greater Access

by Jeffrey S. Glassman

One of the reasons politicians have been fretting over the future of programs like Social Security Disability Insurance is that the large baby boomer generation is increasingly seeking access to them.

This was expected, though admittedly, it’s not something for which legislators and government agencies have been well-prepared. So now, rather than expanding access to the offices that provide these services, we are actually seeing a significant reduction.

SSDI lawyers in Massachusetts understand that this has translated in the closure and threatened closure of Social Security Administration offices nationwide. The agency is seeking a shift from in-person contact to electronic communication in order to save money.
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July 4, 2014

SSDI Shortfall Requires Swift Congressional Action

by Jeffrey S. Glassman

Extensive, long-term reform of the entire Social Security system is unlikely on the legislative horizon anytime soon.

However, our Boston Social Security Disability Insurance attorneys recognize that with regard to this specific program, lawmakers are being pressed to act quickly.

The trust fund from which SSDI benefits are derived – and which is entirely separate from retirement account benefits – may be insolvent as early as 2016, but potentially no later than the following year.
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July 1, 2014

Hill v. Colvin – Mental Disorders Can be Challenge to Prove

by Jeffrey S. Glassman

Securing a Social Security Disability Insurance judgment is not an simple or swift task in most cases.

Not withstanding reports of judges rubber-stamping disability awards, our Boston SSDI lawyers know the process tends to be lengthy, convoluted and draining for those involved. It’s also worth it in the end for those who need it.

Some of the more difficult cases we take on include those where a person claims disability on the basis of a mental disorder, as listed in the Social Security Bluebook listing in section 12.00. The fact that such listings exist at all is a testament to how far we’ve come as a society in our view of mental health, particularly the organic nature of many conditions such as schizophrenia, bipolar disorder, affective disorders and depression.
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June 28, 2014

Is Obesity a Disability? Determining SSDI Eligibility

by Jeffrey S. Glassman

Addiction and alcoholism, depression, and obesity are some diseases that can be more difficult when filing Social Security Disability Insurance (SSDI) claims. While obesity itself is not enough to qualify for SSDI benefits, individuals who suffer from obesity and related health consequences, including diabetes, may qualify. In recent European case, courts asked the same question–is obesity a disability? A Danish man was fired from his job because he was too overweight. He filed a discrimination case, which was heard before the European Court of Justice. In the end, the court ruled that obesity is an addiction, not a disability, which could have future implications. In the United States, courts are battling similar questions with regards to SSDI benefits.

For many individuals, obesity is a significant impairment to joining the workforce. It can make transportation, day-to-day functioning, and job performance nearly impossible. In addition to the physical ailments associated with obesity, many patients also suffer mental conditions. Individuals who suffer from obesity may be entitled to Social Security Disability benefits. Our Boston Social Security Disability Insurance (SSDI) attorneys are experienced with helping individuals file timely and effective claims. Our priority is to accommodate your immediate and future needs, develop an effective approach, and provide the SSA with sufficient documentation of your illness and disability. Though obesity claims can pose challenges, they are not impossible.
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June 24, 2014

SSA Approves $400 Billion in Previously Denied Claims

by Jeffrey S. Glassman

The application process for Social Security Disability can be long and frustrating. While the majority of applicants are denied on their first attempt, many will also go through months or even years of hearings and appeals just to get the benefits to which they are entitled. According to recent reports, the Social Security Administration (SSA), approved nearly $400 billion in benefits. Many critics allege that these federal judges “rubber-stamped” the claims without review. In a process that is riddled with delays and complications, many individuals who were previously denied finally found relief.

In a report that analyzed how administrative law judges approve disability claims, the House Committee on Oversight and Government Reform accused some of the judges of approving benefits too quickly. In these cases, the judges approved benefits claims more than 75% of the time. While some critics argue that the practice was wasteful, many of these individuals were in genuine need of disability funds. Our Boston SSDI attorneys are experienced in representing individuals suffering from disability or illness and in need of benefits. We are abreast of developments that impact the rights and interests of these applicants.
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