Our Boston Social Security Disability Insurance attorneys fight tirelessly to secure benefits for those suffering from renal failure.
It was nice to recently read some news that others are on board to help these folks as well, albeit in a different way.
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Few are more staunchly against Social Security Disability Insurance fraud than those who need it the most.
Our Boston SSDI lawyers know the kind of fight it takes to secure benefits for those who are legitimately sick and disabled – and it’s by no means an easy one.
Unfortunately, scandals like the one recently out of Puerto Rico not only make it seem as if it is easy, they prompt calls for reform to the entire system that could make it even more difficult for those who already face an uphill struggle.
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While our Boston Social Security Disability Insurance attorneys recognize that securing federal benefits for someone who suffers from alcohol or drug addiction is possible, it tends to be somewhat of an uphill battle.
However, there are a number of conditions brought about by chronic substance abuse and addiction that might more readily result in approval of benefits. These include long and short-term memory functions, heart conditions and perhaps injuries caused by crashes or accidents that happened due to the patient’s intoxication.
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Serious workplace injuries are among the top reasons why people in Massachusetts seek Social Security Disability Insurance benefits.
A recent Social Security Administration report found that injuries were the sixth-leading cause of SSDI claims, and even those claims that don’t involve injuries are often job-related.
Now, our Boston SSDI claims attorneys understand that Allsup has conducted research to help determine what are the most dangerous states for workers and what jobs in particular are responsible for the most disability-causing injuries. The research is based on figures from the U.S. Department of Labor’s Bureau of Labor Statistics.
The findings reveal that there is a wide variation of workplace injury rates from state-to-state, even within the same industry.
As it turns out, Massachusetts is among the top five safest states in the country, tying at No. 3 with Alaska, Delaware, West Virginia and Wyoming, with a rate of 0.4 worker injuries or illnesses per 100 workers.
By contrast, Maine, deemed the most dangerous state in the nation, had a worker injury/illness rate of 1.4 per 100 workers.
There are no simple answers for the disparity, according to reporters are TIME, who indicate there is a convergence of relevant factors. For example, places like New York and D.C., which ranked safer on the list, tended to have more white collar, office-type jobs. Meanwhile, states like Maine and Louisiana, which both ranked high on the danger-meter, had large industries centered around historically treacherous industries like commercial fishing and oil services.
In looking at state-to-state variances within the same industry, there were some interesting results. For example, vehicle manufacturing in Tennessee resulted in a serious worker injury rate of 1.1 to 100 workers. Meanwhile in North Carolina, the serious worker injury rate for vehicle manufacturing was 3.5 to 100. For nurses in Maine, the serious injury/illness rate is 7.1 per 100, while the national average is 1.5 to 100.
This information is important because while a great deal of attention is paid to workplace fatalities, workplace injuries tend to go unnoticed. It’s estimated there are some 1 million U.S. workers annually who experience an injury that causes them to lose at least one day of work annually.
Learning how these injuries happen, how they are reported and how states and industries respond is important if we have any serious hope of driving down the increase in SSDI rolls.
While the national list of dangerous jobs ranges from amusement park worker (No. 1) to poultry and egg production (No. 10), the dangerous industry list for Massachusetts varies slightly.
According to a recent report by the Massachusetts Coalition for Occupational Safety and Health, the top five most dangerous jobs here are:
In this second of our two-part series on the common sources of shoulder pain and how they might impact your federal disability benefits claim, our Boston SSDI lawyers are looking at:
This information offers a general idea of how claims involving these conditions may play out, but keep in mind that each case is fundamentally different. A decision about whether to file should only be made after careful consideration and review by an experienced disability attorney in New England.
That said, let’s start with rotator cuff damage. This is when the group of muscles and tendons that connect the arm to the shoulder are inflammed, bruised or strained. Usually, this is caused by performing some type of overhead activity or reaching behind your back. It’s a wear-and-tear type of injury, with about half of all 50-year-olds showing some kind of damage to their rotator cuff. Those who worked in construction, carpentry or athletics often have higher rates of injury.
Typically, the effects are minor and can be relieved with over-the-counter pain relievers, rest and sometimes physical therapy. Severe rotator cuff injuries may cause persistent pain and weakness in the shoulder.
There is no SSDI listing for rotator cuff injuries. Generally speaking, someone who is suffering from a rotator cuff injury probably won’t qualify for benefits, unless it is accompanied by some other condition that compounds it. SSDI Listing 1.02, which describes major dysfunction of a joint,
could apply if you can prove a total inability to perform fine and gross movements effectively.
The next kind of potential qualifying shoulder injury is bursitis. This is an inflammation of the bursa, or sacs of fluid that help to cushion the muscles, tendons and bones in a joint. These sacs serve to absorb shock and friction during movement. It’s usually recognized with a dull ache that worsens with certain types of movement, but infection – usually stemming from surgery – can amplify the pain. It’s one of the most common causes of shoulder pain, and if untreated, could cause a tear in the rotator cuff.
There is no specific listing for bursitis. However, if the condition is severe enough, you might be able to qualify for benefits under SSDI Listing 1.02. You would have to show joint dislocation or ankylosis and a significant limitation of movements in your arms.
Another common source of shoulder pain is a dislocated shoulder. Usually, this is caused from some type of trauma, such as a severe car accident or a fall. It’s also common for athletes. It’s usually fairly simple for doctors to move the arm back into the shoulder socket. While a person might be out of commission for a few weeks, with his or her arm in a sling, it probably won’t render you disabled long-term. The exception might be if you continue to suffer repeated dislocations, which tends to be more common with younger patients than with older patients.
Finally, the last most common source of shoulder pain is frozen shoulder. The clinical term is adhesive capsulitis. It is diagnosed when the connective tissue that lines the shoulder joint thickens and becomes inflamed. There are three stages of the condition, each with varying levels of pain, stiffness and movement ability. It tends to be more common in women older than 50 and those who suffer from thyroid diseases or diabetes, but the exact cause is unknown.
Doctors say that usually, it takes anywhere from 12 to 18 months to work through all the stages of the condition. SSDI requires that your condition last at least one year in order to qualify.
Sometimes physical therapy helps with frozen shoulder, but it is possible you may be rendered unable to work during that entire time. Consulting with an SSDI attorney early on following your diagnosis will help you determine what steps you need to take while the condition is ongoing.
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Boston Red Sox Receiver Andrew Bailey has been ousted for the rest of the season, following a significant shoulder injury he suffered while pitching at a game in Oakland last month.
According to the Boston Globe, doctors have diagnosed him with a labrum tear, a tear in his capsule and a strained tendon.
Sports figures, from football players to professional boxers, are notorious for suffering injuries to their shoulders that render them unable to do their jobs. Unfortunately, our Boston Social Security Disability Insurance lawyers know they aren’t the only ones.
Shoulder injuries can range from mild to debilitating. However, whether such an injury will render you unable to work per the strict definitions outlined by the Social Security Administration is another matter altogether.
Because of the commonality of shoulder injuries, we are dedicating two entries to the kinds of shoulder injuries that occur the most frequently and which have the highest likelihood to qualify you for disability benefits.
Bear in mind that each case is going to be different. That means that while the extent of a shoulder injury may seem mild on the surface, factors such as one’s advanced age and limited work history and education could result in one being approved for benefits when he or she might not otherwise have been.
The AARP recently reported on the top five causes of shoulder pain. Some conditions may have one primary source of origin, while others may be the result of a combination of factors. The chances for disability approval for each will vary.
The first condition is Osteoarthritis. This is one of the most common forms of arthritis, and it’s typically diagnosed once the cartilage that protects the joints begins to wear down. In turn, this results in a chronic pain that many sufferers say worsens at night.
Those who have this condition describe joints that literally creak and click due to the loss of cushioning. Joints are weakened, stiff and sometimes appear swollen. Osteoarthritis is typically caused by wear-and-tear on the joints, and is often seen in individuals over the age of 50, who may be genetically predisposed to it. However, there have been instances in which a traumatic injury resulting in damage to the cartilage can cause this condition.
There is no cure for osteoarthritis, though in some instances, a combination of supplements may help to ease the symptoms. Pain relievers, physical therapy and modification of everyday movements to reduce joint stress are recommended before one considers surgery.
As far as disability benefits go, you might qualify for benefits under one of a series of back and joint problem SSDI listings. In rare cases, you may even qualify under a spinal disorder, if the condition has affected that region of your body too.
Generally speaking, disability examiners are going to be looking at whether your condition affects your overall ability to take part in the kinds of physical activity required for most occupations. These might include walking, sitting or standing for various periods of time. It could also mean examining your ability to lift, pull, push or grasp items, as well as your ability to occasionally stoop or bend.
Check back for Part II of this series to learn more about the primary causes of shoulder pain and how it correlates to your chances to receive federal disability benefits.
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If you live in a particularly economically depressed area, you could have a tougher time securing Social Security Disability Insurance benefits.
Our Boston SSDI lawyers know that this seems incredibly unfair, as your need for benefits is likely compounded by the fact that even if you were able to work, you can’t find it.
But per a recent Social Security Administration bulletin, this is precisely why it will be tougher. The agency indicates that when the economic climate is less than ideal, there will be those who are only “marginally qualified” seeking benefits, in addition to those who have an even greater need.
While the decision of whether to award you benefits will be based heavily on your actual needs, the administration identified three outside factors that could affect your decision:
As we are still recovering from an economic recession, there are many sectors of the labor market that are still struggling. With a higher level of scrutiny being applied to all cases in recent years, one of the best ways you can improve your chances for success is to hire a skilled SSDI claims attorney to effectively present your case.
The SSA reports that when adverse labor market conditions exist, not only will marginally-qualified applicants be more likely to file claims, but those who are more significantly disabled will apply sooner than they might have otherwise.
Additionally, the longer time goes on, the more income people lose and the greater the chances that a person might qualify for Supplemental Security Income, available to those under the age of 65 who are below the poverty line, yet don’t meet disability requirements. Many times under these conditions, applicants end up eligible to receive both.
Generally, the higher the unemployment rate in a given region, the lesser your chance of being approved in the initial stages of your application. Chances of approval in any case are already slim – about 3 out of 10.
But this is all the more reason why you can’t simply give up. You must understand that the SSA, as much as it is responsive to the needs of those who are disabled, it must also be accountable to taxpayers who demand restraint.
There are many reasons why the Social Security Disability Insurance program has grown in recent years, and very little of that has anything to do with abuse or exploitation of the system. However, that’s what is often hyped in the media, and the SSA is sensitive to that.
There is some positive news, however, as SSA researchers noted that between 1993 and 2008, Massachusetts had a higher-than-average allowance rate for SSDI benefits, as compared to other states.
Among those applicants most likely to receive a favorable result:
No matter what your situation, call us today to learn more about how we can help.
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The widower of a Wyoming woman who lived just 11 weeks after being given a cancer diagnosis is fighting to fulfill a promise he made to his wife before she died.
He is throwing his full support behind the recently-introduced S. 1311: Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013.
This measure would expedite the waiting period for federal disability benefits for those suffering from a terminal illness.
Our Boston Social Security Disability Insurance lawyers know that there is a Compassionate Allowance list that allows for fast-tracked benefits. However, for those who may suffer a terminal condition not expressly on the list, Social Security anti-fraud rules hold that claimants have to wait at least five months.
In the Wyoming widower’s case, his wife would have been entitled to a monthly benefit of $754 for the last three months of her life, as her condition had rendered her unable to work. However, she died before that five month waiting period was over. In the end, her widower received a lump sum death payment of just $255.
As she laid on her death bed, she asked her husband if he might work to change the law so that those with a diagnosis of terminal illness could side-step that five-month rule and receive faster benefits.
To be sure, the payments aren’t substantial. But they can help to somewhat ease a family’s transition in the wake of such a devastating emotional and financial blow.
Her widower calls his efforts “The Good Fight.” He aptly points out that those who would be collecting SSDI have been paying into it their entire adult lives. People don’t expect or plan for a terminal illness. They often need all the money they can get.
He has written and called numerous state legislators seeking some kind of remedy for this issue. He even started an online petition. He contacted labor unions, American Indian tribes and others, hoping to apply ample pressure on Congressional leaders.
Recently, the Michigan Legislature passed a resolution encouraging Congress to change the rule.
The Wyoming Legislature had been considering a similar resolution this session, but it was not voted on prior to the session being adjourned.
Then, on July 17, a bi-partisan bill was by two Republican Senators from Wyoming and a Democratic Senator from Ohio. The Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 calls for a phased-in payment of Social Security Disability Insurance for those who are still in the waiting period after being diagnosed with a terminal illness.
The measure would allow for 50 percent of estimated benefits to be awarded during the first month after diagnosis and 75 percent the second month and each month thereafter until the five-month waiting period is up.
Sponsors of the bill say it doesn’t undermine the whole underlying goal of the waiting period, which is reduction of fraud. Rather, it ensures those who deserve and need it most will be compensated in a timely fashion.
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Want to avoid being killed as a result of a serious injury?
Live in a large city.
That’s the advice offered up by researchers whose work was published late last month by the American College of Emergency Physicians.
Our Boston Social Security Disability Insurance attorneys want to make it clear that no matter where you are injured – on the job, at home, in the city or on a farm – you may be eligible for federal disability benefits. Unlike workers’ compensation, your benefits won’t be impacted by whether your illness or injury was a direct result of your time on the job. Rather, what matters is whether your condition has rendered you unable to work for a year or more.
We recognize that avoiding illness or injury in the first place is the preferable option, but we also know that, according to the Social Security Administration, 20 percent of all working Americans will suffer a disability at some point during their lives. For some, it’s temporary. For others, it’s permanent.
For all, these researchers found, the risk is higher the farther you live from the city.
The scientists examined some 1.3 million deaths from injury in more than 3,000 counties across the country, stretching from 1999 through 2006.
Counties were classified on a 10-point scale, based on whether they were considered more urban or rural or something in-between.
What they found was that the more rural the area, the higher the risk of injury. The differences were drastic. In the most rural areas, the risk of death by injury was about 74 for every 100,000 people. Compare this to the most urban areas, where the risk of death by injury was about 50 for every 100,000 people.
The most common causes of death by injury were:
The risk of both became more marked the more rural the setting.
Car accidents were almost three times as likely to occur in rural areas as in cities, the report indicate.
Of course, this is not to say that urban life is without its risks or that those who live in large cities don’t suffer crippling or even fatal injuries.
The exceptions to the rule of higher rural risk were fall-related injuries, poisoning and homicide – all of which were found in greater abundance in areas where people live closer together.
The criteria for obtaining SSDI in Massachusetts is less about how you were hurt and more about the effect of that injury.
There are one of several ways you can qualify. One is to look at the Social Security Administration’s “Blue Book” listings of impairment to determine whether your condition is listed there.
For example, let’s say you suffered a broken arm (humerus, radius or ulna) in a car accident. If that fracture required surgery to restore functional use to that extremity and it failed to do so or function is not expected to be restored within 12 months, you would be eligible for benefits under SSDI Listing 1.07.
But even if your condition isn’t specifically listed in the Blue Book, you may still qualify if you can prove your condition is functionally equivalent to one of these conditions. That is, the ultimate outcome is that you are unable to work.
It’s often not an easy thing to convince the administration of this. Having an experienced SSDI lawyer helping with your case can exponentially improve your chances.
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A recent study published in The Journal of the American Medical Association found that breast cancer survival rates on the whole are three years shorter for black women compared to their white counterparts.
Primarily, researchers say, this is a function of the fact that black women tend to not receive treatment until the cancer is in its later stages. This inevitably leads to higher rates of mortality.
Our Boston Social Security Disability Insurance attorneys recently wrote about the racial disparities that have become apparent in overall life expectancy rates, due to blacks having higher rates of diabetes, cancer and heart disease.
This new research, conducted by scientists with the University of Pennsylvania, found that black women not only get cancer care that is inferior, but also that black women tend to get less health care overall. That means fewer screenings, less early detections and less efforts at effecting preventative measures that may improve one’s overall health.
The Social Security Administration allows for disability coverage for breast cancer patients if their condition meets the qualification of the listing found in Section 13.10. In order to qualify, a breast cancer patient must have one of the following:
Locally-advanced carcinoma, defined as inflammatory carcinoma, tumor of any size with direct extention to the chest wall or skin or a tumor of any size with metastases to the ipsilateral internal mammary nodes;
Carcinoma with metastases to the supraclavicular or infraclavicular nodes, to 10 or more axillary nodes or with distant metastases;
Recurrent carcinoma, except with local recurrence that remits with antineplastic therapy.
It’s also possible that even if one’s condition doesn’t exactly meet this criteria, she may still be able to secure SSDI, particularly if the medication and other treatment options have rendered her unable to perform basic daily functions required to continue working.
With regard to the recent study, researchers tracked 107,275 breast cancer patients, with nearly 7,400 of those being black. (The larger number of white women in the sample allowed for researchers to better control for other potential factors.)
The results were startling. Of those women who were studied, about 70 percent of the white women were still alive five years after they had been diagnosed, compared to about 55 percent of black women.
The researchers did not find that black women tended to experience more aggressive forms of breast cancer. Rather, they were simply less likely to receive a diagnosis at a time when their cancer was at an early stage and most able to be cured. Even once they had a diagnosis, black women’s care was more likely to be sub-standard as compared to white patients.
In fact, black women are twice as likely as whites to never receive treatment for their breast cancer. Records revealed that 12.6 percent of black breast cancer patients did not receive treatment, as compared to 5.9 percent of white patients.
The researchers determined that if breast cancer could be diagnosed earlier in black women, it would result in improving their survival rate by two years. The data showed that 20 percent of black women received a diagnoses when their breast cancer had reached Stage III or Stage IV – when it’s at its most advanced – compared to 11.4 percent of white women.
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Massachusetts Social Security Disability Lawyers Blog
