Massachusetts Social Security Disability Lawyers Blog

March 14, 2017

Loss of Affordable Care Act May Grow SSDI Backlog

With promises by the new president to scrap the Affordable Care Act, also known as “Obamacare,” there is a high likelihood that the number of people seeking Social Security Disability Insurance benefits will grow at an even higher rate than they would otherwise.

It is true that the number of people receiving SSDI increased from 2.5 percent of Americans in 1990 to 5 percent in 2015. However, there are several reasons for that, among them the fact there are more women in the workforce and also older workers who are living longer but are more likely to suffer long-term disability.

But the ACA had two main provisions that helped to reduce the rolls to less than what they would otherwise be. One of those was the provision that forbid insurers from refusing customers on the basis of pre-existing conditions or charging them higher rates. The second provision allowed those with a low income to receive lower premiums. Continue reading

March 11, 2017

Executive Order Could Compound SSDI Appeal Wait Times

by Jeffrey S. Glassman

The SSDI backlog is likely to worsen, even as there already exists an extensive wait for processing Social Security Disability Insurance claims, a new Bloomberg report speculates.

As it now stands, a typical appeal for an SSDI denial takes more than a year to be heard by an administrative law judge.

The president of the ALJ union told Bloomberg that people waiting to have their SSDI appeals heard are “desperate.” This is not an exaggeration, particularly when you consider that people are continuing to get older and sicker, in addition to more people incurring new injuries. Continue reading

March 8, 2017

Self-Driving Cars and Social Security Disability in Boston

by Jeffrey S. Glassman

There are already a few options on the market in terms of self-driving cars, but we are really not quite there yet. As of now, you could buy a Tesla, if you can afford and want an expensive electric car, and that features an advanced form of cruise control that uses cameras to control the car to prevent accidents. The car will speed up and slow down to avoid other cars and can change lanes. However, the system is not meant to fully replace the need for a human driver at this point.

On the other hand, Google is working on a fully automatic driving system that it will eventually lease to car manufacturers uses a more complicated LIDAR (laser and radar) system to navigate. The goal being that an ordinary consumer can afford the system and can simply put in a destination and let the car do the rest. This is much closer to what we have seen in variety of 1990s science fiction action movies like “Demolition Man” and “Total Recall.” However, we are still a few years a way from seeing this technology widely used, according to Google. Continue reading

March 3, 2017

Congress Rolls Back Order Preventing People on Disability from Getting Guns

by Jeffrey S. Glassman

Over the past several months, we have been hearing a lot about an executive order signed by former president Barack Obama that allowed the FBI’s Brady background check system from having access to the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) roles. The theory behind this executive order was that too many people with mental health issues were being allowed to purchase guns, and some of these people were using these guns in active shooter situations where innocent people were being killed.

Under the executive order, if a person is receiving Social Security Disability Insurance for a mental health condition, as many people are, the background check system will be made aware of it and can deny the potential gun buyer the right to purchase the firearm on the application. This was largely supported by Democrats, who are in favor of gun control measures, and opposed by GOP members, who typically favor not placing many or even any limits on the right to purchase firearms. Continue reading

March 1, 2017

Disability Benefits Claimants and the Second Amendment

by Jeffrey S. Glassman

In the past several months, we have heard a lot about the Second Amendment to the U.S. Constitution. While most Americans are familiar with the Second Amendment and likely have strong feelings about it on one side of the issue or the other, many may not be aware of how the gun control debate has affected those who are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. More specifically, SSDI or SSI beneficiaries who are receiving benefits at least in part because of a mental health condition such as major depression, posttraumatic stress disorder (PTSD), or various other mental health conditions are affected.

One of the things President Barack Obama did before leaving office was to enact an order that allowed the federal background Brady check system access to the disability rosters at the United States Social Security Administration (SSA). Again, we are focusing on claimants who received disability benefits at least in part due to a mental health condition. Continue reading

February 27, 2017

The Difference Between SSDI and SSI Benefits to Disabled Boston Residents

by Jeffrey S. Glassman

There are various programs that the United States Social Security Administration (SSA) administers. The largest part of the agency’s budget involves the Old Age and Retirement program. These are the benefits that are available when you reach a certain age. This age was once 60, but those days are long gone, and the age for full benefits keeps increasing as time passes and Congress looks for more ways to save money by paying out less in benefits.

In addition to the old age program, there is also the Social Security Disability Insurance (SSDI) benefits program. When most people think or talk about Social Security disability benefits, they are talking about SSDI benefits. Continue reading

February 24, 2017

The Truth About Social Security Disability Fraud Allegations

by Jeffrey S. Glassman

In the past couple of years, it has become popular for politicians to tell people that Social Security benefits, specifically the Social Security Disability Insurance (SSDI) program, are entitlements programs for people that are too lazy to work. They also like to say that there is rampant fraud committed by claimants who are not really disabled. While there are obviously some instances of fraud, just like there are with any other program of any kind, this statement and the allegations that SSDI is an entitlement program could not be farther from the truth.

This issue and these commonly held misconceptions have been discussed and dispelled in a recent opinion letter published in the New Jersey Herald. As discussed in the letter, whatever your opinion of welfare may be, SSDI is not welfare. The reason for this is because anyone who works pays taxes into a specific fund that pays for disability programs run by the United States Social Security Administration (SSA). In order to qualify for Social Security Disability Insurance benefits, you must not only establish that you are disabled, but also that you have earned enough quarterly credits to qualify for benefits. Continue reading

February 21, 2017

Trump’s Hiring Freeze Likely to Affect Boston Disability Cases

by Jeffrey S. Glassman

Whenever a new party takes over the White House, it is not uncommon for there to be a hiring freeze with respect to federal employees. Traditionally, this is a relatively short-term measure designed to give the new administration time to decide what its priorities will be and how those priorities will shape the composition of the various federal agencies.

However, regardless of what your feelings are about President Donald J. Trump, this recent hiring does not appear to be business as usual. The reason for this is because Mr. Trump has promised to drastically reduce the size of government and slash the federal work force. It seems the recent hiring freeze rolled out in an executive order may be in place for quite some time to come. Continue reading

February 18, 2017

Social Security Disability Appeal Successful

by Jeffrey S. Glassman

In a recent case from the United States Court of Appeals for the Seventh Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits, and his application was denied by the U.S. Social Security Administration (SSA).

Claimant first applied for disability benefits in 2008. In 2008, he was 35-years-old. His application was denied. This is not shocking, since SSA will typically reject the vast majority of all applications initially. This is done with little regard to whether the claimant is actually able to work. Congress is actually investigating whether this is intentional due to a series of complaints by whistleblowers. Continue reading

February 15, 2017

SSDI Appeal Results in Affirmation of Denial

by Jeffrey S. Glassman

In a recent SSDI case from the United States Court of Appeals for the Fourth Circuit, the claimant was denied an award of benefits after a hearing before an administrative law judge (ALJ). An ALJ is an employee of the United States Social Security Administration (SSA) that is responsible for hearing appeals when the review staff at the agency has already denied a claimant’s application at least two times in writing.

As long as the requests for review are made in a timely manner, the ALJ will hear the appeal, though as an employee of the SSA, the ALJ often sides with the SSA, finding that the claimant is not disabled. This is especially true in cases where the claimant is not represented by an experienced disability benefits attorney. Continue reading