Articles Tagged with Boston attorney SSDI

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While many people think of retirement benefits when they think of Social Security, that isn’t the only program run by the U.S. Social Security Administration (SSA).  There are also two disability programs.  The first and most popular, is the Social Security Disability Insurance (SSDI) benefits program, and the Supplemental Security Income (SSI) program.  According to a recent article from U.S. News and World Report, it is the combination of all three programs that can help lift people out of poverty, and it is important for Americans to known that Social Security benefits aren’t “just for seniors.”

cashIn terms of Social Security Disability Insurance benefits and Supplemental Security Income benefits, there are roughly 11 million Americans who are able to take care of themselves and their families as a result of these benefits. As the author of this article notes, the vast majority of these disabled adults and children would be impoverished if it were not for these two programs.  However, it is also important to understand that much to the disbelief of those who think we should get rid of the Social Security disability benefits program to save money in our federal budget, nobody is getting rich or even living a lavish lifestyle as a result of these benefits.  They are very modest.  Not only in terms of what people would be earning if they were able to work, but also as compared to the disability benefits programs in much of the developed world. Continue reading

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In Israel v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was injured in 2001 while digging posts for a newly-constructed porch. Immediately following his workplace back injury, he sought treatment.  However, he did not stop working during the time he was receiving treatment.

1115701_black_and_white_crime_2Despite the fact that he had received various treatments for his back pain, his condition was getting worse. The pain had gotten so bad by 2003 that he was no longer able to work. He stopped working at that time and underwent additional medical procedures to help ease his pain.  One of these medical procedures was a lumbar laminectomy with a discectomy. Continue reading

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As part of the process for applying for Social Security disability benefits, whether we are talking about Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits, the U.S. Social Security Administration (SSA) will likely have an “independent” review of your doctor’s medical records or possibly conduct his or her own independent medical examination.

nurseThe reason we are skeptical about the independent aspect of this medical review is because these doctors are on a panel of doctors in each location that get selected for use in these types of cases and get paid for their medical services.  Due to budgetary concerns, the SSA a least seems like it has an interest in denying claims, so it can pay out less in benefits, so if these doctors want to get more work in the future from SSA, it seems like it wouldn’t hurt to side with the SSA and deny benefits, unless it would be ridiculous not to do so.  It should be noted that what the SSA thinks is ridiculous is not the same as a normal person in terms of when it is appropriate to find someone not disabled. Continue reading

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Graves v. Colvin, a case from the U.S. Court of Appeals for the Fifth Circuit, involved a claimant who was claiming disability because of anxiety, depression, as well as other types of developmental disorders normally classified as an intellectual disability by the U.S. Social Security Administration (SSA).  She had applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits.

948188_learning_with_pencilWhen she first applied for SSI and SSDI, her application was denied.  After she submitted her initial application, SSA denied it.  This is basically standard practice for SSA, even though they will never admit to this, but the reality is that at least half of all applications are initially denied, only to be approved later in the process. Continue reading

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While the United States Social Security disability program has become somewhat of a partisan issue in recent years, it once had a broad base of support from both sides of the aisle.  This was certainly true when it was created, and the enabling act was signed into law by President Dwight D. Eisenhower in 1956.  When it was first created, there was a six-month waiting period to get benefits, there were no benefits to children or spouses, and the program was only available to adults 50 years of age and older.

stopwatchOver the past several decades, there have been a lot of changes to the program.  Formally, there were two separate programs created.  One is called the Social Security Disability Insurance (SSDI) program, and the other is the Supplemental Security Income (SSI) program.  The SSDI program is the larger of the two programs and is designed to pay benefits to working Americans who have become disabled and can no longer work and take care of themselves and their families. Continue reading

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Meuser v. Colvin, a Social Security disability appeals case from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was disabled due to be being diagnosed with schizophrenia.  While many people use the term schizophrenia used in a non-professional manner, the disease is a serious mental illness that affects many Americans. Some of the patients will experience paranoia, and many will respond and react to a stimulus that is not actually present.  In some cases, this is actually hearing voices, but in many cases, it is just a series of thoughts that can lead to actions.  Even when properly medicated, it can be very difficult for a person with schizophrenia to work, and they should be entitled to disability benefits.

1034029_medicine_2In this case, claimant was 46-years-old  He had been diagnosed with the serious mental illness back in 1996, but was able to keep working and lead a more normal life while taking Zyprexa.  Zyprexa is a powerful antipsychotic medication but is considered mild on the spectrum of other drugs, as compared to Risperdal or Clozaril that can put patients in a trance-like state similar to Thorazine, which was once hailed a s a medical lobotomy agent. Continue reading

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In Harvey v. Colvin, a case from the United Sates Court of Appeals for the Eighth Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits, and his application was rejected.  The federal agency responsible for running this and other disability programs is the United States Social Security Administration (SSA).

hospitalIn this case, claimant asserted that she suffered from various severe impairments, including a mood disorder, anxiety, lasting effects from a brain tumor that had been removed, various spinal conditions including scoliosis, and various other medical conditions.  However, the SSA found she was not disabled, because, while her medical conditions were in fact severe, they were not listed impairments. Continue reading

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In Igo v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant appealed the United States Social Security Administration’s (SSA) denial of his application for disability benefits.

woman2Claimant filed for Social Security Disability Insurance (SSDI) benefits because he had been suffering from painful osteoarthritis in his hip, as well as degenerative disorder of this hips, chronic shoulder pain, carpal tunnel syndrome (CTS), and various other musculoskeletal disorders. Continue reading

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There is an oft-made argument this election that many people receiving disability benefits would rather sit at home and collect a monthly benefits check than go work.  This could not be farther from the truth, as the vast majority of people on disability would much rather be healthy and working than collecting a Social Security disability check.

1078874_word_work_on_the_dices-300x214There are a few reasons we know this to be true.  One is that when Congress set up the Social Security Disability Insurance (SSDI) systems, they set the monthly benefits award at an amount lower than what they consider substantial gainful activity.  In fact, they wanted the maximum benefits award to be around 80 percent lower than what someone could make if they were working.  The reason for this is very clear in that they do not want any extra incentives to sit at home and collect an SSDI benefits check instead of working. Continue reading

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In Fischer v. Colvin, a case from the Untied States Court of Appeals for the First Circuit, claimant applied for disability benefits from the United States Social Security Administration (SSA) in February 2012.  It should be noted that U.S. Court of Appeals for the First Circuit is the federal appeals court that has controlling jurisdiction over cases that arise in the Commonwealth of Massachusetts.

1078874_word_work_on_the_dices-300x214Claimant alleged that she was disabled because she had fallen off a ladder in the late 1990s.  Prior to that time, she had been working as a hair stylist.  She also had worked for a gift basket company in the past and also was the owner of a lingerie store.  She claimed that her onset of disability date was October 31, 1995. Continue reading

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