Articles Tagged with Boston attorney SSDI

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There is no question that applying for Social Security Disability Insurance (SSDI) benefits can be a long a daunting process.  The first thing a claimant must do is to file an application with the Social Security Administration (SSA).  This application should be accompanied by supporting medical documentation to show that claimant is actually disabled.

pencil-tip-1251776Once the application is submitted, unfortunately, SSA will probably deny it.  In fact, most applications are rejected on their first pass, and it has little to do with whether the claimant is actually disabled.  This is basically an unwritten rule that the applications are rejected a lot of the time.  The reason for this is because it is a way to save money. Continue reading

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As you may have already heard, a Social Security Administration (SSA) administrative law judge (ALJ) was accused to have been of sexually harassing his co-workers at the agency and writing derogatory things about Social Security Disability Insurance (SSDI) benefits claimants when denying their applications.

gavel211Following these accusations that came as result of a whistleblower inside the SSA (the federal agency responsible for administering the Social Security disability programs and the Social Security Old Age and Retirement program), there was a widespread opinion that he should resign as an ALJ before being subject to discipline. Continue reading

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U.S. soldiers may be eligible for a number of benefits related to injuries suffered in the course of their service. They should not overlook the possibility of securing SSDI.

In Hensley v. Colvin, a case from the U.S. Court of Appeals for the Eighth Circuit, claimant is a combat veteran who served in the U.S. Army during the war in Iraq and suffered a serious knee injury while deployed. Two years later, he had surgery on his right knee, and he was awarded disability benefits by the Department of Veterans Affairs (VA).  He was deemed to have a service-connected disability, which is the requirement to get awarded VA benefits.

1100587_hospital_handClaimant also applied for Social Security Disability Insurance (SSDI) benefits. His basis for claiming that he was disabled is that he suffered from posttraumatic stress disorder (PTSD), pain in his back, pain in his right knee, and a twitching in the nerves in his face.  His application for benefits was denied after a finding that he was not disabled under the guidelines of the U.S. Social Security Administration (SSA).  The SSA is the agency that is responsible for administering the disability fund and awarding benefits. Continue reading

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Social Security Disability Insurance (SSDI) benefits are not always easy to come by.

In Cole v. Colvin, as case from the U.S. Court of Appeals for the Seventh Circuit, claimant worked as a welder in 2000 when he was injured in an accident.  The accident resulted in him breaking his left arm and his wrist.  As a result of these injuries, claimant was required to have a metal plate and steel screws implanted in his arm.

1033916_medical_instruments_3Claimant had been in pain for eight years following the accident, and despite a lot of medical treatment, the pain would not go away.  He still worked following the accident and was a factory foreman at the time he had a second serious accident. Continue reading

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The Social Security Administration’s growing backlog of disability cases has ballooned in recent years, from about 695,000 in 2010 to more than 1.1 million in 2016. sand1

According to the Office of the Inspector General, that means the average processing time on Social Security Disability Insurance (SSDI) hearings went from 415 days up to 498 days. It’s not uncommon to hear of people waiting up to two years – just to get a hearing to decide whether they are eligible for benefits.

Congress has promised to take steps to reduce that backlog, but they have been saying that for years and the problem continues to worsen.  Continue reading

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When you apply for Social Security disability benefits, you first have to decide which type of benefit is appropriate. In many case, if you have a work history and have become disabled, you will be applying for what are known as Social Security Disability Income (SSDI) benefits. This program requires that you have worked for a certain number of quarters prior to applying for benefits.  The exact number of benefits will be dependent upon your age.

957924_hand-300x200For example, a 21-year-old worker how has been employed for a few years prior to becoming disabled would not need to have worked as long as a 30-year-old worker in most cases.  The way the system is designed is to function much like private long-term disability insurance in which you pay into the system through your federal tax withholding. With a private disability insurance plan, either you or your employer would pay a premium to obtain coverage like you do with any other private insurance plan.  Continue reading

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In Attmore V. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, a claimant applied for and was awarded benefits based upon her being diagnosed with bipolar disorder.  Bipolar disorder is a condition for which the United States Social Security Administration (SSA) will consider a claimant to be disabled within the meaning of the agency guidelines.

gavel211In this case, claimant worked last in April 2007.  She was no longer able to work and quit after she had several breakdowns that did not allow her to get out of bed and go to work.  The following year she was in the hospital on three occasions because of her bipolar disorder.  In one of these cases, she allegedly tried to commit suicide and was in the hospital for around two weeks.  Continue reading

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In Julin v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits from the U.S. Social Security Administration (SSA) in December 2009.  An SSDI claim is filed under what is known as Title II of 42 U.S.C. Section 432 and is often referred to as a Title II claim.

1078874_word_work_on_the_dices-300x214Claimant also filed a Title XVI claim under 42. U.S.C. Section 1382, which is a program known as Supplemental Security Income (SSI).  In applications for both benefits, she claimed her disability started in mid February 2004.  Her claims were that she suffers from anxiety, depression, and obsessive-compulsive disorder. Claimant asserted that these mental health conditions make it impossible for her to work, because she had trouble keeping her focus, lacked energy, was unable to concentrate, could not maintain a normal schedule, and was unable to engage in normal social relationships. Continue reading

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A former officer in the New York City Police Department (NYPD) has just plead guilty to theft of more than $600,000 in Social Security disability benefits, according to a recent article from the Daily News.  This officer was employed by the NYPD from 1981 until 1993, when he retired due to a shoulder injury.

714568_light_3After retiring from the police force, his application for Social Security Disability Insurance (SSDI) benefits was eventually approved.  As in most cases, it takes some time for a claimant to become approved to receive monthly disability benefits. In order to receive the maximum monthly benefit, a claimant must be declared as disabled, which means that he or she is unable to work.  This is normally calculated using a formula to determine one’s residual functioning capacity (RFC).  Continue reading

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In Stacy v. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, claimant alleged that the administrative law judge (ALJ) violated two rules applicable to Social Security Disability Insurance benefits appeals.  An ALJ is a hearing officer that is hired by the United States Social Security Administration (SSA) to hear claims that have already been administratively denied.

1034029_medicine_2He first filed a claim for benefits saying that he first became disabled in 1994.  The reason he was disabled was because of gout, chest pain, vision issues, and fatigue. He also reported to having a heart condition of some type. Before becoming disabled, he had a long work history, as he had worked for 17 years as an engineer for the prison system in his state.  He was in charge of maintaining the boilers for the massive facility.  Continue reading

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