Articles Tagged with Boston attorney SSDI

According to a recent news feature from Forbes, a United States Postal Service worker was injured on the job and claimed workers’ compensation benefits.  He was approved for those workers’ compensation benefits and started collecting benefits.

952313_gavelThe claimant, who chose to represent himself in the process, decided to apply for Supplemental Security Income (SSI) benefits to supplement his workers’ compensation benefits.  He fully disclosed his workers’ compensation benefits to the United States Social Security Administration (SSA), so there was nothing improper about applying for this benefits.  However, after applying, he was quickly denied for Social Security disability benefits. Continue reading

Every year in the beginning of June, people in the U.S. observe National Cancer Survivors Day.  There any many different events on this day, including the Relay for Life which tends to draw a large crowd of supports and raise a lot of money for the cause each year.

1100587_hospital_handWhile getting diagnosed with cancer can cause a lot of health fears, it can also cause a lot financial difficulty as well.  There are often very high medical bills, and people may not have enough insurance coverage to pay for everything, including co-pays and out of pocket expenses. This is made extra hard because many cancer survivors will eventually get to the point where they can no longer work, and the family will have to make up for the lost wages. Continue reading

Crespo v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, involved a claimant who applied for Supplemental Security Income for his mother.  Supplemental Security Income (SSI) is a program administered by the United States Social Security Administration (SSA).

736458_headed_homeSSI is designed for disabled children of low-income families and blind or disabled adults.  This program is different from the Social Security Disability Income (SSDI) program that is designed for people who have worked long enough to earn quarterly credits to qualify for disability benefits. Continue reading

When you first apply for Social Security Disability Insurance (SSDI) benefits, the chances of your claim being denied are high.  This has nothing to do with the merits of your application, meaning whether or not you are really disabled. The reason for this is because the majority of all applications are denied.

1088940_2_annual_reports__3At this point, you can apply for reconsideration.  The first reconsideration attempt is done in writing and it is typically a peer review process where another worker at the same office will determine if their coworker at that the same pay grade properly denied your application.  This is almost always denied again.  You can actually apply for another reconsideration, and that will typically be denied as well.  Continue reading

In Dale V. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, claimant was born in 1985.  Her childhood was filled with a great deal of hardship, as she suffered both physical and sexual abuse. Her family moved around many times, and her mother died when she was only 12-years-old.  She was also living in an environment filled with violence and illicit drugs, according to court records.

1078874_word_work_on_the_dices-300x214When she turned 17, she earned her GED and was finished with high school.  She was dealing with a meth addiction at the time and went into a residential (inpatient) drug rehabilitation program.  She has worked a little during the course of her life but does not have anywhere near the level of work history to qualify for Social Security Disability Insurance (SSDI) benefits. Continue reading

When you file a claim for Social Security Disability Insurance (SSDI) benefits, there is a good chance your application will be denied. The reason for this is because most applications are rejected after being filed, and it has nothing to do with whether or not you have earned enough quarterly credits or whether or not you are actually disabled. It is basically an unofficial policy to reduce the number of claims they have to pay to save money.

stopwatchA recent article from The Sequitur looks at how the appeals process works and what happens after your application is denied. The first thing you will do is file for what is known as reconsideration.  This is where you submit a request for a review of the denial.  It is done internally at the United States Social Security Administration (SSA) and is done by a coworker of the SSA worker who initially denied your application.  While it is technically possible there will a ruling in the claimant’s favor at this stage in the game, it is not very likely, and further review will probably be needed. Continue reading

When someone applies for Social Security Disability Insurance (SSDI) benefits in Boston, they do so by submitting an application along with supporting documentation from medical health professional showing proof of the claimed disability.  The disability can be a single medical condition that will allow the claimant to qualify for benefits, but more likely than not, it will be for a combination of medical conditions that hopefully will qualify the patient for Social Security Disability Insurance or Supplemental Security Income (SSI) benefits.stopwatch

Once a claimant submits the initial application, personnel at the United States Social Security Administration (SSI) will review it.  This first review is performed by an employee with the job of evaluating claims.  It should be noted that in the majority of claims (well more than half), the application is denied without any type of hearing or even a valid reason.  The claimant will simply be told that he or she does not have a single debilitating condition or combination of conditions that qualifies the individual as disabled under the SSA guidelines. Continue reading

Whitehead v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, involved a claimant who was suffering what he described as severe neck pain.  His neck pain began while he was working as an operator of heavy equipment, and he hit his head while on the job.

952313_gavelAfter his slip and fall accident, he went to a doctor for immediate medical attention and told his doctor that it was his plan to apply for Social Security Disability Insurance (SSDI) benefits. Continue reading

KKC v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves a federal disability claimant who dropped out of high school in the 11th grade.  He went to work in various jobs, including being a cook, a restaurant server, an employee at a fast food restaurant and eventually the manger. In addition to working in the food service industry, he also worked as an electrician’s assistant.

1034029_medicine_2Unfortunately, many in the restaurant industry become heavy smokers, and this claimant was no different.  As those who have worked in the food and beverage industry know, in most jobs you do not really get any breaks as you do in other types of jobs, despite relevant labor laws.  The only practical way to get a break is to say you are going out back (usually by the dumpster behind the kitchen) to go smoke a cigarette. Continue reading

The payout of Social Security Disability Insurance (SSDI) benefits have become a highly politicized issue in recent years. There has been a growing (albeit erroneous) consensus among some politicians that SSDI benefits are far too easy to obtain and too many people are avoiding viable work options because it’s “easier to stay home and collect a check.” sadness2

One need only look at the rigorous eligibility requirements and application process to see why that’s not true. But if you’re looking for more evidence, turn your eye to the latest research by the Center on Budget and Policy Priorities. The study authors looked at the various programs over the last 25 years imposed by Congress to push SSDI recipients to return to work.

These include the “Ticket to Work” program in 1999 that provided vocational rehabilitation for recipients to the most recent Benefit Offset National Demonstration (BOND) program that reduces a person’s disability benefits by $1 for every $2 they earn (making benefits $0 when they reach Substantial Gainful Employment Activity – SGA). Unsurprisingly, none of these efforts have had much impact on the government’s bottom line or the number of recipients.

Why? Because despite the rhetoric that the SSDI program is too expensive and has become bogged down with waste and corruption, the reality is people who are receiving SSDI have very limited work capacities. That is: They are not committing fraud. They are not taking more than their fair share. They are not able to work and simply refusing to do so. They are disabled – and they had to go through a rigorous vetting process to prove it. Even those who may have limited work capacity aren’t likely to return to a situation where they can do so in a way that will allow them to be self-supporting in the long-term.  Continue reading

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