Articles Tagged with Boston lawyer SSDI

According to a recent news article from Disability Scoop, there is a bipartisan effort among some in Congress to make some changes to the Achieving a Better Life Experience bill more commonly referred to as the ABLE Act, or simply as ABLE.

ABLE was passed into law in 2014, and it was something that had never been done before.  It created a way for disabled Americans who receive government benefits to save a certain amount of money in special accounts without running the risk of losing their disability benefits. This includes Social Security disability as well as other types of benefits provided by the federal government.  This program does apply to Medicaid in certain situations. Continue reading

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

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

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

There is clearly a huge debate going on in this country about the Second Amendment and it the rights it actually guarantees.  There are those who believe the Second Amendment was drafted to give citizens virtually unlimited rights with respect to the ownership and carrying of firearms.  There as many who believe that a private citizen should be able to purchase a fully automatic machine gun if they so desire and that any attempt to stop them is an infringement on constitutionally protected liberties.

On the other hand, there are those who believe that only the police and the military need to have pistols and assault weapons, as is the case in many European nations with much stricter gun control laws than in the U.S.  There are also many who fall somewhere in the middle of these two extreme positions.  For example, a moderate on gun control might allow people to purchase firearms, but they must compete a safety course, a background check, and are limited in what type of weapons they can purchase. Continue reading

In Gutierrez v. Colvin, a Social Security Disability Insurance case from the U.S. Court of Appeals for the Ninth Circuit, there was no question claimant could lift no more than five pounds.  She could also not lift her right arm above her shoulder, but her left arm was perfectly fine.

When she first applied for SSDI benefits, her application was denied. This is nothing out of the ordinary, as the vast majority of all applications are denied.  Once the U.S. Social Security Administration denied her application, she took her first step in the appeals process. Continue reading

In Ghiselli v. Colvin, a disability case from the U.S. Court of Appeals for the Seventh Circuit, claimant applied for disability benefits from U.S. Social Security Administration (SSA) in 2010. Her basis for claiming a disability was after becoming disabled in October 2007.  In her application for Social Security disability benefits, she claimed she was working as a customer service manager at a retail establishment and was responsible for supervising cashiers.  She was injured when a customer hit her in the back with a shopping cart.

This occurred in August 2007. Following being hit by the shopping cart, her back began to hurt, and she was later diagnosed with a degenerative disc disease.  She also claimed that having asthma and being obese contributed to her being disabled.  It is quite common for a claimant to have multiple conditions that all contribute to a disability rating. Continue reading