Massachusetts Social Security Disability Lawyers Blog
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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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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 →

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According to a recent news article from Syracuse.com, a man was recently sentenced to prison for alleging defrauding the United States Social Security Administration (SSA) out of more than $87,000.  The sentence was for one year in federal prison, though it is likely that he would be sent to a reentry center or other halfway house some time before the year is over, based upon the standard operating procedures of the Untied States Department of Prisons.

952313_gavelThe prosecutor alleged that the 51-year-old man had applied for Social Security Disability Insurance (SSDI) benefits and then began collecting a monthly benefits check in the amount of around $1,000, which was the maximum monthly allowance in 2006 when he was alleged to have started drawing benefits.  Continue reading →

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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 →

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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 →

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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 →

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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.

When 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 →

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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 →

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Smith v. Colvin is a case from the United States Court of Appeals for Tenth Circuit. In Smith, claimant applied for Social Security Disability Insurance (SSDI) benefits, and the Social Security Administration (SSA) denied her application.  Specifically, as part of her application, she claimed a disability based on a problem with her left shoulder, an inability to reach, handle, or manipulate objects with her fingers, and that she could only do a moderate amount of work without resting.

1034029_medicine_2After her application was denied, she applied for an appeal and was eventually granted a hearing before an administrative law judge (ALJ).  At her evidentiary hearing, ALJ determined she had a residual functioning capacity (RFC) that allowed her to work and found that she was not disabled.  Continue reading →

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The Social Security Disability Insurance (SSDI) program is designed to provide monthly benefits to Americans who have worked for enough years and paid enough taxes to have paid into the system and then become disabled so they can no longer work.  The SSDI program is administered by the United States Social Security Administration (SSA).

The Americans with Disability Act (ADA) is a federal law designed to provide various rights to persons with disabilities, require employers to comply with certain requirements, and to provide method to obtain a remedy when the rules are not followed.  In many cases, someone can a file a lawsuit in federal court under the ADA and request monetary damages.   Continue reading →