Articles Posted in Boston SSDI

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If you have become disabled, and your disability was not related to an on the job accident, filing a claim for Social Social Disability Insurance  (SSDI) is likely your best option.  However, there is a good chance your application will be initially denied since the U.S. Social Security Administration (SSA) denied the majority of application of applications upon receipt, but this is only the beginning of a long and arduous process.  You can apply for Social Security disability benefits based for a physical illness, mental illness, or a combination of both.

SSDI Claims BostonAccording to a recent news article from VPR News, the number of applications for SSDI benefits due to mental illness is increasing in New England.  This is significant for several reasons. Continue reading →

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The majority of Social Security Disability Insurance (SSDI) claimants will be required to go to a hearing before an administrative law judge (ALJ) at the Social Security Administration (SSA) if they are eventually to be awarded benefits. These hearings can be very difficult, if not seemingly impossible for an unrepresented claimant, as there are rules of procedure and evidence that will come into play, and the claimant will need to have a good grasp on trial practice skills, which is not likely the case.  Ultimately, proving a Social Security Disability Insurance claim is not easy.

Boston SSDI CaseThere is no reason though that an SSDI claimant should not be represented by an experienced attorney.  The system is also set up in such a way that there are no legal fees unless and until the claimant is successful and recovers disability benefits. If the claimant is successful, and obtains retroactive benefits, the legal fees will be paid by SSA as a percentage of the benefits award, but there will be no out of pocket costs to the claimant.  If the claimant is not successful, there will be no fees owed to the SSDI attorney. Continue reading →

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When it comes to Social Security Disability Insurance claims, it all comes down to evidence. In many cases, the question of disability is somewhat subjective, so having ample and compelling evidence to prove your position is crucial. Your attorney can help you from the very beginning of this process – identifying what evidence will be necessary, how it should be collected and how it will be presented.

The Social Security Administration outlines Evidentiary Requirements for SSDI claimants. As the agency notes, medical evidence is “the cornerstone of the disability determination” for SSDI benefits. The burden of proof is on the claimant to provide ample medical evidence showing he or she has an impairment and detailing the severity of that impairment.

SSDIUnrepresented claimants find themselves at a steep disadvantage because they don’t know what to do during the trial, what evidence to present or the process of calling and examining key witnesses.  When you have an SSDI attorney who knows exactly what type of evidence is needed, you’re ahead of the game.  Continue reading →

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Filing for Social Security Disability Insurance (SSDI) is often the only option one has if they are disabled due to something other than a work-related injury. This is particularly true if the claimant lacks private long-term disability insurance.

While it may seem simple, the process tends to be tedious and drawn out. It can be months or even years before claims are approved.

SSDI Claims BostonThe typically claimant will go to their primary care physician (PCP) or other specialist when they are no longer able to work due their respective disability and get a letter stating the doctor’s opinion that they are disabled. Many doctors are familiar with the letter-writing process and will use the appropriate terms like the claimant is unable to lift items of a certain weight and the doctor may even say the claimant cannot engage in substantial gainful activity due the disability.  The doctor has no question his or her patient is genuinely disabled so they have no issue writing such a letter in many cases.  The definition of  not being able to engage in substantial gainful activity means that a claimant is unable to earn a certain amount of money each month.  This amount changes from year to year but is around $1,120. Continue reading →

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Many people are familiar with the red tape often associated with local, state and especially the federal government agencies. For instance, going to the Registry of Motor Vehicles (RMV) in Boston can take a long time and it can be an inconvenience. However, when we are talking about the wait for Social Security Disability Insurance (SSDI) benefits, as administered by the U.S. Social Security Administration (SSA), unrepresented claimants are literally dying before their claims are approved – and they are losing everything in the process.

Boston SSDI LawyerAccording to a recent news article published by the Washington Post, one claimant lost everything he had – and he’s far from the only one. This claimant was in his 50s, and worked for years as a long-haul truck driver and later (once he got married) as a locksmith.  Continue reading →

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When a claimant is disable and applies for Social Security Disability Insurance (SSDI) benefits, they will typically submit an application, which will be denied.  The vast majority of all applications are denied.  At this point the claimant is required to file a request for reconsideration if claimant wishes to continue with the process.  While the Social Security Administration (SSA) would not state this is a policy, the agency probably hopes that some claimants will drop out at this stage in the process as the agency does not have enough money in the disability fund to pay benefits for all disabled claimants.

SSDI Claims BostonWhile claimants could hire an attorney at this point, many decided to try to handle the matter on their own and this is probably not the best idea.  The system is set up in such way that it is very difficult for an unrepresented claimant to succeed. Continue reading →

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Applying for Social Security Disability Insurance (SSDI) benefits is often a long process.  According to a recent news article from the Memphis Daily News, the backlog of disability benefits cases is now up to 1 million.

Boston SSDI LawyerThe waiting time across the country is now in the neighborhood of two years and people are reportedly dying as they wait for benefits.  All of those on the wait-list have had their benefits denied at least one time. Continue reading →

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Schloesser v. Berryhill

Schloesser v. Berryhill, a case from the U.S. Court of Appeals for the Seventh Circuit, involves claimant who worked as a dry curer in a meat processing plant for more than two decades. His job required claimant to lift more than 70 pounds on a frequent basis.

SSDI lawyerClaimant continued to work at this particular factory until he injured his shoulder and back from the years of heavy lifting.  In 2001, he had his left rotator cuff surgically repaired, and the following year,  he had a disc removed from this lower back. This procedure is known as a lactimectomy. Continue reading →

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If a claimant is receiving Social Security Disability Insurance (SSDI) benefits, that means he or she is disabled and has worked enough time in the years leading up to becoming disabled to qualify for disability benefits. The first issue is whether a claimant has paid into the system, which makes them eligible to apply for Social Security Disability Insurance benefits in Boston.

Paying into the system

Boston SSDI LawyerIf a person owns a motor vehicle, the law requires that person purchase car insurance. There are state minimums in every state including the Commonwealth of Massachusetts. When a driver gets a policy, he or she must pay the premium.  If the driver has been paying the premium and gets into an accident, then insurance will cover the damage up to the policy limits in most cases if driver was at-fault. If the premium has not been paid and the policy is allowed to lapse, then the it will be canceled and there will be no insurance coverage. Continue reading →

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In a Social Security Disability Insurance (SSDI) claims case, there is a good chance a claimant will have to have a hearing before an administrative law judge (ALJ).  At this hearing, there will likely be  a person known as vocational expert or “VE.”  There will also likely be a doctor who serves as a medical consultant for the ALJ and the Social Security Administration (SSA).

SSDI Claims BostonWhen claimant first files and application, it will likely be denied as are most applications. SSA has less money than it needs in its budget, largely due to political reasons, and stretches out the money in the disability fund by denying many qualified claimants and when the agency does award benefits, it takes as long as possible to do so. Continue reading →