Articles Posted in Boston SSDI

According to a recent article in the LA Times, the influx of disability claims related to Post Traumatic Stress Disorder (PTSD) is leading to a variety of problems.

The article follows a 49-year-old man who explains he is so plagued by paranoia when in a crowded situation that he must carry a gun to feel secure. Due to his frequent nightmares and Iraq War flashbacks, he is afraid he might accidentally shoot someone. The psychiatrist evaluating the claimant is skeptical and believes the veteran is exaggerating his PTSD symptoms to get benefits. While these symptoms track exactly to the PTSD guidelines, the administration doctor asserted very few people truly have as many symptoms as this claimant.

As your Boston Social Security Disability Insurance lawyer can explain, it is very difficult to get SSDI benefits for a mental disability without an accompanying physical illness. The Social Security Administration looks to the claimant’s total level of disability. For example, a claimant who has lost an arm may not qualify for benefits, nor would a claimant who is solely suffering from depression, unless it is especially severe. However, a claimant who has lost an arm and suffers from depression would have a greater chance of qualifying.
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Our Boston SSDI benefits lawyers understand that the decks are often stacked against the claimant who does not have an attorney on his side.

In Higginbotham v. WSI, an appeal heard in the North Dakota Supreme Court, the claimant was 70 years old and still employed as welder and pipefitter when he injured his left rotator cuff. His standard hourly wage was more than $34. His medical records indicated that his rotator cuff injury was work related.

According to court records, the claimant drove a significant distance to work sites before his injury. As a result of his injury, he could not longer make the trip to the job sites and could no longer work as a pipefitter or welder.
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Our Boston disability lawyers understand that your work history may have as much of an effect on your level of benefits as your disability.

A recent article in the Aiken Standard looks at what the author describes as a “draconian” definition of what it means to be disabled for the purposes of qualifying for Social Security Disability Insurance (SSDI) benefits.

SSDI benefits are only available to a disabled person whose condition makes it impossible to perform the tasks required of his or her occupation. While that seems reasonable, the definition goes on to state that the disabled individual’s condition must also prevent him or her from doing a different kind of work. The disability must also be expected to last more than a year. There is no temporary disability rating under the SSDI guidelines.

Our Boston disability lawyers know that the benefits appeals process can be a difficult and confusing process for claimants who do not have representation.

A recent article from the Wisconsin Rapids Tribune discusses ongoing efforts by the United States Social Security Administration (SSA) to educate the public about disability insurance. The SSA is the federal governmental agency responsible for the administration of the nation’s social security program.

A new SSA campaign defines what means to have a disability under federal regulations. These are vastly different from private insurance plans and workers’ compensation classifications. Under social security disability guidelines, there is no provision for temporary or partial disability. The claimant must have a disability that doctors expect to last longer than year or could result in loss of life. In addition to these requirements, the disability must prevent the claimant from doing any work.

Extensive, long-term reform of the entire Social Security system is unlikely on the legislative horizon anytime soon.

However, our Boston Social Security Disability Insurance attorneys recognize that with regard to this specific program, lawmakers are being pressed to act quickly.

The trust fund from which SSDI benefits are derived – and which is entirely separate from retirement account benefits – may be insolvent as early as 2016, but potentially no later than the following year.
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Securing a Social Security Disability Insurance judgment is not an simple or swift task in most cases.

Not withstanding reports of judges rubber-stamping disability awards, our Boston SSDI lawyers know the process tends to be lengthy, convoluted and draining for those involved. It’s also worth it in the end for those who need it.

Some of the more difficult cases we take on include those where a person claims disability on the basis of a mental disorder, as listed in the Social Security Bluebook listing in section 12.00. The fact that such listings exist at all is a testament to how far we’ve come as a society in our view of mental health, particularly the organic nature of many conditions such as schizophrenia, bipolar disorder, affective disorders and depression.
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Charts have been circulating on the Internet recently indicating that there are
“too many” Americans receiving disability benefits from the Social Security Administration. News articles have warned that the number of people receiving disability income has reached an “all-time record” and that the high number of beneficiaries could cripple the system and cause Social Security to run out of funding very soon.

The reality, however, is that while there are many people receiving disability benefits, the actual number of recipients of SSD income is very small compared with the U.S. population and even compared with the number of disabled Americans. Benefits are very hard to qualify for, and most people who need benefits are going to have to get help from a Boston Social Security Disability attorney in order to even get their claims approved. Further, any increase in the number of people who are receiving SSD income is likely caused by the fact that the population is aging and people are getting sicker as they get older.
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Disabled individuals face challenges in applying for Social Security Disability (SSD) benefits, including a high denial rate and long waits for approval. Soon, however, they may be facing a new hurdle: The inability to get in-person help from a local field office. The Social Security Administration may be trying to redesign the way the agency operates so more of its services are provided on the Internet.

Unfortunately, sometimes disabled people may not have access to the Internet or their medical conditions may make it difficult or even impossible for them to navigate the complicated process of applying for benefits online. Without in-person field offices to provide help, these disabled individuals may not even know how to get started. A Boston disability lawyer can help with every step of applying for benefits and hiring a qualified lawyer may become even more essential in the future if field offices are closed.
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In filing for Social Security Disability Insurance in Boston, many applicants recognize that they are going to have to produce copious amounts of medical documentation, test results and likely testimony from numerous doctors and other professionals.

What few may realize is that equally important could be the testimony provided by so-called “lay witnesses.” These are individuals who aren’t necessarily speaking as professionals, but can attest to your condition, its progression and the impact it has had on your ability to work and attend to every-day functions.

There is no question the court is going to hold a doctor’s expert opinion in high regard. Physicians generally retain a lack of bias, and administrative law judges respect when they put the weight of their education, knowledge and training behind a diagnosis.
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Education and career preparation for individuals with disability is positive for our communities as well as individuals and families. According to recent reports, a Massachusetts task force is recommending that students with intellectual disabilities, including autism, be included in higher education. The panel recommends students be able to participate alongside peers, even if they have not passed necessary tests. The task force recommends that the state expand a program that would allow students with intellectual disabilities who are between the ages of 18 and 22 to enroll in college classes.

While working to include these students can be positive, legislators, teachers, and families must keep in mind the long-term financial and security needs. Our Boston SSDI attorneys are disability rights advocates committed to helping individuals with intellectual and physical disabilities successfully recover their necessary benefits. We are committed to raising awareness about disability issues that impact our communities and staying abreast of legal issues throughout the state.
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