Social Security Disability Insurance

March 8, 2015

Social Security Disability Budget Crisis Examined

For the past year or so, we have news article after article detailing the crisis facing the Social Security Disability Insurance (SSDI) fund. According to the United States Office of Management and Budget (OMB), full funding for the SSDI and Supplemental Security Income (SSI) budget will soon no longer be available and will result in a 20 percent budgetary shortage.

This is a major concern to the nearly 9 million Americans currently receiving Social Security disability benefits and the unknown number of Americans who will be applying for benefits in the near future or are already involved in the lengthy application process.

According to a recent piece inNews-Press.com, this will result in dollar-for-dollar reductions of almost 20 percent for those already receiving benefits.

In other words, if you receive a $1,000 monthly check in Social Security disability benefits, your check will be cut to approximately $800. This will understandably create a major hardship for those depending on Social Security disability benefits to make ends meet in Massachusetts and across the nation.

As the article points out, some Congress members are using this as an opportunity to claim most people receiving Social Security benefits are claiming they have a bad back so they can “get rich.” However, when you look at the actual numbers of benefits being paid, this is far from accurate. The average monthly award for Social Security disability benefits is around $1,500, and this is not making anyone rich. This is especially true when you consider you cannot work if you are on total disability. This is because the program was specifically set up to make sure people couldn’t make more from not working then they could from working.
Continue reading

March 7, 2015

Burrell v. Colvin: Denial of Disability Benefits

by Jeffrey S. Glassman

Burrell v. Colvin, a Social Security Disability appeal from the United States Court of Appeals for the Ninth Circuit, involves claimant who became disabled in December of 2007. Claimant suffered pain and headaches for years prior to filing for disability benefits. Her conditions were related to serious neck and back conditions including a tumor near her cervical spine. She also suffered from a disc herniation and other degenerative disorders, including a broad-based disc bulge.

Her doctors followed the progress of her disc diseases from the early 1990s through 2009. In 2009, she had back surgery after suffering from a seizure. For years, claimant also experienced a noticeable tingling in her left hand.

Following surgery, she had trouble gripping things with her left hand. During her disability benefits hearing before an administrative law judge (ALJ), claimant testified she had at least two seriously debilitating migraine headaches per week. When she had a headache, all she could do to manage the pain was to lie still in a dark room for the rest of the day. Due to her neck and back pain, she was only able to sit or stand for limited periods of time.
Continue reading

March 3, 2015

Congress Working to Fund Disability Benefits Program

by Jeffrey S. Glassman

The United States Social Security Administration (SSA) oversees Social Security Disability Insurance (SSDI) benefits as well as Supplemental Security Income (SSI) benefits. SSA is the same agency that oversees Social Security Retirement benefits; however, funding does not come from the same source.

While most funding for SSA comes from payroll deductions from employee’s earnings and quarterly payments from self-employed individuals, money for retirement and disability funds go into separate pots. Congress can also approve this money to be supplemental by additional federal funding.

Historically, when one of the two SSA funds was running low or a predicted shortfall was nearing, Congress would reallocate funds from one fund to the other to keep both programs running at or near full strength. While some see this as merely kicking the ball down the road for future generations to deal with, it has become a necessity to avoid making tens of millions of disabled and elderly Americans suffer the consequences of a budgetary shortfall.
Continue reading

February 27, 2015

Adaire v. Colvin: Contradictory Evidence in SSDI Hearings

by Jeffrey S. Glassman

Adaire v. Colvin, an appeal form the United States Circuit for the Seventh Circuit, involved a disability claimant who became disabled as a child due to sclerosis. When he was 15 years old, surgeons implanted rods into his spine to correct the curvature, which had reached 57 degrees. Medical professionals consider any curvature greater than 50 degrees to be severe.

The rods helped his spine curvature significantly and reduced it to a much lower 15 percent, but he still suffered from tremendous back pain, according to court records. As he got older, doctors also diagnosed claimant with cognitive disabilities, but they could not say whether or not they were related his sclerosis.
Continue reading

February 24, 2015

Hall v. Colvin: Evidence in Disability Cases

by Jeffrey S. Glassman

Hall v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, features an opinion written by Judge Posner.

Judge Posner is an appellate judge who typically drafts opinions rather critical to administrative law judges (ALJ) who denies an application for benefits, despite obvious evidence claimant is disabled and entitled to benefits.

In Hall, claimant applied for Social Security Disability Insurance (SSDI), and an ALJ denied his claim. Claimant was an aviation mechanic discharged from military service in 2001. He suffered an ankle injury, and the Veteran’s Administration determined claimant to be 70 percent disabled, and, “more importantly” to Judge Posner, to be unemployable in any substantially gainful employment and therefore “totally disabled.”

Claimant applied for Social Security Disability Insurance (SSDI) benefits in 2010, and Social Security Administration (SSA) denied his application. He based his application for benefits on grounds his ankle problem, back problems, and other impairments made it impossible for him to work.
Continue reading

February 21, 2015

Zirnsak v. Colvin: Sufficiency of Evidence in SSDI Cases

by Jeffrey S. Glassman

Zirnsak v. Colvin, a disability benefits appeal from the United States District Court for the Third Circuit, involved claimant who was involved in a serious motor vehicle accident in 2001. In this accident, claimant suffered head trauma, lung injuries and bone fractures. Following her car accident, she was in a hospital for approximately five weeks.

She was on life support during hospitalization, and, upon being released, was sent to a rehabilitation facility. After four days at rehabilitation, she returned to the hospital to her have gangrenous gallbladder removed. Doctors then sent her back to her rehabilitation facility. There she stayed for nearly three years. In February of 2003, she suffered a seizure and was treated and prescribed anti-seizure medication. She did not have any additional seizures, but had further plastic surgery for lipoma reductions. A lipoma is a lump that develops between skin and muscle tissue.

During the years following her accident, she underwent treatment for conditions related to her traumatic brain injury (TBI), including memory loss, left hemispheric cognitive impairments, organic affective changes, and seizure disorder. In April of 2010, a doctor performed an assessment of her mental residual functioning capacity (RFC) and determined she had the ability to engage in sustained work activity.
Continue reading

February 18, 2015

Curvin v. Colvin: Credibility Determinations in Disability Cases

by Jeffrey S. Glassman

Curvin v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved claimant who filed for Social Security Disability Insurance (SSDI) benefits. In March 2010, claimant applied for disability benefits after becoming disabled in January of 2009. Her disabilities included glaucoma, trouble sleeping, thyroid disease, knee pain and hypertension.

Social Security Administration (SSA), the federal agency charged with oversight of social security disability benefits, denied claimant’s application. Claimant then went through the five-step review process before SSA granted her a hearing before an Administrative Law Judge (ALJ).

In August of 2011, after a hearing, ALJ determined claimant was not disabled within the meaning of SSDI guidelines and denied her appeal. His first finding when he denied claimant’s appeal was his finding she had not engaged in gainful employment since onset of her disability. He then found her glaucoma was a severe impairment, but her other stated impairment were not severe in his opinion, based on evidence submitted during her hearing.
Continue reading

January 27, 2015

Rand Paul Says Many Receiving SSDI Benefits Gaming System

by Jeffrey S. Glassman

With the upcoming war in Congress over whether to increase funding to the Social Security Disability Insurance (SSDI) program, the issue is getting a lot of press. Recently, according to a news article from MSNBC, Senator Rand Paul has gone on record claiming many SSDI beneficiaries are gaming the system and not really disabled.

Paul is quoted as suggesting many disabled Americans receiving SSDI income do not deserve the benefits they are getting. He said while there some in the program who deserve benefits; there are many who do not. Specifically, Paul said, “if you look like me, and you hop out of your truck, you shouldn’t be getting your disability check.”

Paul further asserted more than half of disability benefits recipients are getting money by claiming their back hurts or they are anxious.
Continue reading

January 25, 2015

Social Security Benefits for Disabled Veterans

by Jeffrey S. Glassman

With all the troops forward deployed to places like Iraq and Afghanistan during the global war on terror, we are seeing more and more young men and women returning home from the battlefield with severe and permanent disabilities.

Some of these disabilities are physical in nature and involve loss of one or more limbs, traumatic brain injury (TBI) and other health issues caused by fighting in the Middle East. Many others were lucky enough to return without suffering physical injuries, but now suffer from debilitating mental conditions such as post-traumatic stress disorder (PTSD).

When these wounded warriors return home, many of them will be given a medical discharge while others will simply separate from their military service with no benefits at all.
Continue reading

January 23, 2015

Social Security Disability Claims Process

by Jeffrey S. Glassman

Much of the news coverage about the Social Security Disability Insurance (SSDI) program deals with the upcoming budget shortage, which may reduce benefits by 20 percent by 2016 should congress fail to act. However, a recent news article from Huffington Posts looks at how the system works for claimants and what you need to do to qualify for benefits.

Social Security Disability Insurance is a federal benefits program administered by Social Security Administration (SSA). SSA also manages the Social Security retirement programs, but those funds come from a different budget than SSDI benefits.

SSDI was created to provide those who disabled, and thus unable to engage in gainful employment, with a source of benefits on which they can live. A disability can be defined as physical or mental in nature or a combination of both. The disability must be expected to last more than 12 months or likely to result in death of claimant. While this may seem straightforward, the application process is anything but straightforward. For this reason, the author recommends you contact an experienced Social Security disability benefits attorney before applying for benefits, as this will greatly increase your chance of obtaining an appropriate award of benefits from SSA.
Continue reading