Articles Posted in Uncategorized

Published on:

According to a recent news feature from Huffington Post, people seem indifferent about the recent budget deal designed to prevent 11 million beneficiaries from facing 20 percent cuts in their benefits, hire new administrative law judges (ALJs) and make some changes to how the system operates. Had this or some other deal not been reached, the 20 percent benefits reduction would have been imposed across the board starting in late 2016. There would also be an increase in Medicare Part B premiums of over 50 percent had a deal not been reached.

white-house-washington-dc-november-2006-658257-mAdvocacy groups involved in the process of creating the legislation were essentially strong-armed into supporting it, because failure to support such a deal would result in the needless suffering on millions of Americans for which they purport to speak. One of the things they did not like about the bill was that it ends one program used by nearly half the states to award disability benefits to applicants, in some cases where they did not have independent medical exams. They obviously see this as a loss. Continue reading →

Published on:

According to a recent news story from ABC News, miscalculation of Social Security Disability Insurance (SSDI) is a major problem that affects more disabled Americans than one might think.   One woman interviewed for the news article failed to get the correct amount of Social Security disability benefits for over 14 years.

duntitled-1237498-mClaimant is a 65-year-old woman who is severely disabled and can barely stand up without assistance. She became disabled following a forklift accident that occurred in 1995. To make matters even more difficult, her husband died from cancer a few years after her accident. Since the death of husband, she was having difficulty paying her bills, buying food, and otherwise making ends meet. She needed help, but did no know what do about it in her condition.   Continue reading →

Published on:

Those seeking Social Security Disability Insurance benefits (or those who are already beneficiaries) need to know receiving workers’ compensation is likely to offset the amount they receive from SSDI.
calculator1.jpg
While former workers can be eligible for both at the same time, the Social Security Administration typically requires in such situations that SSDI benefits be reduced so the total monthly amount a worker takes in is no more than 80 percent of what was earned when he or she was fully employed.

The process by which a disabled person’s SSDI benefits are reduced by workers’ compensation is referred to as an “offset.” Offsets are done both for monthly workers’ compensation benefits, as well as lump sum awards.
Continue reading →

Published on:

Hendron v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, involved a claimant who had applied three times for Social Security Disability Insurance (SSDI) benefits from the United States Social Security Administration (SSA).

gavel21.jpgClaimant filed her first application in 1999, and it was denied based upon a lack of sufficient evidence that she was disabled. The legal term for this type of denial is an “on the merits” denial. Her second application was filed in 2001, and it was denied on grounds of res judicata. An experienced Boston SSDI lawyer can explain that res judicata means that a court has already made a decision on the same issue on the merits and will not review it again.

Res judicata is often called the “one bite at the apple rule,” in that a claimant only gets one chance to make a claim related to a particular set of facts, and if he or she is not successful, the claimant is precluded from bring the same or a substantially similar claim again. The theory behind this rule is that it supports judicial economy.

Claimant filed her claim again in 2009, claiming that the disability began in 1995. The SSA again denied her application based upon res judicata, and she requested a hearing before an administrative law judge (ALJ).
Continue reading →