Massachusetts Social Security Disability Lawyers Blog

Over the past few months, there have been a lot of stories of misconduct by administrative law judges (ALJ) and the agency in general with respect to wait time and claims handling procedures.   We have also seen the chief judge who is charge of the ALJ has resigned and will be stepping down before the end of this year, according to a statement she has released. However, it should be noted that there has been no official link between her resignation and the complaints facing the United States Social Security Administration (SSA), though based upon the timing alone, many are speculating that the two are related.

As if this was not bad enough for the agency, an ALJ in Georgia has now been accused of bullying disabled workers at the agency, according to a recent news report from NBC News 11.  If true, this is particularly disturbing because it is ALJ’s job to hear from disabled claimant and decide whether they are entitled to benefits. Continue reading

The Global War on Terror, including the campaigns in Iraq and Afghanistan, resulted in a greater number of disabled veterans than we have seen in many decades.  Even the Vietnam War, which was one of the deadliest conflicts in our nation’s history, did not have as many disabled veterans returning home.  However, this was not because fewer injuries were occurring. Rather, it was because in the 1960s, the military did not have the ability to save many of these brave men and women and bring them home.

Regardless of the cause of the disability, there are a lot of disabled veterans in the nation and many are in desperate need of a financial safety net. Many will turn to the Veterans Administration (VA), since it is the obvious first step in obtaining disability benefits for a wounded warrior. While there were many problems that have been well documented at the VA, things have gotten better, but there is still not enough funding to fully provide for the wounded vets.  For this and other reasons, many disabled veterans are turning to the Social Security Disability Insurance (SSDI) benefits as administered by the United States Social Security Administration (SSA). Continue reading

While many people think of retirement benefits when they think of Social Security, that isn’t the only program run by the U.S. Social Security Administration (SSA).  There are also two disability programs.  The first and most popular, is the Social Security Disability Insurance (SSDI) benefits program, and the Supplemental Security Income (SSI) program.  According to a recent article from U.S. News and World Report, it is the combination of all three programs that can help lift people out of poverty, and it is important for Americans to known that Social Security benefits aren’t “just for seniors.”

In terms of Social Security Disability Insurance benefits and Supplemental Security Income benefits, there are roughly 11 million Americans who are able to take care of themselves and their families as a result of these benefits. As the author of this article notes, the vast majority of these disabled adults and children would be impoverished if it were not for these two programs.  However, it is also important to understand that much to the disbelief of those who think we should get rid of the Social Security disability benefits program to save money in our federal budget, nobody is getting rich or even living a lavish lifestyle as a result of these benefits.  They are very modest.  Not only in terms of what people would be earning if they were able to work, but also as compared to the disability benefits programs in much of the developed world. Continue reading

In Israel v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was injured in 2001 while digging posts for a newly-constructed porch. Immediately following his workplace back injury, he sought treatment.  However, he did not stop working during the time he was receiving treatment.

Despite the fact that he had received various treatments for his back pain, his condition was getting worse. The pain had gotten so bad by 2003 that he was no longer able to work. He stopped working at that time and underwent additional medical procedures to help ease his pain.  One of these medical procedures was a lumbar laminectomy with a discectomy. Continue reading

As part of the process for applying for Social Security disability benefits, whether we are talking about Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits, the U.S. Social Security Administration (SSA) will likely have an “independent” review of your doctor’s medical records or possibly conduct his or her own independent medical examination.

The reason we are skeptical about the independent aspect of this medical review is because these doctors are on a panel of doctors in each location that get selected for use in these types of cases and get paid for their medical services.  Due to budgetary concerns, the SSA a least seems like it has an interest in denying claims, so it can pay out less in benefits, so if these doctors want to get more work in the future from SSA, it seems like it wouldn’t hurt to side with the SSA and deny benefits, unless it would be ridiculous not to do so.  It should be noted that what the SSA thinks is ridiculous is not the same as a normal person in terms of when it is appropriate to find someone not disabled. Continue reading

Meuser v. Colvin, a Social Security disability appeals case from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was disabled due to be being diagnosed with schizophrenia.  While many people use the term schizophrenia used in a non-professional manner, the disease is a serious mental illness that affects many Americans. Some of the patients will experience paranoia, and many will respond and react to a stimulus that is not actually present.  In some cases, this is actually hearing voices, but in many cases, it is just a series of thoughts that can lead to actions.  Even when properly medicated, it can be very difficult for a person with schizophrenia to work, and they should be entitled to disability benefits.

In this case, claimant was 46-years-old  He had been diagnosed with the serious mental illness back in 1996, but was able to keep working and lead a more normal life while taking Zyprexa.  Zyprexa is a powerful antipsychotic medication but is considered mild on the spectrum of other drugs, as compared to Risperdal or Clozaril that can put patients in a trance-like state similar to Thorazine, which was once hailed a s a medical lobotomy agent. Continue reading