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A recent news article from The Atlantic takes a look at how disability benefits have become a partisan issue. If you watch any of the comments made by Hillary Clinton or Donald Trump, you can easily see that they are on very different sides of this issue, but the question is whether or not this was always the case.  As it turns out, the answer to this question is no, as the payment of disability benefits was once a bipartisan issue.  It should be noted that when we say disability benefits were not always a partisan issue, were are not talking about six decades ago when the Social Security Disability Insurance (SSDI) program began, but rather as recent as the 1990s.

wheelchair7For example, it was in the 1990s when the Americans with Disabilities Act (ADA) was authorized and supported by both major parties. These days a lot has changed and we have democrats including Clinton arguing that the disability fund should be fully funded for years to come, and those on the other side of the aisle are saying that there should be a major overhaul of the system prior to any more money being allotted.  There is also the argument, used heavily during the Republican primary, that the vast majority of people on disability benefits are “gaming the system” or outright committing fraud to obtain disability benefits to which they are not entitled. Continue reading

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There is an oft-made argument this election that many people receiving disability benefits would rather sit at home and collect a monthly benefits check than go work.  This could not be farther from the truth, as the vast majority of people on disability would much rather be healthy and working than collecting a Social Security disability check.

1078874_word_work_on_the_dices-300x214There are a few reasons we know this to be true.  One is that when Congress set up the Social Security Disability Insurance (SSDI) systems, they set the monthly benefits award at an amount lower than what they consider substantial gainful activity.  In fact, they wanted the maximum benefits award to be around 80 percent lower than what someone could make if they were working.  The reason for this is very clear in that they do not want any extra incentives to sit at home and collect an SSDI benefits check instead of working. Continue reading

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If you are receiving Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, you are likely to also qualify for Medicare.  This is important, since you may require many costly medical procedures. On the other hand, if the United States Social Security Administration (SSA) determines that you are not longer disabled, you may lose your disability benefits and also your Medicare.  If the reason you are no longer is disabled is because of the medication you are getting paid for by Medicare, you have two problems.

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This situation was recently discussed in a news article from WATE ABC 6 News.  In this article, a woman in Knoxville lost her Social Security disability benefits when SSA made a determination that she was no longer suffering from seizures to the point where she was unable to work.  This also means she lost her Medicare that was awarded when she received Social Security disability benefits.  The reason she was able to control her seizures was because of the new round of anti-seizure medications she was obtaining via Medicare, and that is where the catch-22 comes into play. Continue reading

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In Taylor v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was a woman in her 20s who was tested to have an IQ between 70 and 75.  This was in addition to her already diagnosed intellectual disabilities. Court records indicated that during the last year she attended high school, she was performing at a fourth grade level in math.  She attained a fifth grade level in reading, and had a grade seven writing level.  She was in special education and was having difficulty with the program.

woman2Her special education teacher testified at the eventual hearing that claimant had a lot of difficulty following directions, and would struggle greatly when new academic concepts were introduced to her.  When she felt something was difficult, she would emotionally shut down and not be receptive to learning how to do the new tasks. She also had problems caring for herself, according to her teacher. Continue reading

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As discussed in a recent news feature from Fox News, the United States Social Security Disability Insurance (SSDI) program is now a part of the Social Security Act that went into effect 81 years ago.  The act originally only created the Social Security payments to senior citizens under the program now known as the, “Old Age and Retirement” program.

1078874_word_work_on_the_dices-300x214After the initial success of this program, the Social Security Disability Insurance program was created as an amendment to the Social Security Act created 21 years prior.  This program required everyone who was working to have a percentage of their income withheld from their respective paychecks and that money deposited into the Social Security disability fund. Continue reading

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According to a recent news feature from WCNC News, there was an understandably strong reaction from the social media community when a man who had three limbs amputated was denied for Social Security disability benefits.  She suffered from a very serious infection known as sepsis and almost died. She was lucky enough to survive sepsis, but the infection required doctors to have to amputate three of her limbs.  In total, she lost one leg, one foot, and both arms.  She was left with one leg without a foot.

wheelchair7She was a stay-at-home mom before becoming sick and had not worked for the ten years prior to filing for Social Security benefits. She had chosen to stay home and take care of her family while her spouse worked.  While she did not earn an income, she clearly provided a great deal of value to her family. Continue reading

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When you first go to file a Social Security disability benefits claim, you will need to provide a great deal of information to the United States Social Security Administration (SSA).  The SSA is the agency that runs the Social Security Disability Insurance (SSDI) programs and the Supplemental Security Income (SSI) programs.

deniedThe first thing you will have to do is gather your medical information, including an opinion of a treating physician as to why you are disabled.  However, it should be noted that the SSA often has a very different interpretation than a medical doctor of what it means to be disabled.  Continue reading

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Over the past few months, there has been a lot of coverage about one administrative law judge (ALJ) who was and still is working for the United States Social Security Administration (SSA).  This judge allegedly would write down notes about applicants who came before him for administrative hearings when their respective applications for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits were denied.

cash-1425744Two employees, who have claim they have faced retaliation for the actions, had decided to become whistleblowers to tell the agency about what this judge was doing.  He had allegedly commented on applications that one claimant was “buxom” and another was “gorilla like.”  There were many other such messages like this, as well allegations that this ALJ was sexually harassing staff members at his SSA office. Continue reading

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According to a recent news feature from AL.com, a former administrative law judge (ALJ) has been arraigned on federal criminal charges related to allegations that he had sex with a disabled woman in exchange for awarding her benefits and then tried to cover it up by destroying evidence.

suittieAn administrative law judge works for the United States Social Security Administration (SSA) and presides over hearings to determine if a claimant is entitled to disability benefits. These hearings can be requested once a claimant’s initial application is rejected and then a written request for reconsideration is also rejected. Continue reading

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In Fischer v. Colvin, a case from the Untied States Court of Appeals for the First Circuit, claimant applied for disability benefits from the United States Social Security Administration (SSA) in February 2012.  It should be noted that U.S. Court of Appeals for the First Circuit is the federal appeals court that has controlling jurisdiction over cases that arise in the Commonwealth of Massachusetts.

1078874_word_work_on_the_dices-300x214Claimant alleged that she was disabled because she had fallen off a ladder in the late 1990s.  Prior to that time, she had been working as a hair stylist.  She also had worked for a gift basket company in the past and also was the owner of a lingerie store.  She claimed that her onset of disability date was October 31, 1995. Continue reading

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