Massachusetts Social Security Disability Lawyers Blog

August 21, 2016

A Look at the Review Period for Disability Benefits

As discussed in a recent news feature from ABC News, the United States Social Security Administration (SSA) will subject a claimant to review process at certain intervals following an award of disability benefits. While in most cases it is just a scheduled or even random review, in some cases the agency does suspect fraud and will require a claimant to undergo a review.

The process by which the SSA will typically request a review is to send a letter to the claimant requesting that the claimant see a certain doctor and have an evaluation as to their condition that qualifies them for disability benefits. This doctor does not necessarily work directly for the SSA, but the doctor does get paid by SSA, so there is certainly some level of bias we see from time to time. Continue reading

August 17, 2016

Hensley v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

U.S. soldiers may be eligible for a number of benefits related to injuries suffered in the course of their service. They should not overlook the possibility of securing SSDI.

In Hensley v. Colvin, a case from the U.S. Court of Appeals for the Eighth Circuit, claimant is a combat veteran who served in the U.S. Army during the war in Iraq and suffered a serious knee injury while deployed. Two years later, he had surgery on his right knee, and he was awarded disability benefits by the Department of Veterans Affairs (VA). He was deemed to have a service-connected disability, which is the requirement to get awarded VA benefits.

Claimant also applied for Social Security Disability Insurance (SSDI) benefits. His basis for claiming that he was disabled is that he suffered from posttraumatic stress disorder (PTSD), pain in his back, pain in his right knee, and a twitching in the nerves in his face. His application for benefits was denied after a finding that he was not disabled under the guidelines of the U.S. Social Security Administration (SSA). The SSA is the agency that is responsible for administering the disability fund and awarding benefits. Continue reading

August 14, 2016

Cole v. Colvin: SSDI Benefits

by Jeffrey S. Glassman

Social Security Disability Insurance (SSDI) benefits are not always easy to come by.

In Cole v. Colvin, as case from the U.S. Court of Appeals for the Seventh Circuit, claimant worked as a welder in 2000 when he was injured in an accident. The accident resulted in him breaking his left arm and his wrist. As a result of these injuries, claimant was required to have a metal plate and steel screws implanted in his arm.

Claimant had been in pain for eight years following the accident, and despite a lot of medical treatment, the pain would not go away. He still worked following the accident and was a factory foreman at the time he had a second serious accident. Continue reading

August 11, 2016

Will Social Security Disability Benefits Reduce My Eventual Retirement Benefits?

by Jeffrey S. Glassman

When people talk about Social Security, they are often talking about the benefits you get when you reach the designated age of retirement. This age of retirement is determined by the year in which you were born, because Congress has raised the retirement age on sliding scale several times over the years as way to save money on the program, which is often running short of funds.

The retirement program is technically called the Old Age and Retirement Benefits program and is administered by the United States Social Security Administration (SSA). This is the same agency that runs the Social Security Disability Insurance (SSDI) benefits program and the Supplemental Security Income (SSI) program. Continue reading

August 8, 2016

SSDI Solvency Spotlighted in 2016 Annual Report

by Jeffrey S. Glassman

The Social Security Administration (SSA) provides benefits to some 60 million people, including 43 million retired workers and their dependents, 6 million who have survived deceased workers and another 11 million disabled workers and their dependents.

That last category is known as Social Security Disability Insurance, or SSDI. A recent annual report from the SSA – all 272 pages of it – highlights some of the issues the program is facing. Specifically, it takes a look at solvency.

First, it’s important to understand that the Social Security Trust Fund, which is fueled by payroll taxes on wage, is not being totally depleted of money. Continue reading

August 5, 2016

SSDI Backlog Creates Long Wait Times for Hearings

by Jeffrey S. Glassman

The Social Security Administration’s growing backlog of disability cases has ballooned in recent years, from about 695,000 in 2010 to more than 1.1 million in 2016.

According to the Office of the Inspector General, that means the average processing time on Social Security Disability Insurance (SSDI) hearings went from 415 days up to 498 days. It’s not uncommon to hear of people waiting up to two years – just to get a hearing to decide whether they are eligible for benefits.

Congress has promised to take steps to reduce that backlog, but they have been saying that for years and the problem continues to worsen. Continue reading

August 2, 2016

So Your Boston SSDI Benefits Got Cut Off…

by Jeffrey S. Glassman

Recipients of Social Security Disability Insurance (SSDI) benefits in Boston know what an uphill battle it can be to secure payments. What they may not realize is that once benefits are obtained, that isn’t the end of the story.

The fact is, all SSDI benefits claims are periodically reviewed upon approval. How often and with what degree of scrutiny will depend on the type of illness claimed and the stated prognosis at the time benefits were awarded.

For some facing an upcoming review of benefits, it’s advisable to consult with an attorney, just to make sure you aren’t overlooking any aspect that could jeopardize future payments. Continue reading

July 30, 2016

CATO Institute Argues Against Using Social Security Administration to Stop Gun Purchases

by Jeffrey S. Glassman

We have been hearing a lot about guns in the news lately. Following the horrific shooting at the Orlando nightclub, many have renewed their fight to ban assault weapons. There are, of course, those on the other side who feel that there should be not be any restrictions on the right to purchase firearms, as that would violate a citizen’s Second Amendment right.

Regardless of where you come down on this issue, one of the ways that some are trying to accomplish this is by having the United States Social Security Administration (SSA) have the power to deny a person who is collecting disability benefits for mental health reasons from purchasing a firearm.

July 27, 2016

Social Security Disability Judges Allegedly Used Racial and Sexual Terms on Claimants’ Applications

by Jeffrey S. Glassman

When you apply for Social Security disability benefits, you first have to decide which type of benefit is appropriate. In many case, if you have a work history and have become disabled, you will be applying for what are known as Social Security Disability Income (SSDI) benefits. This program requires that you have worked for a certain number of quarters prior to applying for benefits. The exact number of benefits will be dependent upon your age.

For example, a 21-year-old worker how has been employed for a few years prior to becoming disabled would not need to have worked as long as a 30-year-old worker in most cases. The way the system is designed is to function much like private long-term disability insurance in which you pay into the system through your federal tax withholding. With a private disability insurance plan, either you or your employer would pay a premium to obtain coverage like you do with any other private insurance plan. Continue reading

July 25, 2016

Attmore v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

In Attmore V. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, a claimant applied for and was awarded benefits based upon her being diagnosed with bipolar disorder. Bipolar disorder is a condition for which the United States Social Security Administration (SSA) will consider a claimant to be disabled within the meaning of the agency guidelines.

In this case, claimant worked last in April 2007. She was no longer able to work and quit after she had several breakdowns that did not allow her to get out of bed and go to work. The following year she was in the hospital on three occasions because of her bipolar disorder. In one of these cases, she allegedly tried to commit suicide and was in the hospital for around two weeks. Continue reading