Massachusetts Social Security Disability Lawyers Blog

July 30, 2016

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

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

July 23, 2016

Why Was My Social Security Disability Claim Rejected?

by Jeffrey S. Glassman

According to the U.S. Census Bureau, nearly 57 million people – or 1 in 5 – have some type of disability. More than half of those conditions are categorized as “severe.”

In some cases, when disability onset occurs after years of working, disability insurance coverage can help a person to keep their heads above water until they can return to work. However, those suffering from a more severe condition that will result in a year or more off work are going to need more help than that. This is where Social Security Disability Insurance (SSDI) can help. These benefits can provide long-term financial relief for those coping with severe, ongoing disabilities. However, they must first qualify.

Although the number of SSDI applicants has more than doubled in the last 20 years, approximately two-thirds of applicants are denied. Whereas about half of applicants were approved in 1999, only about one-third were in 2014. This does not mean you should not bother applying. What it does mean is you’ve got to be prepared to make the best case possible before the Administrative Law Judge (ALJ). This is why having an SSDI attorney can be so valuable. It also means you need to understand the common reasons people’s SSDI claims are denied. This can help you avoid some common errors. Continue reading

July 21, 2016

Social Security Disability Insurance: Myth v. Fact

by Jeffrey S. Glassman

Much is misunderstood when it comes to Social Security Disability Insurance (SSDI). Some refer to it as an “entitlement program” or a type of “welfare,” when in fact recipients pay into it the whole time they are working. Others think it’s ridiculously easy to attain benefits, when the truth of the matter is many claimants wait months or even over a year, and often have to endure multiple levels of appeal.

Still, if you have been reluctant to apply for SSDI because you have been disheartened by some of the horror stories, know that your chances are much better when you’ve got an experienced, dedicated advocate on your side. In most cases, that help can be secured with a contingency fee arrangement, which means you don’t pay anything up front.

Here, we’ve complied a list of some of the most common SSDI myths we routinely here, and offer you some cold, hard facts to help you make an informed decision about whether to move forward on a case. Continue reading

July 17, 2016

SSDI Can Affect Long-Term Disability Insurance

by Jeffrey S. Glassman

When people play into a long-term disability insurance plan through their work, they expect that this will help them remain financially stable in the event of a serious injury or illness that renders them unable to work for extended periods. They may also understand that they are entitled to collect benefits through other avenues, such as workers’ compensation and Social Security Disability Insurance (SSDI). What may be less obvious is the way in which these benefits can counteract one another.

Recently, a news station in Nebraska outlined what can happen when people try to stack coverage from other sources.

According to WOWT NBC-6, the couple in question were both happy and seemingly healthy for years. Married for 27 years, they both worked full-time. But then, the 53-year-old husband suffered a stroke. Suddenly, he was unable to walk or talk or complete basic tasks. He’s learning now to feed and bathe himself and how to communicate. His wife had no choice but to quit her job to care for him 24-7.

“I can’t go to work because he needs me the whole time,” she told the reporter. Continue reading

July 14, 2016

Help! My SSDI Claim Was Denied By the Appeals Council

by Jeffrey S. Glassman

There is no doubt that the quest for Social Security Disability Insurance (SSDI) benefits can be an arduous one. Unless you have a condition that is exactly specified by the Social Security Administration (SSA), you’re facing an uphill battle to prove you’re unable to work.

In fact, the majority of initial claims are denied. At that point, you have the choice of whether to appeal to that determination to the Appeals Council. The council can do one of a few things at that point: Refer the claim back to the administrative law judge for a review of the initial decision, review a claim directly or uphold the ALJ’s original decision.

No matter what stage you are in the process, having an experienced attorney to guide you through the most viable step is important. If it’s worthwhile to keep fighting, you’re going to need a strong advocate. If your claim isn’t likely to win, you need someone who will tell you that too. Continue reading

July 13, 2016

Julin v. Colvin: SSDI and SSI Appeals

by Jeffrey S. Glassman

In Julin v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits from the U.S. Social Security Administration (SSA) in December 2009. An SSDI claim is filed under what is known as Title II of 42 U.S.C. Section 432 and is often referred to as a Title II claim.

Claimant also filed a Title XVI claim under 42. U.S.C. Section 1382, which is a program known as Supplemental Security Income (SSI). In applications for both benefits, she claimed her disability started in mid February 2004. Her claims were that she suffers from anxiety, depression, and obsessive-compulsive disorder. Claimant asserted that these mental health conditions make it impossible for her to work, because she had trouble keeping her focus, lacked energy, was unable to concentrate, could not maintain a normal schedule, and was unable to engage in normal social relationships. Continue reading

July 11, 2016

Boston Social Security Disability Question: Can I Work?

by Jeffrey S. Glassman

Is it possible to work while still receiving Social Security Disability Insurance (SSDI) in Boston? What about working in the year before you obtain benefits?

The technical answer is yes, but it can be a thorny road if you don’t first consult with an attorney. That’s because the whole premise of SSDI is that you are too injured or ill to work. If you simply take a job or continue working without first determining what this will mean for your benefits, you could run into trouble and risk either:

A) Not being awarded benefits in the first place;
B) Losing the benefits you have.

Each individual situation is going to be different, and that’s why it’s important to discuss your options with a lawyer. Continue reading

July 9, 2016

Successfully Applying for Social Security Disability Insurance

by Jeffrey S. Glassman

Successful application of Social Security Disability Insurance benefits is a multi-pronged process. It can seem daunting to many people, and in truth, it can be a tedious, drawn-out process.

The good news is that with an experienced Boston SSDI attorney, it can be a much less arduous journey.

Still, there are some things you should understand about the process, given that the Social Security Administration reportedly received almost 2.7 million applications to the program in 2013 and coffers are expected to dry up by 2022, unless an alternate funding source is identified. That means the agency is growing increasingly choosy with who it approves. In fact, only about 36 percent of claims filed between 2004 and 2013 were approved. Of those:

25 percent were approved on initial claim;
2 percent were approved on appeal;
11 percent were approved at hearings.