Massachusetts Social Security Disability Lawyers Blog

April 23, 2016

Taskila v. Comm’r of Social Sec.: SSDI Appeals

Taskila v. Comm’r of Social Sec., a case from the United States Court of Appeals for the Sixth Circuit, involves a claimant who is not yet 40-years-old and has suffered numerous serious health problems. The vast majority of her health problems are a result of three separate car accidents in which she was involved.

In 1996, the car in which she was a passenger in crashed into a ditch. Ten years later, she was in a car that crashed into a tree, and four years after that, she was in a car that crashed into a deer. In addition to the three serious car accidents, she had surgery to have a mass in her breast removed and was seen by an orthopedist to treat the pain she was experiencing in one knee. All of these separate injuries and illnesses caused her to suffer, and she claimed on her application for Social Security Disability Insurance (SSDI) benefits that she also had terrible pain in her back and neck. She also claimed to have suffered from depression and anxiety and well as carpal tunnel syndrome (CTS) and incontinence. As result of all of her serious medical problems, she was unable to work. Continue reading

April 19, 2016

KKC v. Colvin: Disability Benefits Cases

by Jeffrey S. Glassman

KKC v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves a federal disability claimant who dropped out of high school in the 11th grade. He went to work in various jobs, including being a cook, a restaurant server, an employee at a fast food restaurant and eventually the manger. In addition to working in the food service industry, he also worked as an electrician’s assistant.

Unfortunately, many in the restaurant industry become heavy smokers, and this claimant was no different. As those who have worked in the food and beverage industry know, in most jobs you do not really get any breaks as you do in other types of jobs, despite relevant labor laws. The only practical way to get a break is to say you are going out back (usually by the dumpster behind the kitchen) to go smoke a cigarette. Continue reading

April 15, 2016

Study: SSDI Work Incentive Programs Have Limited Success

by Jeffrey S. Glassman

The payout of Social Security Disability Insurance (SSDI) benefits have become a highly politicized issue in recent years. There has been a growing (albeit erroneous) consensus among some politicians that SSDI benefits are far too easy to obtain and too many people are avoiding viable work options because it’s “easier to stay home and collect a check.”

One need only look at the rigorous eligibility requirements and application process to see why that’s not true. But if you’re looking for more evidence, turn your eye to the latest research by the Center on Budget and Policy Priorities. The study authors looked at the various programs over the last 25 years imposed by Congress to push SSDI recipients to return to work.

These include the “Ticket to Work” program in 1999 that provided vocational rehabilitation for recipients to the most recent Benefit Offset National Demonstration (BOND) program that reduces a person’s disability benefits by $1 for every $2 they earn (making benefits $0 when they reach Substantial Gainful Employment Activity – SGA). Unsurprisingly, none of these efforts have had much impact on the government’s bottom line or the number of recipients.

Why? Because despite the rhetoric that the SSDI program is too expensive and has become bogged down with waste and corruption, the reality is people who are receiving SSDI have very limited work capacities. That is: They are not committing fraud. They are not taking more than their fair share. They are not able to work and simply refusing to do so. They are disabled – and they had to go through a rigorous vetting process to prove it. Even those who may have limited work capacity aren’t likely to return to a situation where they can do so in a way that will allow them to be self-supporting in the long-term. Continue reading

April 11, 2016

SSDI vs. SSI – Boston Disability Attorneys Explain the Key Differences

by Jeffrey S. Glassman

Learning about federal benefits can feel a bit like stirring a bowl of alphabet soup: SSI, SSA, SSDI, SSN and more.

Many people are overwhelmed when they first start to sift through pamphlets and informational websites. Sticking with it is worth it, though, because you never know when disability may afflict you or your loved one. Knowing which benefits you are eligible for and how to obtain them are critical.

Two of those that are routinely confused: SSDI and SSI. Not only are they similar acronyms, but they serve somewhat similar purposes. Both provide financial aid to persons who are disabled and, in some cases, their families. The main difference is how eligibility is determined. Continue reading

April 8, 2016

Obama: Permanently Disabled Student Loan Forgiveness

by Jeffrey S. Glassman

Those deemed permanently disabled by the Social Security Administration (SSA) are entitled to Social Security Disability Insurance (SSDI) benefits, assuming they worked for a time prior to the onset of their disability.

They are also, unlike almost every other former student, entitled to student loan debt forgiveness. However, very few took advantage of this, despite the fact that many struggle to meet the basic needs of themselves and their families.

Now, the Obama administration is making a point to root out and identify those who have this been designated totally and permanently disabled and forgive their student loans – a total of $7.7 billion in federal student loans. Continue reading

April 5, 2016

Dimmett v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

In Dimmett v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant applied for Social Security Disability Insurance (SSDI) benefits from the United States Social Security Administration (SSA). Claimant was 62 years old at the time his appeal was heard.

The reason he claimed disability was due due to asthma, asbestosis, chronic obstructive pulmonary disease (COPD), and heel spur in one foot. The administrative law judge (ALJ) heard the case and determined he was not disabled within the meaning of Social Security disability regulations. Continue reading

April 1, 2016

Allensworth v. Colvin: SSDI Hearings and Appeals

by Jeffrey S. Glassman

Allensworth v. Colvin, a federal disability appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was appealing denial of Social Security Disability Insurance (SSDI) benefits application.

It should be noted that the United States Seventh Circuit often tends to favor claimants more so than other circuits, and this is especially true of Judge Posner. In this case, Posner not only heard the case but also drafted the opinion for the court.

Claimant asserted that his back began to hurt in 2008. The pain got worse over time and spread to his legs. When he went to his doctor, tests were done, and it was determined the main cause of his problem was a herniated disk, but he also had severe arthritis. He received treatment for these medical conditions in 2010. Continue reading

March 27, 2016

Mabry v. Colvin: Social Security Disability for Mental Illness

by Jeffrey S. Glassman

Mabry v. Colvin, a federal disability case from the United States Court of Appeals for Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI).

Claimant initially filed for disability benefits in March 2011, claiming he was disabled and thus unable to work due to a combination of ailments. He claimed he was not able to work due to having paranoid schizophrenia, anxiety with panic attacks, morbid obesity and depression. His educational history consisted of graduating from high school and going to college for a year before dropping out due to his anxiety and depression. Continue reading

March 23, 2016

Liner v. Colvin: SSDI Appeals

by Jeffrey S. Glassman

Liner v. Colvin, a federal disability case from the United States Court of Appeals for the Eighth Circuit, involved a review of the residual functioning capacity (RFC) of a claimant who was denied Social Security Disability Insurance (SSDI) benefits.

Claimant first filed an application for SSDI benefits with the United States Social Security Administration (SSA), and his application was denied. At this point, he filed a written appeal. This written appeal was denied, but it should be noted that nearly every written appeal of a denial of benefits is denied as well. Continue reading

March 20, 2016

Allman v. Colvin: Disability Benefits Cases

by Jeffrey S. Glassman

Allman v. Colvin, a case from the United States Court of Appeals for the Tenth Circuit, involved a claimant who alleged he was unable to work due to having a shunt in his brain, back pain, depression, anxiety, severe headaches and spina bifida.

During a hearing before an administrative law judge (ALJ), it was determined that he had a residual functioning capacity (RFC) allowing him to perform many different jobs in the national economy, and the judge denied his application for disability benefits. ALJs use an archaic index of jobs known as the Dictionary of Occupational Titles (DOT) that was largely drafted during the 1970s. This book has a bunch of odd sounding job titles that are supposedly available at some place in the United States at any giving time. This is opposed to finding job listings in the local economy, where the claimant is actually looking for employment. No surprisingly, many disabled Americans do not want to leave their families and travel to another state for the opportunity to work a low wage job while being disabled. However, this is exactly what ALJs often decide they should do. Continue reading