Massachusetts Social Security Disability Lawyers Blog

As the campaign season for the party presidential nominations moves along, we continue to hear about the Social Security disability programs, including the Social Security Disability Insurance (SSDI) program and the somewhat lesser known Supplemental Security Income (SSI) program.   Mostly, it is the GOP hopefuls who are intent on overhauling the United States Social Security Administration (SSA), and in some cases even shutting down the entire agency and privatizing the disability benefits system in the United States.

The main reason for these proposals is a rather misguided belief that the vast majority of Americans claiming a disability are basically pretending to be more ill than they are (malingering), because they would rather stay home and collect a check than work for a living. This is the basic “entitlements” argument, and, for the most part, it could not be farther from the truth. Continue reading

When determining if someone is disabled, or still disabled once they have already been awarded benefits, the United States Social Security Administration (SSA) first must determine if claimant engaged in substantial gainful activity during the period when claimant asserted that he or she was disabled. This is technically the first part of a five-part test that is supposed to be used by all SSA administrative law judges (ALJs).

Basically, the first question is whether claimant worked enough while he or she was disqualifying the applicant from claiming a disability for the purpose of being awarded Social Security Disability Insurance (SSDI) benefits. If the claimant had worked too much, then he or she would not be entitled to benefits. If claimant was already receiving monthly disability benefits and went back to work part time, he or should would likely have all benefits terminated. This, however, creates a major problem, as Congress doesn’t want people who could work staying out of the workforce for fear of losing benefits, so they have created the ticket to work program as a way to ease back into the workforce without losing benefits until claimant can support him or herself. Continue reading

People often use term “entitlements” or “entitlement program” when they are speaking out against the state and federal social service programs that allow people to take care of their families and make ends meet. While there are many misconceptions about the Social Security Disability Insurance (SSDI) program, it is not a program that anyone could rightfully call an entitlements program.

The reason for this is because the Social Security Disability Insurance program works a lot like a private insurance policy that covers a long term disability. In order to qualify for SSDI, a worker must be employed for enough consecutive fiscal quarters to earn the requisite number of credits. If an employee has enough quarterly credits at the time of becoming disabled, he or she is said to have paid into the system. This is much like paying a premium in a private long term disability plan. Continue reading

Pearson v. Colvin, a case from the United States Court of Appeals for the Fourth Circuit, involves a claimant who had worked at a variety of different jobs. He was a press operator at a plastics factory and a grounds keeper to name a couple. Claimant was working at his last job when he was laid off in February 2009.

Six weeks after being laid off from his job, he applied for Social Security Disability Insurance (SSDI) benefits. He claimed his disability was related to spinal arthritis, degenerative joint disease, and a torn rotator cuff in one shoulder. He also said he suffered from shin splints, artery disease in his lower extremities, irritable bowel syndrome (IBS), a hiatal hernia, post-traumatic stress disorder (PTSD), anxiety, and depression. Continue reading

With the days getting shorter and the weather getting colder, many are getting ready for the cold Boston winter by unpacking their winter coats, buying rock salt, and making sure their cars have good tires for the snow. While all of these things are important, a recent news feature from Wicked Local Duxbury reminds us that we should also be preparing for possibility of suffering from a mental or physical disability.

As the author discusses, most people are unaware of the actual risk of being stricken with a disability. Statistics from the United States Social Security Administration (SSA) and other government data show that approximately 56 million Americans are currently living with a disability. This translates to one in five Americans living with a disability. Nearly 40 million, or one in ten Americans, are living with what the agency defines as severe disability. However, it should be noted that this does not mean all of these people are receiving either Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. Depending on how the estimate is calculated, there are currently somewhere between 9 million and 11 million Americans currently receiving Social Security Disability Insurance or Supplemental Security benefits. Continue reading