Massachusetts Social Security Disability Lawyers Blog

January 13, 2016

Social Security Disability Insurance (SSDI): What Constitutes Substantial Gainful Activity

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

January 10, 2016

A Look at How Income Affects Social Security Disability

by Jeffrey S. Glassman

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

January 7, 2016

Pearson v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

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

January 4, 2016

Hunter v. Social Security Administration, Commissioner: SSDI Denials and Appeals

by Jeffrey S. Glassman

Hunter v. Social Security Administration, Commissioner, a case from the United States Court of Appeals for the Eleventh Circuit, involves a claimant who filed two applications for disability benefits with the United States Social Security Admiration (SSA). Two different administration law judges (ALJs) held hearings on the respective applications.

Claimant filed her first application in February 2012. The judge found she was not disabled during the period of disability. At this point she filed an appeal with the district court so that could review ALJ’s denial of her first application. During the pendency of this appeal, she filed another claim for disability benefits with SSA. While it may seem odd that she would file a second claim while her appeal was still pending, it is important to understand how desperate a disabled person is for Social Security Disability Insurance (SSDI) benefits in order to pay bills and make ends meet. Continue reading

January 1, 2016

Dominguez v. Colvin: Social Security Disability Denials

by Jeffrey S. Glassman

Dominguez v. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, involved a plaintiff who applied for Social Security Disability Insurance (SSDI), and the United States Social Security Administration (SSA) denied her claim.

On her initial application for Social Security disability benefits, plaintiff stated she was disabled because she suffered from agoraphobia, gastroparesis, back pain, morbid obesity, dementia, and carpal tunnel syndrome (CTS). Her application was denied on a finding that she was not in fact disabled. Continue reading

December 28, 2015

Hill v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

Hill v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, deals with appeals from a Social security Disability Insurance (SSDI) denial of benefits at a hearing before an administrative law judge.

The claimant, who was 56 years old at the time of the appeal, worked for more than a dozen years at a steel factory. She was responsible for lifting and transporting steel sheets that were extremely heavy. According to court records, some of the steel sheets weighed as much as 100 pounds. Continue reading

December 24, 2015

Social Security Disability Benefits Info for Massachusetts Residents

by Jeffrey S. Glassman

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

December 20, 2015

Report: Thousands Do not Receive Social Security Disability Checks this Month

by Jeffrey S. Glassman

There is no question that applying for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits can be a long and difficult process, especially for the claimant who is not represented by experienced disability counsel. Once a claimant finally gets declared disabled and is deemed eligible for Social Security benefits, he she will obviously depend on those benefits to make ends meet and help take care of his or her family. If those benefits were to stop being deposited in claimant’s bank account without warning, that would not only be inconvenient, but could subject a claimant to a significant hardship.

According to a recent news article form Kiro 7 News, thousands of Supplemental Security Income beneficiaries were shocked to discover the monthly direct deposit for their disability benefits was not made last month. The United States Social Security Administration (SSA) has stated that there was some kind of problem with the Supplemental Security Income benefits payment file. Continue reading

December 16, 2015

Differences Between SSDI and SSI

by Jeffrey S. Glassman

The United States Social Security Administration (SSA) is the federal agency responsible for the oversight and administration of the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs. These are two different programs. While both programs are designed to provide benefits for disabled Americans, they operate differently and have different requirements for qualification for disability benefits.

In a recent news article from Public Opinion, a manager from a local SSA office explained the difference between Social Security Disability Insurance and Supplemental Security Income. As the manager describes, Social Security Disability Insurance is based upon the prior earnings of a disabled claimant. This program obtains funding by taxes workers pay into Social Security taxes, which are withheld from each paycheck. Continue reading

December 12, 2015

Report: Excessive Waits for SSDI Hearing

by Jeffrey S. Glassman

When a claimant applies for Social Security disability benefits, it can be a somewhat lengthy process. The first step in the process is to submit an application for Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits. Regardless of the type of benefits applied for, you submit the application to the United States Social Security Administration (SSA), as that is the federal governmental organization responsible for administering the Social Security disability programs. SSA also administers the Social Security Old Age and Retirement fund, with which most people are familiar.

Once you submit the application, there is a good chance SSA will deny it, because they deny more than half of all applications without much regard to the merits of the application. Once an application has been rejected, claimant can submit it for reconsideration. This first appeal is typically done as a part of a peer review process, and it is a coworker of the employee who made the initial denial that is responsible for evaluating whether the denial was warranted or not. As one could imagine, it is not very likely that a denied application will be approved at this stage in the process. Eventually, a claim will be given a hearing before an administrative law judge (ALJ). Continue reading