Massachusetts Social Security Disability Lawyers Blog

September 24, 2015

New Report on Social Security Disability Rolls

According to a recent news article from the Los Angeles Times, Social Security disability recipients have been a virtual “punching bag” for those who are opposed to funding the United States Social Security Administration (SSA).

However, it seems like they do not have evidence to support their long-standing scapegoating practice. A blue-ribbon Technical Panel group recently performed a full analysis of the Social Security programs and released a report to the Social Security Board of Trustees. A lot of this report focused on the reasons for the somewhat recent increase in the number of Americans receiving disability benefits. Continue reading

September 21, 2015

Greek v. Colvin: Social Security Disability Appeals

by Jeffrey S. Glassman

In Greek v. Colvin, a case from the United States Court of Appeals for the Second Circuit, claimant suffered from diabetes mellitus type one (Juvenile Type One Diabetes) and has not managed to keep the disease under control. As a result of his uncontrolled diabetes, doctors considered his condition to be “brittle diabetes.”

As complications, or secondary conditions, to the unchecked diabetes, claimant also suffered from memory loss and an altered mental state. These two secondary conditions were directly related to swings in blood glucose levels. The first doctor to submit an opinion in connection with claimant’s Social Security Disability Insurance benefits application began treating claimant for diabetes in 2007. This doctor noted claimant was not able to manage his diabetes in a way that would prevent serious complications from occurring. Continue reading

September 19, 2015

Report: National Panel Wants to Know How Disability Benefits are Being Awarded

by Jeffrey S. Glassman

There has been a lot of talk lately that Social Security Disability Insurance (SSI) benefits and Supplemental Security Income (SSI) benefits will have to be cut by nearly 20 percent by late 2016 if Congress does not decide to fund the program soon. This would obviously be devastating to roughly 10 million Americans, and this is simply not acceptable. However, in addition to how much money is being spent on disability benefits in the United States, according to a recent article from the Boston Globe, a national panel is calling for additional investigation into how that money is being distributed.

This was the recommendation in national report on the subject, which found some pretty striking issues about how SSA is awarding benefits. For example, the report found that in Hawaii, North Dakota, and Colorado, less that one percent of all indigent children were awarded benefits for Attention Deficit Hyperactivity Disorder (ADHD), as well as various other mental health conditions, while in the Commonwealth of Pennsylvania, more than five percent of indigent children are receiving Supplemental Security Income benefits for the same medical conditions. Continue reading

September 16, 2015

Social Security Disability Benefits Options Help Children with Cancer

by Jeffrey S. Glassman

Anyone at any age can develop cancer without prior warning. While many people may not be aware of this unfortunate fact, each year thousands of newly diagnosed cancer patients in the United States will be under the age of 20 at time of diagnosis, according to a recent news feature from Tribune Star. Many of these victims are young children. It is hard to imagine anything worse than being told your child has cancer, and, as September is National Childhood Cancer Awareness month, it is worth taking a brief moment to think about these young victims and their families.

While many people are aware of the Social Security Disability Insurance (SSDI) program, which is designed to proved benefits for disabled adults who can no longer work due to a disability, many are not aware of the Supplemental Security Income (SSI) program, also administered by the Social Security Agency (SSA), and how it may be able to provide benefits to families caring for a child diagnosed with cancer. Continue reading

September 13, 2015

Report: Terminally Ill Claimants Still Forced to Wait for Social Security Disability Benefits

by Jeffrey S. Glassman

Everyone who has suffered a disability and is contemplating filing for Social Security Disability Insurance (SDDI) benefits is probably aware that it is often a difficult process to get their applications for benefits approved by the Social Security Administration (SSA). And the process takes a long time to complete.

It would make sense that people who are terminally ill and may not have a long time left to live would be given priority to obtain approval for their SSDI benefits, and SSA even has some specific cases where this occurs, but the reality of the situation is that most people, including the terminally ill, have at least six months of waiting before getting approved for benefits. This is assuming they get approved, which, for many unrepresented claimants, is also no easy task. Continue reading

September 12, 2015

Misconceptions about Social Security Disability Claimants

by Jeffrey S. Glassman

There are many common misconceptions about the millions of Americans with disabilities who collect Social Security Disability Insurance (SSDI) benefits. As noted in a recent article from AZ Central, many people think that the Social Security Disability Insurance program pays money to people who never worked a day in their lives, so they can continue to stay at home and not work.

This misconception could not be farther from the truth. In reality, the Social Security Disability Insurance program is only available for people who not only worked to earn a living but also worked long enough to qualify for benefits. As the name implies, the Social Security Disability Insurance program is a kind of insurance policy for every working American who pays taxes. Continue reading

September 8, 2015

Hesseltine v. Colvin: SSDI Denials and Appeals

by Jeffrey S. Glassman

In Hesseltine v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant graduated from high school in 2003. However, she graduated with a sixth grade reading level and was assessed as having a mental functioning level within in the “borderline range.”

Her disability issues first presented when claimant was a young child. At age eight, she was giving an IQ test and scored a full-scale IQ of 70. As part of the breakdown, she received a raw 72 in processing and 73 in verbal ability. A school mental health professional administered the test and determined her IQ and mental functioning level was within the borderline range. Continue reading

September 6, 2015

A Look at Some Supposed Myths Surrounding Social Security Disability Insurance

by Jeffrey S. Glassman

According to a recent article from Everyday Health, there are many myths that mislead people, in terms of applying for Social Security Disability Insurance (SSDI) benefits and what will happen after being awarded disability benefits.

This first myth listed is that it is not worth applying because you will just be rejected anyway. While it is certainly true that a large number of claimants will have their applications denied initially, this does not mean you should not bother to apply. Continue reading

September 2, 2015

Possible Raise in Social Security Benefits

by Jeffrey S. Glassman

For the last two years, we have been hearing a lot about how the Social Security disability fund will run out of money in late 2016 if nothing is done. The Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program comprise what people are talking about when they refer to Social Security disability. The United States Social Security Administration (SSA) administers both the SSDI and SSI programs, and the benefits money comes from the agency’s disability fund.

In addition to the disability fund, there is also a Social Security retirement fund. That fund is used to pay for the Social Security retirement benefits people are generally referring to when they say someone is collecting Social Security. While SSA administers both funds, the money, which is collected in the form of tax withholdings, must be maintained in separate funds, because they are for separate purposes. However, until Congress passed a recent law, if the money was running low in one fund, it could easily borrow money from the other fund, so that there was no reduction in benefits. This is what has happened several times during the roughly 60 years the disability program has been in existence. Continue reading

August 28, 2015

Supplemental Security Income (SSI) Disability Benefits – A Closer Look

by Jeffrey S. Glassman

Social Security Disability Insurance (SSDI) benefits are available to workers who paid taxes long enough to have “paid into the system” and have become disabled for reasons other than an on-the-job injury. On-the-job injuries are typically covered by workers’ compensation benefits.

However, in the case of disabled children, the elderly, and blind individuals, it may be difficult or impossible to qualify for Social Security Disability Benefits due to the fact these people may never have worked, or even if they had worked at one time, had not worked long enough or recently enough to have paid into the system. One can only pay into the system by working enough fiscal quarters immediately prior to becoming disabled, and thus having earned enough quarterly credits. Continue reading