Massachusetts Social Security Disability Lawyers Blog

July 22, 2015

More Politics Over Fate of Social Security Disability Program

With the presidential election drawing closer, Republican candidates have ramped up their number of comments about what do to fix the program. While the candidates appear resolute in their vows not to fund the program in the near future, Congress recently passed a resolution making it more difficult to shift funds from the Social Security retirement fund to the Social Security disability fund.

A recent news feature in the Huffington Post looks at how the Republican Party will have to do “something” with respect to the impending budgetary crisis involving the disability program, even though they may not yet have a clear approach. One member of Congress featured in this article is Rep. Paul Ryan, a Republican member of the House of Representatives from Wisconsin.

Ryan is currently chairing the House Ways and Means Committee. Continue reading

July 18, 2015

White House Urges Congress to Fund Social Security Disability Program

by Jeffrey S. Glassman

The candidates for the Republican presidential nomination have been making big headlines for the past several months talking about the problems with the Social Security disability benefits fund and how it is running out of money. While the candidates are not suggesting any specific plan for fixing the situation, they say a major overhaul is needed before agreeing to allocate additional funding to the program. Continue reading

July 15, 2015

Appealing a Social Security Disability Benefits Denial

by Jeffrey S. Glassman

Applying for Social Security Disability Insurance (SSDI) benefits without the help of an experienced attorney can be one of the most frustrating processes you can imagine. A recent article from the Bradenton Herald takes a closer look at the application and appeals process by asking a series of frequently asked questions and providing the answers. Continue reading

July 13, 2015

Number of Americans on Social Security Disability Benefits Increasing

by Jeffrey S. Glassman

According to a recent news feature from Forbes, the media focus on the Social Security Disability Insurance (SSDI) and the United States Social Security Agency (SSA), which oversees the disability benefits program, is nothing new.

In 2013, NPR ran a series explaining how the number of Americans collecting disability benefits was increasing and showed the SSDI program as being outdated and mismanaged. It also implied many of the people collecting Social Security disability benefits were exaggerating their illnesses or other disability to get benefits to which they were not rightfully entitled. The exaggeration of benefits is known as malingering by administrative law judges (ALJs) who oversee hearings and make determinations as to whether a denial of benefits by SSA employees was correct. Continue reading

July 10, 2015

Social Security Disability Benefits for Children

by Jeffrey S. Glassman

When people think of the Social Security disability benefits program, they are normally thinking of the Social Security Disability Insurance (SSDI) program. SSDI is a program where workers have taxes withheld from their paychecks each pay period. Some of the tax withheld goes to federal and state income and some goes to fund federal benefits programs like the Social Security programs. However, the money is then further divided and some goes to fund the Social Security retirement fund and some goes to fund the Social Security disability programs. SSDI is one of these programs.

After paying taxes by working for a specific number of fiscal quarters in a row, workers earn credits into the SSDI program. Essentially, every worker is paying a premium for disability insurance in case that worker suffers an injury or illness that causes a disability and prevents that person from working full or part time. Continue reading

July 6, 2015

Budget Problems with Social Security Disability Insurance Program

by Jeffrey S. Glassman

There has been a lot of news lately about the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) programs, which are both facing a major budget shortfall. It is estimated that if Congress does not agree to reallocate funds from the Social Security retirement system by the end of 2016, the program will be out of money and unable to operate at full capacity.

In other words, by late 2016, over 9 million Americans will have their Social Security disability benefits cut by nearly 20 percent. Many of these disabled Americans will not be able to make ends meet or take care of themselves and their families with only 80 percent of their benefits. It should be also be noted, the system was designed so people could not make as much sitting at home and collecting benefits, so even at 100 percent of their benefits, a disabled individual is only making around two thirds of what they made before becoming disabled.

According to a recent report from Bloomberg, the program itself has various issues that should be corrected, aside from seeking money from Congress. First, the author looks at the history of the Social Security disability program. The United States Social Security Administration (SSA) and the Social Security Retirement program was already up and running, as it had been created by Roosevelt as part of the New Deal plan to get out of the Great Depression when Eisenhower added a disability benefits program in 1956. Continue reading

July 3, 2015

National Cancer Survivors Day and Social Security Disability

by Jeffrey S. Glassman

The first day of June each year is National Cancer Survivors Day across America. Many of these cancer victims have managed to survive the deadly disease but are still unable to return to work. Even after cancer has been removed and patients have gone into remission, many are left with significant health issues from surgical complications and weakened or non-existent immune systems from chemotherapy and radiation treatments necessary to remove and kill tumors.

According to a recent news feature from The Daily Courier, many of these cancer survivors must turn to the Social Security Administration and their Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits to economically after they have survived cancer. Continue reading

July 1, 2015

Social Security Administration Restores Disability Benefits to Hundreds

by Jeffrey S. Glassman

According to recent news article from Kentucky.com, the United States Social Security Administration (SSA) has decided to reinstate benefits for hundreds of disability claimants whose benefits they had earlier suspended. There will be a full investigation and hearing to determine eligibility before any benefits are terminated. This will help ease the fear of imminent economic hardship and “ruin” benefits termination has caused to many families.

The trouble for these hundreds of disabled Americans began when SSA became concerned that nearly a thousand Social Security Disability Insurance benefits recipients had received benefits to which they may not be rightfully entitled. Rather than conduct an investigation and then make decisions as to whose, if any, disability benefit would be terminated, SSA sent out around 900 letters to disability benefits recipients announcing their disability benefits were to be immediately terminated. Continue reading

June 28, 2015

Johnson v. Colvin: Social Security Disability Benefits

by Jeffrey S. Glassman

Johnson v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves claimant who suffered from a variety of serious medical conditions including, morbid obesity, chronic asthma, depression, post-traumatic stress disorder (PTSD), anxiety, and intellectual functioning impairment.

Claimant has never been employed and only completed school through ninth grade. She never obtained a GED and never learned to drive a car nor obtained a license to drive. When she applied for Supplemental Security Income (SSI) benefits, the United States Social Security Administration (SSA) required her to undergo a series of cognitive and behavioral tests performed by a Ph.D. of their choosing. Continue reading

June 25, 2015

Engstrand v. Colvin: Denial of SSDI Benefits

by Jeffrey S. Glassman

Engstrand v. Colvin, a case from the Unites States Court of Appeals for the Eighth Circuit involves claimant who was working as a dairy farmer before becoming disabled. Claimant worked until he turned 47 years old. He had been suffering from various health conditions prior to becoming disabled, but it was his diabetic neuropathy and osteoarthritis which both became unbearable. His last day at work was in July of 2010.

In his claim for Social Security Disability Insurance (SSDI) benefits, claimant alleged he first became disabled in July of 2007. He was initially denied when he applied for SSDI and appealed several times in writing before requesting a formal hearing before an administrative law judge (ALJ). Continue reading