Massachusetts Social Security Disability Lawyers Blog

April 5, 2015

Social Security Agencies Push for Stricter Reporting in Disability Cases

The United States Social Security Administration (SSA) is responsible for managing the Social Security Disability Insurance (SSDI) program, the Supplemental Security Income (SSI) program, and of course, the Social Security retirement program.

Social Security disability insurance benefits are made available to claimants who can no longer work due to injury or illness. A worker must have been employed for a certain about of time (broken up into quarterly credits), so that he or she has paid into the system, before SSA will approve claimant to receive disability benefits.

The Supplemental Security Income benefits program is designed to provide money for children of low income families and disabled elderly claimants. This program does not require claimant to have ever worked or worked enough to build up a certain number of credits, but it does have strict income requirements that must be met.
Workers’ compensation benefits are provided by private insurance companies or a state injury fund, and disputes between workers and their employers’ insurance companies are adjudicated by state agencies. The main difference between workers’ compensation benefits and Social Security benefits is that workers’ compensation is designed for those injured on the job, whereas Social Security Disability Insurance benefits claimants normally suffer from an illness or injury that is not work-related or is no longer covered by workers’ compensation. In some cases, a claimant may be compensated by both workers’ compensation benefits and Social Security disability benefits.
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April 3, 2015

Social Security Benefits Finally Awarded – Upon Death of Claimant

by Jeffrey S. Glassman

According to a recent news article from NBC 11, the husband of a woman suffering with amyotrophic lateral sclerosis (commonly called “ALS” or “Lou Gehrig’s disease”) had been fighting with the United States Social Security Administration (SSA) for nearly a decade before benefits were finally awarded only days before his wife’s death.
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April 1, 2015

Difficulties in Obtaining Disability Benefits

by Jeffrey S. Glassman

Every week, we see a new rash of news articles about the fate of the Social Security Disability Insurance (SSDI) program. Most focus on the fact that by the end of 2016, the Social Security Administration (SSA) will not have enough money in its budget to pay all disability awards. There is expected to be a 20 percent reduction in the budget if Congress doesn’t act quickly to fix the pending deficit.

One way to fix this predicted crisis is to shift money from the Social Security retirement benefits to the SSDI and Supplemental Secularity Income (SSI) benefits fund. The retirement fund is currently fully funded through 2030, so if money is reallocated to the disability fund, there is time to work on a long-term solution or do another funds shift at some point in the future. This is what Congress has done numerous times in the last 60 years in which Social Security has been in existence.

However, many in the media and Congress are using this as chance to discuss all alleged problems with Social Security, and many want to use this opportunity to cut or privatize the program. This would result in a tremendous hardship to millions of Americans who depend on disability insurance to make ends meet and are truly too disabled to work and take care of their families.

One of the claims by opponents of the SSDI and SSI program is that it is too easy to get disability insurance, and most claimants are gaming the system, to the use the terminology of Senator Rand Paul. There has been a lot of focus on how benefits are particularly easy to get in Ohio, where administrative law judges (ALJs) tend to side with claimants, according to critics.
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March 30, 2015

Disability Benefits and Boston’s Homeless

by Jeffrey S. Glassman

It is hard to walk to down the street in downtown Boston without seeing those who live on the city streets. While it is never easy to be without a home, it was especially difficult during this harsh winter that has just ended. The Boston Globe published a recent article in the Metro section that looked at the homeless population in our city and their struggle to obtain Social Security disability benefits.

During the month of February, over 300 city officials and volunteers spend an evening walking the cold dark streets to conduct the city’s annual count of homeless residents. This winter has not only been particularly brutal in terms of cold temperatures and snowfall, but a large homeless shelter closed as well. This was, of course the Long Island Shelter, which city officials had to evacuate this winter with the close of the Long Island Bridge.

With the bridge connecting Long Island to Quincy in a dangerously dilapidated condition, city officials made a quick move to close the bridge to all traffic and evacuate the island shelter of hundreds of homeless and recovering drug addicts. While they city has been working on a temporary and eventually permanent solution, many from the shelter ended up on the street.
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March 28, 2015

Voigt v. Colvin: Social Security Disability Appeals Process

by Jeffrey S. Glassman

Voigt v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, involves claimant who applied for Social Security Disability Insurance (SSDI) benefits, only to have the Social Security Administration (SSA) denied his application.

Claimant was 40 years old at the time he applied for SSDI benefits. Claimant was employed as a trained machinist until 2002. It was then that he applied for total disability. His claimed disability was primarily related to mental illness, including severe depression and bipolar disorder, as well as chronic back pain, hip trouble, and an anal fissure.

When he first applied for benefits, SSA denied his application. After a series of appeals, he was able to have a hearing before an administrative law judge (ALJ). ALJ determined claimant was capable of working at lower paying unskilled jobs, so he was therefore not disabled within SSA guidelines. Claimant tried to take PAXIL to help with his mental health issues from 2001 to 2008, but he stopped taking the drug, because he was having a problem with adverse side effects.
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March 26, 2015

Mascio v. Colvin: Disability Benefits Appeals

by Jeffrey S. Glassman

Mascio v. Colvin, an appeal from the United States Court of Appeals for the Fourth Circuit, involved claimant who applied for Supplemental Security Income (SSI), and the Social Security Administration (SSA) denied her claim for benefits.

Claimant based her request for disability benefits on the fact she suffers from a degenerative disc disorder, carpal tunnel syndrome (CTS), and an adjustment disorder. Adjustment disorder is a psychological illness related to stress that makes it difficult for patients to engage in normal social situations or workplace situations.

She had a hearing before an administrative law judge (ALJ), who determined claimant was not disabled. Claimant timely appealed this decision, and the appellate court reversed ALJ’s decision and remanded the case for a new hearing before a different ALJ.
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March 24, 2015

Wounded Warriors Denied for Social Security Disability Benefits

by Jeffrey S. Glassman

During the height of the wars in Iraq and Afghanistan, it was impossible to watch the news without seeing the consequences to brave men and women of our armed forces. Many were killed, and even more were sent home with serious disabilities caused by improvised explosive devices (IEDs) and other combat-related injuries, including traumatic brain injury (TBI).

According to a recent news article from Forbes, wounded service members have been sending open letters to their respective Congress members asking for help with the Social Security Disability Insurance (SSDI) benefits application process. One of those letters was from a medically discharged U.S. Army soldier. He describes how he became disabled and what has happened since getting back to the United States.

After he completed his last combat tour, he was assigned to the Army’s Wounded Warrior Program at Fort Knox. Medical professionals at the program evaluated claimant and had him undergo two surgical procedures. He also went to physical therapy and received treatment to manage his pain. He applied for SSDI benefits in May of 2013. It took them nearly an hour to verify he was even eligible to apply for SSDI as a member of the Wounded Warriors, despite him immediately showing them a Social Security Administration (SSA) publication about Wounded Warriors’ right to SSDI benefits. Once he was allowed to apply, SSA denied his application, finding he was still employable. He had to file an appeal to this denial.
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March 22, 2015

Disability Advocates Urge SSDI Reforms

by Jeffrey S. Glassman

If you are disabled and in the process of applying for Social Security Disability Insurance (SSDI) benefits, or are currently a recipient of SSDI benefits, you are probably paying close attention to the massive news coverage of the impending budgetary shortfall facing the Social Security Administration (SSA) run disability benefits program.

A recent news feature from Town Hall is urging Congress to take action before it’s too late. The problem stems from the fact that SSA runs various programs funded by different sources. First, there is the Social Security retirement benefits program millions of elderly Americans rely upon to survive when they reach the ever-increasing age of eligibility. In addition to this program, with which most of us are familiar, there are two programs to help disabled Americans. One is the Social Security Disability Insurance program, and the other is the Supplemental Security Income program (SSI).
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March 20, 2015

SSDI and SSI: What’s the Difference?

by Jeffrey S. Glassman

Many disabled Americans know the United States Social Security Administration (SSA) has programs for which they can apply if they are disabled, but they often do not know about the specifics of the various disability benefits programs.

A recent article from the Daily Local News takes a closer look at the differences between the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program.

On the surface, the main difference noted in this article is the SSDI program essentially pays benefits based upon a claimant’s disability and work history, whereas SSI pays benefits based upon a claimant’s disability and a low-income level.
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March 18, 2015

Same Sex Couples Sue for Denial of SSDI Benefits

by Jeffrey S. Glassman

According to a recent article from Metro Weekly, representatives of same sex couples have filed a lawsuit against Carolyn Colvin in her capacity as Director of the United States Social Security Admission (SSA).

Plaintiffs claim after the Supreme Court of the United States (SCOTUS) struck down provisions of the Defense of Marriage Act (DOMA) pertaining to Social Security benefits for couples in a same-sex marriage, SSA continued to deny them benefits for a year after the landmark decision in the Windsor case. Gay and Lesbian Advocates and Defenders (GLAAD) and Justice and Aging have filed this class action lawsuit on behalf of plaintiffs.

Court papers alleged SSA was constitutionally required to recognize plaintiffs’ same-sex marriage after Windsor, but chose not to do so for a year. Now that SSA is recognized same-sex marriages, they are going back and trying recoup what they consider over-payments of Supplemental Security Income (SSI) benefits.
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