Massachusetts Social Security Disability Lawyers Blog

Anyone who has ever gone through the Social Security Disability claims process administered by the United States Social Security Administration (SSA) knows it can be a daunting task. This is especially true of those who decide to try to get benefits without the assistance of an experienced disability attorney.

Basically, the system is set up in way to deny valid disability claims and take advantage of unrepresented claimants’ lack of experience with the system.

According to a recent article from Fox Atlanta, former Major League Baseball player Brian Doyle, who played second base for the New York Yankees during their winning bid for the 1978 World Series, is saying it was easier to win the World Series that it is to get approved for Social Security disability benefits.

Despite his exceptional performance in the 1978 World Series, the utility player had only racked up a .161 batting average over the span of his career and retired from playing three years later to work as a coach. Several years after his retirement from playing, Doyle was diagnosed with leukemia. While his cancer went into remission, he was left with various debilitating conditions to his legs and upper extremities he says was a result of the chemotherapy and other treatment.
Continue reading

With the upcoming budget crisis in the Social Security Disability Fund taking center stage in the national debate, it should come as no surprise different news agencies express different opinions on the situation.

A recent article from Los Angeles Times business desk is asking why The Wall Street Journal used very old data as its basis for attacking the Social Security Disability system.

The Wall Street Journal (WSJ) article at issue made claims that the system originally designed to help vulnerable members of society has “morphed” into a “benefits bonanza” at the expense of the taxpayers. Their crux of WSJ’s concerns was administrative law judges (ALJ) should not have the power to reverse denials, and that ALJs are reversing far too many denials and approving benefits awards for those who do not truly need it.
Continue reading

Adaire v. Colvin, an appeal form the United States Circuit for the Seventh Circuit, involved a disability claimant who became disabled as a child due to sclerosis. When he was 15 years old, surgeons implanted rods into his spine to correct the curvature, which had reached 57 degrees. Medical professionals consider any curvature greater than 50 degrees to be severe.

The rods helped his spine curvature significantly and reduced it to a much lower 15 percent, but he still suffered from tremendous back pain, according to court records. As he got older, doctors also diagnosed claimant with cognitive disabilities, but they could not say whether or not they were related his sclerosis.
Continue reading

Hall v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, features an opinion written by Judge Posner.

Judge Posner is an appellate judge who typically drafts opinions rather critical to administrative law judges (ALJ) who denies an application for benefits, despite obvious evidence claimant is disabled and entitled to benefits.

In Hall, claimant applied for Social Security Disability Insurance (SSDI), and an ALJ denied his claim. Claimant was an aviation mechanic discharged from military service in 2001. He suffered an ankle injury, and the Veteran’s Administration determined claimant to be 70 percent disabled, and, “more importantly” to Judge Posner, to be unemployable in any substantially gainful employment and therefore “totally disabled.”

Claimant applied for Social Security Disability Insurance (SSDI) benefits in 2010, and Social Security Administration (SSA) denied his application. He based his application for benefits on grounds his ankle problem, back problems, and other impairments made it impossible for him to work.
Continue reading

Zirnsak v. Colvin, a disability benefits appeal from the United States District Court for the Third Circuit, involved claimant who was involved in a serious motor vehicle accident in 2001. In this accident, claimant suffered head trauma, lung injuries and bone fractures. Following her car accident, she was in a hospital for approximately five weeks.

She was on life support during hospitalization, and, upon being released, was sent to a rehabilitation facility. After four days at rehabilitation, she returned to the hospital to her have gangrenous gallbladder removed. Doctors then sent her back to her rehabilitation facility. There she stayed for nearly three years. In February of 2003, she suffered a seizure and was treated and prescribed anti-seizure medication. She did not have any additional seizures, but had further plastic surgery for lipoma reductions. A lipoma is a lump that develops between skin and muscle tissue.

During the years following her accident, she underwent treatment for conditions related to her traumatic brain injury (TBI), including memory loss, left hemispheric cognitive impairments, organic affective changes, and seizure disorder. In April of 2010, a doctor performed an assessment of her mental residual functioning capacity (RFC) and determined she had the ability to engage in sustained work activity.
Continue reading

Curvin v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved claimant who filed for Social Security Disability Insurance (SSDI) benefits. In March 2010, claimant applied for disability benefits after becoming disabled in January of 2009. Her disabilities included glaucoma, trouble sleeping, thyroid disease, knee pain and hypertension.

Social Security Administration (SSA), the federal agency charged with oversight of social security disability benefits, denied claimant’s application. Claimant then went through the five-step review process before SSA granted her a hearing before an Administrative Law Judge (ALJ).

In August of 2011, after a hearing, ALJ determined claimant was not disabled within the meaning of SSDI guidelines and denied her appeal. His first finding when he denied claimant’s appeal was his finding she had not engaged in gainful employment since onset of her disability. He then found her glaucoma was a severe impairment, but her other stated impairment were not severe in his opinion, based on evidence submitted during her hearing.
Continue reading