Massachusetts Social Security Disability Lawyers Blog

March 18, 2015

Same Sex Couples Sue for Denial of SSDI Benefits

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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March 15, 2015

Former MLB Player: Easier to Win a World Series Than Get SSDI

by Jeffrey S. Glassman

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.
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March 14, 2015

Social Security Disability Insurance Benefits for Kidney Disease

by Jeffrey S. Glassman

According to a recent news article from the Palm Beach Post, people with kidney disease may be eligible to receive Social Security Disability Insurance benefits. As March is National Kidney Disease Awareness Month, the U.S. Social Security Administration (SSA) is taking the time to speak about kidney health and how patients may be entitled to benefits.

Kidneys are essential in cleansing the blood, and kidney disease can prevent this from happening.

Medical researchers estimate one in three Americans is at elevated risk for kidney disease. The Centers for Disease Control (CDC) estimates there are around 20 million Americans suffering from kidney disease, and many of them have no idea.

One patient interviewed for this news article is an emergency room employee who led an active life at home and work and regularly performs community service. He was driving to work and became very ill. He had to call a co-worker to help him get to work that day. He was soon diagnosed with kidney disease.

This patient’s story is also featured on SSA’s website, where he describes how people suffering from kidney disease are in a better position to provide for themselves and have a better quality of life if they are receiving disability benefits.
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March 12, 2015

Conflicting Reports on SSDI Program Future Abound

by Jeffrey S. Glassman

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.
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March 8, 2015

Social Security Disability Budget Crisis Examined

by Jeffrey S. Glassman

For the past year or so, we have news article after article detailing the crisis facing the Social Security Disability Insurance (SSDI) fund. According to the United States Office of Management and Budget (OMB), full funding for the SSDI and Supplemental Security Income (SSI) budget will soon no longer be available and will result in a 20 percent budgetary shortage.

This is a major concern to the nearly 9 million Americans currently receiving Social Security disability benefits and the unknown number of Americans who will be applying for benefits in the near future or are already involved in the lengthy application process.

According to a recent piece inNews-Press.com, this will result in dollar-for-dollar reductions of almost 20 percent for those already receiving benefits.

In other words, if you receive a $1,000 monthly check in Social Security disability benefits, your check will be cut to approximately $800. This will understandably create a major hardship for those depending on Social Security disability benefits to make ends meet in Massachusetts and across the nation.

As the article points out, some Congress members are using this as an opportunity to claim most people receiving Social Security benefits are claiming they have a bad back so they can “get rich.” However, when you look at the actual numbers of benefits being paid, this is far from accurate. The average monthly award for Social Security disability benefits is around $1,500, and this is not making anyone rich. This is especially true when you consider you cannot work if you are on total disability. This is because the program was specifically set up to make sure people couldn’t make more from not working then they could from working.
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March 7, 2015

Burrell v. Colvin: Denial of Disability Benefits

by Jeffrey S. Glassman

Burrell v. Colvin, a Social Security Disability appeal from the United States Court of Appeals for the Ninth Circuit, involves claimant who became disabled in December of 2007. Claimant suffered pain and headaches for years prior to filing for disability benefits. Her conditions were related to serious neck and back conditions including a tumor near her cervical spine. She also suffered from a disc herniation and other degenerative disorders, including a broad-based disc bulge.

Her doctors followed the progress of her disc diseases from the early 1990s through 2009. In 2009, she had back surgery after suffering from a seizure. For years, claimant also experienced a noticeable tingling in her left hand.

Following surgery, she had trouble gripping things with her left hand. During her disability benefits hearing before an administrative law judge (ALJ), claimant testified she had at least two seriously debilitating migraine headaches per week. When she had a headache, all she could do to manage the pain was to lie still in a dark room for the rest of the day. Due to her neck and back pain, she was only able to sit or stand for limited periods of time.
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March 3, 2015

Congress Working to Fund Disability Benefits Program

by Jeffrey S. Glassman

The United States Social Security Administration (SSA) oversees Social Security Disability Insurance (SSDI) benefits as well as Supplemental Security Income (SSI) benefits. SSA is the same agency that oversees Social Security Retirement benefits; however, funding does not come from the same source.

While most funding for SSA comes from payroll deductions from employee’s earnings and quarterly payments from self-employed individuals, money for retirement and disability funds go into separate pots. Congress can also approve this money to be supplemental by additional federal funding.

Historically, when one of the two SSA funds was running low or a predicted shortfall was nearing, Congress would reallocate funds from one fund to the other to keep both programs running at or near full strength. While some see this as merely kicking the ball down the road for future generations to deal with, it has become a necessity to avoid making tens of millions of disabled and elderly Americans suffer the consequences of a budgetary shortfall.
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February 27, 2015

Adaire v. Colvin: Contradictory Evidence in SSDI Hearings

by Jeffrey S. Glassman

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.
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February 24, 2015

Hall v. Colvin: Evidence in Disability Cases

by Jeffrey S. Glassman

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.
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February 21, 2015

Zirnsak v. Colvin: Sufficiency of Evidence in SSDI Cases

by Jeffrey S. Glassman

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.
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