Massachusetts Social Security Disability Lawyers Blog

March 7, 2015

Burrell v. Colvin: Denial of Disability Benefits

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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February 18, 2015

Curvin v. Colvin: Credibility Determinations in Disability Cases

by Jeffrey S. Glassman

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.
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February 15, 2015

Zavalin v. Colvin: Supplemental Security Income (SSI) Benefits

by Jeffrey S. Glassman

When people think of Social Security disability programs, they are often thinking of the Social Security Disability Insurance (SSDI) program. This program is designed for people who worked a certain number of years, depending upon claimant’s age, and then suffered a disability. It is essentially a government run insurance program where, instead of paying a premium to a private insurance carrier, workers contributed a portion of their income to the Social Security Administration (SSA) by means of a Social Security tax. In should noted for reasons important to the projected budgetary crisis facing disability insurance, it is not the same fund used for Social Security retirement benefits.

However, SSDI is not the only disability benefits program the SSA runs. There is also a program for children and low income elderly Americans suffering from a disability known as Supplemental Security Income (SSI). SSI requires certain disabilities, and a low income, but does not require claimants to have a work history, as does SSDI.

In Zavalin v. Colvin, an SSI appeal from the United States Court of Appeals for the Ninth Judicial Circuit, claimant was born in Russia and had suffered severe impairments since childhood. His disabilities include cerebral palsy, a severe speech disorder, and a learning disability. Claimant and his family moved to the United States when he was 13, and he began receiving SSI benefits.
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February 12, 2015

Fight to Stave Off Cuts to SSDI Program Begins

by Jeffrey S. Glassman

The Social Security Disability Insurance benefits program has long been a punching bag of politicians seeking popularity by preying on common misconceptions about the program.

Opponents seeking to slash the program argue benefits are too easy to obtain, workers who receive benefits aren’t really as disabled as they purport and the government spends way too much money on the program.

In reality, it’s tough to secure benefits, and only a small percentage of those who apply are approved during the first round. The guidelines for approval are stringent, and those who ultimately secure benefits are often quite ill. Not only that, they are former workers who have paid into the program.
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February 8, 2015

Sprinkle v. Colvin – Attorney’s Fees Covered With Inflation Considered

by Jeffrey S. Glassman

Having an attorney to represent you through the Social Security Disability Insurance claims process is a smart move, not only because it alleviates the burden on the claimant, but also because it’s been proven that doing so improves a claimant’s success rate.

However, the primary reason why people refrain from such action is concern relating to the cost.

In some cases, attorneys may be able to offer services to SSDI clients on a contingency-fee basis, meaning the attorney isn’t paid unless you are. Keep in mind too, courts will sometimes specifically set aside a separate payment just for your attorney, particularly if the fight for benefits was hard-fought.
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February 3, 2015

Fugate v. Comm’r of Social Sec. – Workers’ Comp May Affect SSDI Benefits

by Jeffrey S. Glassman

Those seeking Social Security Disability Insurance benefits (or those who are already beneficiaries) need to know receiving workers’ compensation is likely to offset the amount they receive from SSDI.

While former workers can be eligible for both at the same time, the Social Security Administration typically requires in such situations that SSDI benefits be reduced so the total monthly amount a worker takes in is no more than 80 percent of what was earned when he or she was fully employed.

The process by which a disabled person’s SSDI benefits are reduced by workers’ compensation is referred to as an “offset.” Offsets are done both for monthly workers’ compensation benefits, as well as lump sum awards.
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