Massachusetts Social Security Disability Lawyers Blog

February 15, 2015

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

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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January 27, 2015

Rand Paul Says Many Receiving SSDI Benefits Gaming System

by Jeffrey S. Glassman

With the upcoming war in Congress over whether to increase funding to the Social Security Disability Insurance (SSDI) program, the issue is getting a lot of press. Recently, according to a news article from MSNBC, Senator Rand Paul has gone on record claiming many SSDI beneficiaries are gaming the system and not really disabled.

Paul is quoted as suggesting many disabled Americans receiving SSDI income do not deserve the benefits they are getting. He said while there some in the program who deserve benefits; there are many who do not. Specifically, Paul said, “if you look like me, and you hop out of your truck, you shouldn’t be getting your disability check.”

Paul further asserted more than half of disability benefits recipients are getting money by claiming their back hurts or they are anxious.
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January 25, 2015

Social Security Benefits for Disabled Veterans

by Jeffrey S. Glassman

With all the troops forward deployed to places like Iraq and Afghanistan during the global war on terror, we are seeing more and more young men and women returning home from the battlefield with severe and permanent disabilities.

Some of these disabilities are physical in nature and involve loss of one or more limbs, traumatic brain injury (TBI) and other health issues caused by fighting in the Middle East. Many others were lucky enough to return without suffering physical injuries, but now suffer from debilitating mental conditions such as post-traumatic stress disorder (PTSD).

When these wounded warriors return home, many of them will be given a medical discharge while others will simply separate from their military service with no benefits at all.
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January 23, 2015

Social Security Disability Claims Process

by Jeffrey S. Glassman

Much of the news coverage about the Social Security Disability Insurance (SSDI) program deals with the upcoming budget shortage, which may reduce benefits by 20 percent by 2016 should congress fail to act. However, a recent news article from Huffington Posts looks at how the system works for claimants and what you need to do to qualify for benefits.

Social Security Disability Insurance is a federal benefits program administered by Social Security Administration (SSA). SSA also manages the Social Security retirement programs, but those funds come from a different budget than SSDI benefits.

SSDI was created to provide those who disabled, and thus unable to engage in gainful employment, with a source of benefits on which they can live. A disability can be defined as physical or mental in nature or a combination of both. The disability must be expected to last more than 12 months or likely to result in death of claimant. While this may seem straightforward, the application process is anything but straightforward. For this reason, the author recommends you contact an experienced Social Security disability benefits attorney before applying for benefits, as this will greatly increase your chance of obtaining an appropriate award of benefits from SSA.
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January 22, 2015

Minnick v. Colvin: Proving Disability

by Jeffrey S. Glassman

In Minnick v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, claimant saw his doctor in January of 2009 with complaints of lower back pain radiating down both legs. His doctor opined the pain was muscular in nature. He also found a secondary cause to be deconditioning and obesity. Doctor suggested claimant may have fibromyalgia.

When his condition did not improve after some time, doctor ordered an MRI of claimant’s lumbar spine. MRI scan revealed lumbar spondylosis, a bulging disc, and hypertrophic degenerative spur formation. Doctor made a diagnosis of lumbar spondylosis and recommend claimant walk to lose weight and also prescribed Vicodin to help with pain.
In December of 2009, claimant had another series of X-rays and MRIs which showed disc space narrowing and mild spinal stenosis. There was also evidence of disc protrusion and moderate mass effect on two nerve roots.
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January 18, 2015

Congress Ready to Fight Over SSDI Funding

by Jeffrey S. Glassman

With changes in Congress we are seeing following this past election, it is hard to watch the national news or use the internet without hearing about what the next big fight will be. One of the issues that must be decided soon is what will happen to the Social Security Disability budget.

Social Security Disability Insurance (SSDI) is essentially a government-run insurance policy. Employees and their employers pay taxes into the Social Security fund. Some of that money is used to pay for SSDI. Much of it is used to pay for Social Security retirement insurance. The United States Social Security Administration (SSA) runs both programs.
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January 12, 2015

Comedian Denied Disability Benefits after Being Hit by Subway Train

by Jeffrey S. Glassman

According to a recent article from Media Bistro, a comedian passed out on the platform of a New York City subway station and was hit by a train. This occurred while she was coming from an audition to be on Saturday Night Live.

The South Carolina comedian is still recovering from the accident, which occurred this past February. She is now in Greenville as she tells her story of what happened. In 2014, she came to New York City to pursue her comedy career. She was homeless, but was doing well professionally. She had an agent and an interview with Saturday Night Live. After fainting and falling on the tracks where she was hit by a train, she found herself recovering from the serious accident at Belleview hospital where she was accruing huge medical bills. She did not have health insurance. Her friends helped raise around $75,000, but that was not enough to cover her medical bills, which were approaching $500,000.

She has applied for disability benefits on two occasions and was denied both times. The article does not go into the reasons for her being denied, other than people telling her she was too young for disability benefits.
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