Massachusetts Social Security Disability Lawyers Blog

For more than a year, we have heard on the news about how funding is set to run out on Social Security Disability Insurance (SSDI) benefits unless Congress does something fast. According to a recent news article from the Buffalo News, it seems we are still headed down this dangerous path, which may affect millions of disabled Americans.

It is believed the SSDI fiscal cliff, as it is being called, could cause a 20 percent cut in benefits for millions of people. One representative quoted in the story said he is eager to work with the next Congress to prevent this from happening. As a member of the House Subcommittee on Social Security, he hopes to have such a chance.
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Copeland v. Colvin, an appeal from the United States Court of Appeals for the Fifth Circuit, involves claimant who filed an application for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits in November of 2009. Claimant asserted her disability was based upon knee trouble, heart disease, back problems, and a shoulder injury that all began in October 2009.

The United States Social Security Administration (SSA) denied claimant’s application, and, eventually, a hearing was held before an Administrative Law Judge (ALJ). At the hearing, claimant testified, along with a Vocational Expert (VE), who is an “expert” hired by SSA to determine if claimant is able to perform any type of work locally or even nationally.
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Lott, Jr. v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved claimant who was claiming disability due to insulin-dependent diabetes, high blood pressure, and a mental disorder. A clinical psychologist, Dr. Nichols, diagnosed claimant with psychotic disorder, not otherwise specified (NOS). However he did not administer an IQ test, which is typically done as part of a Social Security Disability Insurance (SSI) “mental retardation” diagnosis.

Claimant’s initial application was denied, and, eventually, he was granted an evidentiary hearing before an administrative law judge (ALJ) at the United States Social Security Administration (SSA). During the hearing, claimant testified that he was 36-years-old and had completed tenth grade in school. He took special education classes in science and math and could not read very well by the time he left school. He cannot understand news articles or even grocery lists. He also cannot count change for a dollar.
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When political arguments arise about the future of the Social Security Disability Insurance benefits system, it is far too easy to look at statistics and forget there are real people involved.

A Boston disability benefits lawyer knows the benefits program provided by the Social Security Administration serves as an important lifeline for many people who are sick or injured and who cannot work. However, others making decisions about cutting benefits or limiting access may not have had much experience with people who actually rely on SSDI benefits to support themselves and their families.

To help make it clear the SSDI benefits program does a lot of good for many people, the Social Security Administration has provided some personal stories on its website. These stories are found in the Faces and Facts of Disability, and they show how many people rely on SSD when they have a serious health problem.
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Disabled individuals applying for Social Security Disability benefits face myriad problems if their initial benefits claim is denied. Appealing becomes necessary, and it can take a year or so to even get a hearing. Once you finally get before an administrative law judge (ALJ), many claims are denied. Having a Boston disability lawyer represent you can give you the best chance of getting a claim approved. It remains a challenge to convince an ALJ to grant the benefits you need and deserve.

Unfortunately, many politicians and pundits have repeatedly been attacking the Social Security Disability benefits system and the judges within it. There are frequent assertions benefits are awarded too easily or too many people are on the receiving end. This may make it even harder for people to get their claims approved as judges become worried about outside scrutiny and take an even tougher stance on denying claims.
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In 2011 as part of a cost-saving measure, the Social Security Administration (SSA) discontinued mailing out annual benefits statements letting people know what they were entitled to receive from the SSA.

Instead of mailing out the hard copies of the statements, the SSA would instead email copies. However, this decision was met with criticism by both consumer advocates and some members of congress who worried workers would not see the updates.

In response to the criticism, the SSA resumed mailing paper statements in September, but only to certain people. Those who will receive paper copies of benefit information under the new mailing system include people who have not registered an account at My Social Security online, as well as people who are not receiving benefits and who are within three months of turning 25, 30, 35, 40, 45, 50, 55 and 60. After the age of 60, workers will get an annual mailed statement.
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Ponder v. Colvin, an appeal from the United States Court of Appeals for the Eighth Circuit, involved a claimant who alleged she had been disabled since January of 2005. Her claim for total disability was based upon depression, anxiety, swelling in her hands and feet, joint deterioration, obesity, chronic obstructive pulmonary disease (COPD), insomnia, tissue pain, fatigue, complications from brain surgery, and other medical conditions.

Claimant stated in her application she can only sit in a chair for less than 45 minutes due to knee pain and can only walk one city block before needing to stop and rest. She also stated that can perform light housework, including cooking, cleaning, and grocery shopping. She can also drive a vehicle and go to church and family visits. Her application for disability benefits was denied.
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