Massachusetts Social Security Disability Lawyers Blog

September 3, 2014

Glenn v. Comm’r of Soc. Sec.: The SSDI Benefits Claim Appeals Process

In Glenn v. Comm’r of Soc. Sec, an appeal from the U.S. Court of Appeals for the Sixth Circuit, the claimant was severely injured in a 2007 car accident. She now suffers from a degenerative disk in her spine, a traumatic brain injury (TBI), dizziness, memory loss, and tendonitis. She also has major depression, slow thought process, hallucinations, and a variety of other psychological conditions, including homicidal idealizations. She also has a chorionic skin condition that causes cysts in her groin area that often makes it difficult for her to walk.

She applied for Social Security Disability Insurance (SSDI) benefits and, after three years of having her claims rejected, she had a hearing before an administrative law judge (ALJ), who also denied her disability claim. She was not represented by an attorney at the hearing before the ALJ.

As your Boston SSDI attorney can explain, for most claimants, the initial application for disability benefits is almost always rejected by the Social Security Administration (SSA). After the first denial, you are allowed to submit an appeal. This appeal goes to a peer review committee that is usually just a single co-worker of the SSA employee who denied your initial claim. This peer review will most likely result in a rejection of benefits as well. At this point, you can request a hearing before an ALJ, though there may be a significant wait time. In Glenn, the claimant had to wait three years.
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August 30, 2014

Millions of Americans Eligible for Social Security Disability

by Jeffrey S. Glassman

A recent story for Fox News discusses how millions of elderly Americans who are living in poverty could be taking advantage of the Supplemental Security Income (SSI) benefits program under the Social Security Administration (SSA).

As our Boston disability lawyers understand, SSI benefits are available to citizens who are over the age of 65, or, if under 65, must be blind or permanently disabled. This program is only for people under a specific income limit, as well.

While statistics reveal that 8 million people are receiving SSI benefits, of that group, only 25 percent of the claimants are over the age of 65. The vast majority of SSI claimants are ether disabled or blind. Researchers believe that nearly half of the eligible seniors are not receiving SSI benefits, despite being qualified.

One of the major reasons that people are not applying for this type of disability benefits seems to be a lack of awareness of the program. The elderly citizens eligible for the disability insurance program are often at a point of poverty where they are skipping meals and unable to heat their homes during the winter.
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August 27, 2014

Police Officer Denied Disability Claim

by Jeffrey S. Glassman

According to a recent article, a former Kentucky police officer has been denied his claim for a disability pension from the city. The former police officer was arrested over a confrontation with a soccer referee and faced a disciplinary hearing.

The officer tried to push the disciplinary hearing back, so that he could have his disability hearing first, but his requests were denied on two occasions. Rather than face discipline from the police department that may have included termination, he decided to resign from the force.

As he was no longer eligible to receive any type of pension due to his resignation, he applied for disability benefits with the city. A disability pension does not require 20 years on the job, but it does require that the claimant be permanently disabled. He was sent to three doctors and, after a hearing, his claim was denied. His attorney said that his claim for disability has nothing to do with the altercation with the soccer referee.

As your Boston disability attorney understands, there is considerable difference between a private disability insurance plan and Social Security Disability Insurance (SSDI). Under a long-term private disability insurance plan, the claimant may be determined to be disabled if, due to injury or illness, they can no longer do the type of work they were doing when they became disabled.
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August 24, 2014

Toland v. Colvin: Medical Testimony at SSDI Hearings

by Jeffrey S. Glassman

Toland v. Colvin, a case from U.S. Court of Appeals for the Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits under separate sections of the Social Security Act.

The claimant’s applications were initially denied and then, upon reconsideration, denied again. Your Boston SSDI lawyer understands that almost all applications receive denials upon the first and even second review. This does not mean claims aren’t worth pursing.

The first employee of the Social Security Administration (SSA) to review your application will issue a denial. You can then apply for reconsideration prior to requesting a hearing before an administrative law judge (ALJ). This first reconsideration is often handled at the peer review level, which literally means the SSA employee in the next cubicle over from the first could be the one selected to conduct a review.
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August 21, 2014

Boley v. Colvin: On SSDI Adjudication Procedures

by Jeffrey S. Glassman

Boley v. Colvin, an appeal argued before the United States Court of Appeals for the Seventh Circuit, involved a claimant whose application for Social Security Disability benefits was denied. The Social Security Administration (SSA) is the federal agency that denied her claim for disability benefits.

As your Boston Social Security Disability Insurance lawyer can explain, the SSA denies most applications for SSDI and SSI benefits as a matter of practice. It is often only after aggressive representation by a disability attorney that claimants are able to obtain the benefits to which they are entitled.

In Boley, the court looked at the time limit for filing an appeal to a denial of a claim by the SSA. Under the regulations, claimants have 60 days to request a hearing from an administrative law judge (ALJ) after their claim is denied. The claimant in this case did not file her notice of appeal for 9 months. However, the reason she waited so long was that her lawyer never received the notice of denial, as required by the regulations.
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August 19, 2014

Social Security Disability Insurance Claims and PTSD

by Jeffrey S. Glassman

According to a recent article in the LA Times, the influx of disability claims related to Post Traumatic Stress Disorder (PTSD) is leading to a variety of problems.

The article follows a 49-year-old man who explains he is so plagued by paranoia when in a crowded situation that he must carry a gun to feel secure. Due to his frequent nightmares and Iraq War flashbacks, he is afraid he might accidentally shoot someone. The psychiatrist evaluating the claimant is skeptical and believes the veteran is exaggerating his PTSD symptoms to get benefits. While these symptoms track exactly to the PTSD guidelines, the administration doctor asserted very few people truly have as many symptoms as this claimant.

As your Boston Social Security Disability Insurance lawyer can explain, it is very difficult to get SSDI benefits for a mental disability without an accompanying physical illness. The Social Security Administration looks to the claimant’s total level of disability. For example, a claimant who has lost an arm may not qualify for benefits, nor would a claimant who is solely suffering from depression, unless it is especially severe. However, a claimant who has lost an arm and suffers from depression would have a greater chance of qualifying.
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August 15, 2014

Hanson v. Colvin: A Critical Look by a Court of Appeals on a Denial of Benefits

by Jeffrey S. Glassman

In Hanson v. Colvin, an appeal heard in the United States Court of Appeals for the Seventh Circuit, the claimant filled for Social Security Disability (SSDI) benefits from the Social Security Administration (SSA) because he was unable to work a full 40-hour week due to acute back pain. The claimant asserted that the back pain would radiate to his leg, making it even more difficult for him to work a full week.

According to court records, the claimant takes a variety of pain medication, including oxycodone and Percocet that he reports helps with pain but does not eliminate it. The application for SSDI benefits was denied, and the claimant appealed to the U.S. District Court, which affirmed the denial by the SSA. The claimant then appealed to the U.S. Court of Appeals.

As your Boston SSDI attorney can explain, the SSA initially denies the vast majority of all claims. If you have an attorney representing you from the beginning of the process, you have a significantly better chance of obtaining a satisfactory outcome, because a lawyer who regularly handles SSDI understands the process.

In Hanson, the appellate court reasoned that the SSA’s denial of the claim for SSDI benefits, and the District Court’s affirmation of the decision was quite possibly based on incorrect information. The information at was issue related to the opinion of two doctors.
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August 13, 2014

SSDI Program in Urgent Need of Help from Congress

by Jeffrey S. Glassman

Our Boston Social Security Disability Insurance attorneys understand the importance of keeping up with current changes with the SSDI program.

According to a recent article in the Wall Street Journal, Medicare’s hospital program expenditures were lower in 2013 than they were in 2012. This is thought to show a leveling off of the increases in health care costs that we have been experiencing. Based upon these promising trends, the Social Security Administration is predicting that it will be able to pay all benefits through the year 2030. The last estimate predicted funding to run out in 2026. Some of this reduction was credited to lower hospitalization rates.

While the Medicare program is doing well as of late, the Social Security Disability Insurance (SSDI) fund will only be able to pay just over 80 percent of current benefits by 2016. One suggestion to help alleviate the strain on the SSDI fund is allocate more of the money from payroll taxes to the SSDI program by reducing the amount allocated to the Medicare program for retired workers.
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August 10, 2014

Williams v. Colvin: Determining the Date of Disability for the Purpose of SSDI

by Jeffrey S. Glassman

Williams v. Colvin, an appeal from the U.S. Court of Appeals for the Seventh Circuit, involved a 44-year-old claimant who applied for Social Security Disability Insurance (SSDI) benefits due to what she called a cascade of physical and psychological events that occurred in 2002. She claimed that she was no longer able to work due to fibromyalgia, which is a neurological condition that can cause extreme neurological pain and emotional distress.

Some of the symptoms of fibromyalgia, as noted by the U.S. Court of Appeals, are musculoskeletal pain, fatigue, memory loss, mood disorders, and general problems with the way in which the brain processes pain. This is a very serious condition that has affected millions of Americans, though it has only recently been accepted as a legitimate illness. For many years, patients suffered unimaginable and debilitating pain, while basically being told they were imagining the illness.

The administrative law judge (ALJ) at the Social Security Administration (SSA) made a finding in 2012 that fibromyalgia did in fact leave the claimant in this case unable to work, but he found that her date of disability for the purposes of obtaining benefits was 2008 rather than 2012.

As your Boston disability attorney can explain, upon a finding of disability by an ALJ, you may be entitled to a retroactive award of benefits, so the date in which you were determined to be disabled is obviously significant.
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August 7, 2014

On SSDI Payments and the IRS

by Jeffrey S. Glassman

Our Boston SSDI lawyers urge claimants to understand that they may be required to pay taxes on any benefits received. If you are the beneficiary of a private insurance plan and also the recipient of SSDI benefits, your insurance plan may require reimbursing them for any benefits collected from the Social Security Administration. However, the insurance company may not be concerned about the tax consequences you may face and the money you may to owe to the IRS.

It is important to keep in mind that private insurance companies and the Social Security Administration are often much more concerned about their respective bottom lines than your wellbeing.

According to a recent story in Forbes, a disabled woman began receiving benefits from her private insurance plan. The plan required that any benefits received under the plan be reduced by any Social Security Disability Insurance (SSDI) she received from the Social Security Administration (SSA).
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