Massachusetts Social Security Disability Lawyers Blog

May 29, 2014

Tobeler v. Colvin – Competent SSDI Lay Witnesses Can’t be Excluded Without Comment

In filing for Social Security Disability Insurance in Boston, many applicants recognize that they are going to have to produce copious amounts of medical documentation, test results and likely testimony from numerous doctors and other professionals.

What few may realize is that equally important could be the testimony provided by so-called “lay witnesses.” These are individuals who aren’t necessarily speaking as professionals, but can attest to your condition, its progression and the impact it has had on your ability to work and attend to every-day functions.

There is no question the court is going to hold a doctor’s expert opinion in high regard. Physicians generally retain a lack of bias, and administrative law judges respect when they put the weight of their education, knowledge and training behind a diagnosis.
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May 26, 2014

SSDI Compassionate Allowance List Expands

by Jeffrey S. Glassman

A growing number of those diagnosed with severe debilitating conditions can now seek an expedited approval process for benefits through the Social Security Disability Insurance program.

Among the new listed conditions granted approval for the bureaucratic fast-track:

Angiosarcoma
Atypical Teratoid/Rhabdoid Tumor
Chronic Idiopathic Intestinal Pseudo Obstruction
Coffin-Lowry Syndrome
Ethesioneuroblastoma
Gian Axonal Neuropathy
Hoyeaal-Hreidarsson Syndrome
Joubert Syndrome
Lipsarcoma (those with recurrent or metastatic)
Malignant Ectomesenchymoma
Prostate Cancer (Hormone Refractory Disease or with visceral metastases).

The announcement of this expansion is great news for those with these conditions. It means they and their families will be able to secure benefits within a matter of days or weeks, rather than months or years.

However, most would be best served by the aid of an experienced Boston SSDI attorney to help guide them through the process. (Even those with the listed conditions can benefit from having legal representation, as there are still a significant number of claims that are turned down and require additional work.)
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May 22, 2014

Task Force Urges Higher Education for Intellectually Disabled

by Jeffrey S. Glassman

Education and career preparation for individuals with disability is positive for our communities as well as individuals and families. According to recent reports, a Massachusetts task force is recommending that students with intellectual disabilities, including autism, be included in higher education. The panel recommends students be able to participate alongside peers, even if they have not passed necessary tests. The task force recommends that the state expand a program that would allow students with intellectual disabilities who are between the ages of 18 and 22 to enroll in college classes.

While working to include these students can be positive, legislators, teachers, and families must keep in mind the long-term financial and security needs. Our Boston SSDI attorneys are disability rights advocates committed to helping individuals with intellectual and physical disabilities successfully recover their necessary benefits. We are committed to raising awareness about disability issues that impact our communities and staying abreast of legal issues throughout the state.
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May 18, 2014

Collecting Disability Benefits After Stroke

by Jeffrey S. Glassman

A stroke can happen in seconds and even go unnoticed, but the consequences can be lasting and life-altering. If someone you love has recently suffered a stroke, you may feel overwhelmed, not sure of what steps to take next. Whether your loved one has already been released from the hospital or you are still waiting to find out what impact the stroke has had, it is never too early to consider planning for the future. In the event of a stroke, families can apply for Social Security Disability Insurance to help protect financial security.

Our Boston SSDI attorneys are dedicated to providing effective counsel and advocacy to help families collect the benefits they need and deserve. Here are some facts to remember about filing for disability benefits after a stroke:

Stroke is the leading cause of adult long-term disability. Stroke is a serious medical event and can leave victims severely disabled. Statistics show that 15 to 30 percent of victims will be permanently disabled. Disability can range from paralysis and movement issues to sensory disturbances, inability to speak, memory and cognitive issues, as well as emotional disturbances. The inability to work after a stroke is not uncommon and may last for weeks, months, years, or even permanently.
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May 15, 2014

DeLong v. Comm’r of Social Sec. – Entitlement to SSDI Benefits Must Be “Strongly Established”

by Jeffrey S. Glassman

Anyone who thinks that obtaining Social Security Disability Insurance benefits is a cakewalk (i.e., numerous political pundits) has obviously never had to endure the process.

Even for those with clear impairment, a benefits awared can take years, and is often complicated by several denials before claimants win final approval.

Our Boston SSDI lawyers mention this not to discourage claimants from filing, but to encourage them to be fully prepared. A big part of that involves making sure the chosen legal firm has a wealth of experience in successfully guiding clients through the process.
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May 13, 2014

The Costs of Denying Benefits to Mentally Ill

by Jeffrey S. Glassman

Millions of Americans suffer with mental illnesses, including depression, severe anxiety, obsessive compulsive disorder (OCD), bipolar disorder, schizophrenia, and other debilitating conditions that can impact the ability to work or manage day to day tasks. In a USA Today special report, investigators show that those with the most severe disabilities are falling through the cracks of the system without the necessary care and financial support.

Mental illness has always been distinguished from physical disabilities and for those who suffer, it can be difficult to garner empathy or support from family, peers, employers, or the government. Our Boston SSDI attorneys understand the struggles faced by individuals who suffer from mental illness and are dedicated to helping them seek support and necessary benefits. We are also abreast of research and trends that impact the lives of Americans with physical and mental disabilities.
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May 9, 2014

Study: Disabled in Massachusetts Suffer More Health Problems

by Jeffrey S. Glassman

Individuals who suffer from disability may have difficulty accessing proper nutrition and medical care. In addition to the inherent complications of having a disability, this could make individuals with disability more susceptible to disease and other healthcare problems. According to a recent report, Massachusetts residents with disabilities suffer more health conditions than those without disabilities. The report found both physical and mental health conditions are worse for those in the disabled community because they don’t have access to medical care to suit their needs.

The disabled community has a more difficult time because of physical or mental impairments and in seeking necessary care and benefits. Transportation, employment, healthcare, and other necessities that we take for granted maybe out of reach or simply more complicated to access for those with illness or disability. Our Boston SSDI attorneys understand the hardships faced by individuals in the disability community as well as their loved ones. We are committed to helping the disabled recover necessary benefits. We are also abreast of disability research and are committed to raising awareness to improve health and living conditions for the disabled community.
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May 1, 2014

Prostate Cancer Added to Compassionate Allowances List

by Jeffrey S. Glassman

The Compassionate Allowances List streamlines the application process for individuals who suffer from debilitating or life-threatening diseases. The Social Security Administration has recently announced that prostate cancer, a common cancer among males, has been added to the Compassionate Allowances List. Prostate cancer patients and their loved ones should know that applying for Social Security Disability benefits can be completed through an easier and faster process.

A cancer diagnosis can leave any family feeling overwhelmed and unprepared for the future. How will you pay for treatment? How will your family be able to cope without an income? Our Boston Social Security Disability benefits attorneys understand the stresses faced by cancer patients and their families. Our priority is to help you get the benefits you need so that you and your family can focus on recovery. Prostate cancer is a condition that the government recognizes as life-altering and potentially
life-threatening, affording victims the right to streamline the application process.
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April 30, 2014

Boston Marathon Raises Awareness of the Disabled Community

by Jeffrey S. Glassman

The Boston Marathon bombing in 2013 raised worldwide awareness for individuals who have suffered from an amputation as a result of trauma or a disease. This has led to increased research and development in the area of prosthetics. In addition to specific attention paid to cases of amputation, the Boston Marathon, in general, has historically been an event that has raised awareness for disabled athletes in Boston, nationally, and in the international community.

According to an ESPN report, it has been 40 years since the first wheelchair competitor crossed the finish line. Since then, the race has been a meeting point of accomplishment for thousands of athletes who suffer from amputation, spinal cord injuries, hearing loss, or visual impairments. Our SSDI attorneys in Boston are advocates for individuals who live with disability. While we applaud the efforts of all athletes, we also acknowledge the hardships, financial and otherwise that can impact the disabled and their families. Our priority is to help individuals with disabilities recover the financial support and compensation they need through the Social Security Disability Insurance program.
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April 29, 2014

Rodysill v. Colvin – Seeking SSDI Overpayment Waiver in Boston

by Jeffrey S. Glassman

There is definite relief associated with receiving approval of your Boston Social Security Disability Insurance claim.

But that might not be the last time you need an attorney. If the Social Security Administration determines at any point that you’ve been overpaid benefits, the agency can come after you to collect the difference. This is true regardless of whether the error occurred because of an administrative oversight or your own failure to provide updated or sufficient information to the agency.

Our Boston SSDI lawyers have handled numerous cases in which we have successfully requested waivers in these cases so that clients can avoid paying hefty lump sums or penalties.
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