Massachusetts Social Security Disability Lawyers Blog

August 23, 2017

Vocational Experts in Boston SSDI Cases

In a Social Security Disability Insurance (SSDI) claims case, there is a good chance a claimant will have to have a hearing before an administrative law judge (ALJ). At this hearing, there will likely be a person known as vocational expert or “VE.” There will also likely be a doctor who serves as a medical consultant for the ALJ and the Social Security Administration (SSA).

When claimant first files and application, it will likely be denied as are most applications. SSA has less money than it needs in its budget, largely due to political reasons, and stretches out the money in the disability fund by denying many qualified claimants and when the agency does award benefits, it takes as long as possible to do so. Continue reading

August 14, 2017

Dictionary of Occupational Titles in Boston SSDI Cases

by Jeffrey S. Glassman

Dictionary of Occupational Tiles

In Social Security Disability Insurance (SSDI) benefits cases and Supplemental Security Income (SSI) benefits cases, where a claim is initially denied, the claimant will have to appeal if he or she is to eventually obtain disability benefits. This will eventually lead to a hearing before an administrative law judge (ALJ) in many cases, and a book known as the Dictionary of Occupational Titles (DOT) will likely play an important role in that hearing.

The Dictionary of Occupational Titles is a book (now several volumes) published by the United States Department of Labor (DOL). DOL published this book in various editions from 1938 to 1999, originally intended for statistical purposes and for use in workforce development and other agency projects. It was declared obsolete before the year 2000 and is no longer updated. Continue reading

August 6, 2017

Social Security Disability Benefits Wait Times in Boston

by Jeffrey S. Glassman

One of the most common questions our Boston disability attorneys are asked is, “How long it will take to get approved for Social Security Disability Insurance (SSDI) benefits?”

The reality is a successful award of SSDI or Supplemental Security Income (SSI) benefits often takes more work – and more time – than most people initially realize. The reason is because of the how the system was designed.

The Social Security Administration reports the average wait time for an SSDI hearing in Boston is 12.5 months. That’s more expeditious than in many other areas of the country. For example in the Buffalo, NY, the wait time is 25 months. Folks in Akron, OH wait 18 months. In Newark, NJ, it’s 24 months.

When the Social Security disability program was established over six decades ago, there was no money in the fund. The way this program works is the Social Security Administration (SSA), the federal agency tasked with overseeing the two disability programs and the Old Age and Retirement benefits program, collects money from everyone’s pay checks. If a taxpayer was to take a look at their paystub, they will see that there is money taken out for federal and state taxes as well as for Medicare and Social Security. The Social Security withholdings are further divided into money for the disability programs and money for the Old Age and Retirement Programs. This is the money workers get when the reach the age of retirement. Continue reading

July 28, 2017

SSDI and SSI Benefits Appeals in Boston

by Jeffrey S. Glassman

When we think of disability benefits from the Social Security Administration (SSA), most people are actually more familiar with the Social Security Disability Program (SSDI). This is the program for people who have a history of working and have paid taxes into the Social Security disability fund and are no longer able to work due to a disability. This is typically not a disability due to a work-related injury or illness, because that would require the claimant to apply for workers’ compensation benefits and is not administered by the SSA, but rather by the Department of Industrial Accidents (DIA), which is a state agency.

Pursuant to 42 U.S. Code Chapter 7, which is the federal Social Security Code, Subchapter II, a disabled person is entitled to Supplemental Security Disability Insurance benefits if they are disabled and have earned enough quarterly credits to have paid into the system. Continue reading

July 18, 2017

Social Security Disability Benefits for Mental and Physical Illness

by Jeffrey S. Glassman

Vanproyen v. Berryhill

In a recent case from the U.S. Court of Appeals for the Seventh Circuit, Social Security Disability Insurance claimant was prescribed Xanax in 2009. Xanax is a fairly powerful (depending on the dose) benzodiazepine medication that is commonly used to treat various types of anxiety disorders and their symptoms. In this case, claimant was being treated for panic attacks, bipolar disorder, depression, and a general anxiety disorder.

One of the problems with Xanax and other benzodiazepines is that they are very addictive. We often hear a lot about how there is a major problem with opioid addiction in this country, and that is certainly true. However, opioids are either synthetic or natural derivatives of the opium poppy. This includes heroin, morphine, fentanyl, Vicodin, OxyContin, and many others. Benzodiazepines are not derived from natural or synthetic opium, but they are also very addictive as described above. Xanax was heavily prescribed in the 1980s, and that is when many were addicted. However, benzodiazepines are still prescribed today, and some patients do become addicted. In this case, claimant became addicted to Xanax, and this was noted in her court records as well as her medical records. Continue reading

July 9, 2017

Treating Physician Opinions in Boston Social Security Disability Claim

by Jeffrey S. Glassman

When you first file a Social Security Disability Insurance (SSDI) claim, you will be filing that claim with the Social Security Administration (SSA) office located in downtown Boston, if you live in our area. This is actually the office for the Boston region that includes other states in the New England Area. We are fortunate to have a local office.

This application will be submitted either on paper or electronically and will include a description of why you are disabled, when you became disabled, and it will be supported by medical records as well as an opinion letter from a treating physician. Continue reading

July 2, 2017

Residual Functional Capacity in Boston Disability Cases

by Jeffrey S. Glassman

Social Security Disability Insurance Benefits in Boston

There are essentially two types of disability benefits programs administered by the U.S. Social Security Administration (SSA). The first is the SSDI program. SSDI, or Social Security Disability Insurance, is called a Title II program, because the provisions governing this Boston disability benefits program are found in Title II of the Social Security Act. This is also the section of the Social Security Act that controls the Federal Old-Age Survivors program, of which most people are familiar when they have worked all their lives and reach the age of retirement.

Supplemental Security Income Cases in Boston

In addition to Social Security Disability Insurance, there is also the Supplemental Security Income, or “SSI,” program. SSI is governed by Title XVI of the Social Security Act. This program is official called Supplemental Security Income for the Aged, Blind, and Disabled. The program is designed to provide benefits for Americans who have reached the age of 65, are blind, or are disabled. Continue reading

June 21, 2017

Social Security Appeals Process in Boston Disability Cases

by Jeffrey S. Glassman

The Social Security Disability Insurance (SSDI) application process – from the time you file until you get a final decision – can be a long time. It is quite common for these cases to take more than year. It is also very difficult for an un-presented claimant to get a favorable outcome because the system is set up in such a way that the average claimant is very much at a disadvantage even though their respective medical doctors may have no question claimant is disabled.

The first question you may be asking is why is it so hard to get approved for SSDI benefit? The answer to this question basically comes down to the fact that the U.S. Social Security Administration (SSA) simply doesn’t have enough money in its budget to pay all benefits for all of the people that are truly disabled in this country. As of now, there are around 11 million Americans who depend on SSDI or Supplemental Security Income (SSI) to make ends meet. This number is actually expected to increase, but some in congress feel that it is not the job of government to help disabled people who are unable to work and refuse to allocate the correct amount of money to properly fund this program. Continue reading

June 6, 2017

New Budget from White House Calls for Heavy Cuts to Social Security Disability Program

by Jeffrey S. Glassman

On the campaign trail, then-candidate Donald Trump promised to make a lot of cuts to domestic programs. However, one program he promised to shield was the Social Security Disability Insurance (SSDI) program. But now, as discussed in a recent article from the Huffington Post, Mr. Trump’s latest budget plan his administration released to Congress and the American public calls for massive cuts.

Specifically, the new budget calls for $72 billion to be cut from the Social Security disability budget over the next 10 years, and this amounts to around a 4 percent reduction. This is part of the administration’s stated goal of balancing the federal budget while at the same time, massively increasing military spending. Continue reading

June 3, 2017

SSDI Appeals in Federal Court

by Jeffrey S. Glassman

In a recent case from the U.S. Court of Appeals for the First Circuit, which is the circuit in which Massachusetts is located, the court held that 20.C.F.R. 422.210(c), and its five-day grace period is not applicable to cases in which the claimant does not file written exceptions to an administrative law judge’s (ALJ’s) denial leaving the appeals council without proper jurisdiction.

In this case, claimant filed for disability benefits. Her initial application was denied and so was her written request for reconsideration. After her request for reconsideration was denied, she filed a timely request for a hearing before an administrative law judge. The ALJ held a hearing and found she was not entitled to benefits. Continue reading