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In a recent case from the United States Court of Appeals for the Seventh Circuit, claimant had applied for Social Security Disability Insurance (SSDI) benefits, and his initial application was denied. He then applied for reconsideration of his application for Social Security benefits, and that was also denied. At that point, he applied for, and was granted, a hearing before an administrative law judge (ALJ), and the ALJ also denied benefits.

armyAfter being denied for benefits, the claimant appealed to the Social Security Administration (SSA) review commission, and the commissioner agreed that the denial was not supported by adequate evidence and remanded the case for further proceedings to determine if claimant was entitled to benefits. However, claimant was not satisfied with a remand for further proceedings and instead argued to the U.S. District Court to not only overturn the ALJ’s denial, but to also make an affirmative finding that claimant is entitled to benefits. Continue reading

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When we talk about Social Security disability benefits, we are generally talking about what is formally known as the Social Security Disability Insurance (SSDI) program. This is a program whereby people who work have money taken out of their paychecks, along with their state, federal, and, sometimes, local income tax, and that money is put in a disability fund. In the event that they become disabled and apply for benefits, if they have paid enough money into the system, they can collect benefits, assuming they are found disabled.

coffee bookIn a recent case from the U.S. Court of Appeals for the Tenth Circuit, a claimant was denied for what is known as Supplemental Security Income (SSI) benefits. The U.S. Social Security Administration (SSA) runs this program, as they do with the Social Security Disability Insurance benefits program, but this program is not for people who have worked and earned credits to qualify for SSDI benefits. Continue reading

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In a case from the United States Court of Appeals for the Fifth Circuit, the claimant filed for Social Security Disability Insurance (SSDI) benefits because she suffered from various physical and mental impairments.  This case deals with the issue of whether an administrative law judge (ALJ) can disregard a treating physician’s opinion.  An ALJ is a hearing officer at the U.S. Social Security Administration (SSA), which is the federal agency that oversees the disability benefits programs.

gavelUnder the relevant statute in the U.S. Code, the ALJ has the authority to find against the opinion of the treating physician, but in order to do so, that decision must be supported by sufficient evidence, and it must be clearly explained in the record why the treating doctor’s decision is being disregarded. Continue reading

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By law, the Social Security Administration has to occasionally review the case of every person receiving Social Security Disability Insurance and/ or Supplemental Security Income disability benefits. The process by which this happens is what is called a “continuing disability review.” The intention is to figure out who might no longer qualify as disabled, and therefore who no longer needs benefits.man standing

In general, it’s a lot harder to get benefits in the first place than it is to pass the process of a continuing disability review. That said, it’s wise to consult with an experienced Boston SSDI lawyer because there are a number of pitfalls that can arise throughout this process, and you don’t’ want to suddenly find yourself without much-needed benefits.

Continuing disability reviews are performed at various intervals depending on the underlying condition of the recipient, as well as his or her age.  Continue reading

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Applying for Social Security Disability Insurance is often anything but a smooth, quick process. The reality is that only about 30 percent of SSDI applications are approved on the first turn. Those cases often involve those who are the sickest and whose claims are very straightforward. If there is any question whatsoever about the viability of your claim, it’s likely you’ll be denied. That sets the stage for an appeals process, which in all truth, can take many months and possibly even years. man

The circumstances of every case will be different, but we generally encourage people to go ahead and pursue an SSDI appeal because their chances of prevailing in those later stages are much higher.

That said, of course, if you can avoid a denial in the first place, that’s the ideal situation. That’s why we stress the importance of hiring an SSDI attorney right from the beginning. That way, you are certain that your paperwork is properly filed, it’s completed on time, it has all the necessary information and it is delivered to the correct Social Security Administration agent for appropriate review. If there are circumstances that warrant an expedited process, your attorney can help facilitate that for you as well.  Continue reading

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A woman recently wrote to an columnist who offers advice on Social Security matters, and lamented the fact that they were probably not eligible for SSDI benefits due to their retirement nest egg that was about $250,000. She noted she was 60 and had no choice but to quit her job due to an array of medical ailments. She was considering applying for SSDI, but assumed her husband’s income and their savings would disqualify her. cane

The columnist rightly noted the writer had fallen prey to the same misunderstanding that so many do when discussing Social Security Disability Insurance, which is to assume that it is a type of welfare program, and that therefore applicants have to meet certain income requirements.

“If Bill Gates became disabled tomorrow, he could file for Social Security disability benefits,” the columnist wrote, noting that even the billionaire wouldn’t be exempt under the current guidelines. It has to do with the SSDI is structured – and it does differ from Supplemental Security Income, or SSI, which is a type of welfare program.  Continue reading

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If you are confronted with an illness, injury or other condition that leaves you so severely impaired that you are no longer able to work, you may have considered the possibility of applying for Social Security Disability Insurance, or SSDI. This federal program exists to extend financial protection in the long-term for adults who have worked and paid into the program. coffeebook

However, many people are deterred from applying in the first place – or put if off as long as possible – because they’ve heard the horror stories. They’ve heard of the mounts of paperwork, the seemingly systematic denials and the long waiting periods.

There is some truth to these stories, but there is also a fair amount of fiction floating around. Continue reading

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Up until very recently, recipients of SSI benefits – or Supplemental Security Income – were not allowed to build any sort of savings account beyond $2,000. Many have long argued this is a grave disservice, particularly for those individuals who are able to work to some degree.piggy bank

But as The New York Times recently reported, recipients risked losing their much-needed benefits if they started to compile even a meager savings beyond that $2,000. Take, for example, the 27-year-old man with Down syndrome profiled. He works two jobs – one folding towels at a local gym and another taking tickets at a nearby movie theater. However, he was never allowed to keep more than $2,000 in the bank at any given time, otherwise he’d lose the SSI benefits on which he heavily relied.

Now, a new kind of savings account is giving this young man and others an opportunity to begin saving more cash. It’s called an ABLE account, and it allows people with disabilities and their families to save up to $14,000 annually – without losing any benefits. Continue reading

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With promises by the new president to scrap the Affordable Care Act, also known as “Obamacare,” there is a high likelihood that the number of people seeking Social Security Disability Insurance benefits will grow at an even higher rate than they would otherwise.doctor

It is true that the number of people receiving SSDI increased from 2.5 percent of Americans in 1990 to 5 percent in 2015. However, there are several reasons for that, among them the fact there are more women in the workforce and also older workers who are living longer but are more likely to suffer long-term disability.

But the ACA had two main provisions that helped to reduce the rolls to less than what they would otherwise be. One of those was the provision that forbid insurers from refusing customers on the basis of pre-existing conditions or charging them higher rates. The second provision allowed those with a low income to receive lower premiums. Continue reading

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The SSDI backlog is likely to worsen, even as there already exists an extensive wait for processing Social Security Disability Insurance claims, a new Bloomberg report speculates.woman-300x200

As it now stands, a typical appeal for an SSDI denial takes more than a year to be heard by an administrative law judge.

The president of the ALJ union told Bloomberg that people waiting to have their SSDI appeals heard are “desperate.” This is not an exaggeration, particularly when you consider that people are continuing to get older and sicker, in addition to more people incurring new injuries. Continue reading

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