Articles Tagged with Boston attorney SSDI

Social Security Disability Insurance (SSDI) benefits are supposed to be available for any worker who has paid into the system through withholdings in their paycheck, or through payment of quarterly taxes, and then becomes disabled in a manner that it makes it very difficult to continue workers.

Boston SSDI LawyerIf the disabling condition was due to an on-the-job accident, the only course of action may be to file a workers’ compensation claim, but sometimes you can do both.  For this reason, it is helpful to speak with a lawyer at a Boston area law firm that represents clients in workers’ compensation cases as well as in Social Security Disability Insurance benefits cases. Continue reading

When the Social Security Administration (SSA) was first created, it was done to provide retirement benefits to workers who had earned money and paid into the system for their whole working lives, and then needed income on which they could retire.

SSDI Benefits This was a valuable program, which has helped millions of Americans. The problem was there was no money in the system when it was first established, and the president and congress did not want to make people pay into the system while those at retirement age were not receiving any benefits, so the program required a loan from the general fund to fund current retirees. Continue reading

Contrary to conventional wisdom of many in politic, the clear majority of those who are disabled are not sitting at home collecting a check when they could be working. It is really quite hard to prove to Social Security Administration (SSA), you are disabled within the very narrow regulations the law allows.  The reality is most people would much rather be working if they are able to do so.  The problem is when you try to go back to work, you run the risk of losing what benefits you do have, and somewhat more importantly in many cases, you will also lose Medicaid benefits, which are often critical to dealing with medical expenses.

Ticket to Work Program in Boston Social Security Disability Insurance Cases

Boston SSDI Lawyer There are several programs in place aimed at allowing those who are able to work, to get back in the workforce. One of those programs is the Ticket to Work program. This program allows those who are medically able to start working again to do so without facing an immediate loss of benefits. This can be a good thing for some in the program. But if things do not go well, it can result in a termination of benefits, and claimants will find themselves back in the same position as they were before they first applied for Social Security Disability Insurance (SSDI) benefits. Continue reading

Getting approved for Social Security in Boston is no easy process. It is also not a quick process.  The first thing any prospective claimant must do is to file an initial application with the U.S. Social Security Administration (SSA). Once this application has been submitted, it will likely be rejected without any real regard for whether claimant can work and whether claimant is genuinely disabled. Following this initial denial, claimants must file an appeal of their initial denial with SSA.  This appeal will almost certainly be denied as well.  We know this because any reversal at this stage would be a complete shock since the system is set up in such a way where no medical professionals are involved in making an appeal determination. At this point, claimants can apply for a hearing before an administrative law judge (ALJ) and wait at least one hearing for that hearing to occur.  Congress has just passed a major spending bill with funds to address the backlog of claims and cut the wait down to something more reasonable.

New Omnibus Spending Bill Allocates More Money for Fixing Maligned SSDI and SSI

SSDI attorney BostonAccording to a recent news article from the Washington Post, the hotly-debated omnibus spending bill, which was approved by congress and signed by the president, contains funding allocations to cut the backlog of federal disability claims substantially.  This is the same bill which President Donald J. Trump, signed, but then said he would never sign such a bill again. Continue reading

Once an application for Social Security Disability Insurance (SSDI) benefits has been rejected by the U.S. Social Security Administration (SSA), the next thing which will happen in the appeals process is claimant must complete and submit what is known as a Request for Reconsideration. This is done by filing form SSA-561, and there is a very decent chance this written request for reconsideration will also be rejected as nearly all of them are.  At this point in the long process, claimant can request an hearing before an administrative law judge (ALJ).  While it may take a year or even two for this hearing to occur, ALJ will likely hear testimony from a Vocational Expert or “VE” as they are often called by SSA.

SSDI Cases BostonA Vocational Expert is an employee of SSA who is supposed to be an expert on what jobs people are capable of working when they have various disabilities or a combination of disabling conditions. The VE becomes an expert by being trained in how to use and interpret a guide book called the Dictionary of Occupational Titles.  This book, which was written decades ago and not updated all too often contains what the drafter believed to be nearly every job in Boston and the rest of the nation (they use the terms local or national economy), and whether people with mental and physical disabilities can attain and hold those jobs, with or without accommodations.  Continue reading

As 2017 ended and another year began we found ourselves watching congress fight over the federal budget to the point of months without a finalized budget, a series of temporary continuing resolutions and at least one relatively short partial government shutdown and the possibility of future shutdowns to come. Many people are wondering what happens if the government is shut down and whether they will be paid Social Security disability benefits during a time when the government is far less than fully operational.

SSDI and SSI Benefits During A Government Shutdown

Boston SSDI Cases While people often use the term government shutdown, what we really have is a partial government shutdown. This means while most federal employees will be on a furlough, others will be required to work as they are considered essential employees. This may sound like good news for those employees still on the job, but since they do not get paid until after the government reopens, it’s not all great news. These essential employees work on essential functions and this includes the military and some aspects of the U.S. Social Security Administration (SSA).  Continue reading

The Need for Strong Medical Evidence in Boston Social Security Disability Insurance Cases

Medical evidence often plays a crucial role in disability cases. Most Boston Social Security Disability Insurance (SSDI) applicants will not be successful when they initially apply for benefits.  This has less to do with whether claimants are  disabled and more to do with how the U.S. Social Security Administration (SSA) runs the program due to political reasons and budgetary constraints.

Following the initial application is summarily rejected as is the next step in the process, which involves a written request for reconsideration, the claimant will have to do have hearing before an administrative law judge (ALJ). It is in this hearing when a claimant must prove they are actually disabled within the meaning of the SSA regulations, and this is where the use of medical evidence by the claimant is of utmost importance.

The Weight of Medical Evidence During Boston SSDI ALJ Hearings

Boston SSI casesIn Wellington v. Berryhill, a case from the U.S. Court of Appeals for the Ninth Circuit, claimant applied for SSDI benefits as well as Supplemental Security Income (SSI) benefits. SSI benefits are a different type disability benefits under a program also administered by SSA.  In some cases, there is little chance of obtaining SSI benefits, but claimants who are often unrepresented when they first file the application will check every box in hopes of obtaining some much needed benefits. In other cases, such as this one, they are relevant to the matter at hand.  Continue reading

Proving you are disabled is not always as easy at is should be. even when your treating physician agrees you cannot work due to your disability.  The reason it’s often such a challenges is it is not your doctor, but an administrative law judge (ALJ) has the power to decide. The ALJ can overrule the opinion of treating physician based upon other evidence. While they are able to do this, they are technically only able to do this when the evidence on record fully supports the decision.  In some cases, an ALJ may fail to establish there was sufficient evidence detailed in the record of benefits to justify denial. In these cases, an appeal is often necessary. The first appeal can be made the SSA Appeals Commission. However, that appeal is discretionary, so commissioners can decide not to hear it.

SSDI Claims BostonIf this happens or a commissioner hears claimant’s appeal and affirms the denial of benefits, the claimant can either submit a new application (starting the process all over again) or appeal to the U.S District Court.  In cases that originate in Massachusetts, the proper court is the U.S. District Court for the District of Massachusetts, which is located on Boston’s waterfront.  This will be a hearing before a federal magistrate.  If that does not go in the claimant’s favor, the next appeal would but the U.S Court of Appeals for the First Circuit. Continue reading

The Social Security Administration (SSA) has been without an appointed commissioner for around two years.  The previous commissioner stepped down at a time when there were many issues being reported about the federal agency, the operations at some of its locations around the nation, and the problems pertaining to the agency’s administrative law judges (ALJs).

SSDI lawyerSSA is the federal agency that administers the Social Security Disability Insurance (SSDI) benefits program, as well the Supplemental Security Income (SSI) program. The agency also administers the Old Age and Retirement benefits program.

Continue reading

For a court to hear any case, it must have what is known as subject matter jurisdiction. This is the authority of the court to hear cases of a particular type or cases relating to certain subject matter.

This is as true in a Social Security Disability Insurance (SSDI) case as it is in an auto accident lawsuit. In an SSDI case, the process begins by filling an application at the U.S. Social Security Administration (SSA). This application will probably get denied so this will require filing a request for reconsideration with SSA. Following a denial of a request for reconsideration, claimants must request a hearing with an administrative law judge (ALJ) at the SSA Office of Disability Adjudication and Review. If claimant is not successful at this point, he or she can appeal to the SSA Appeals Council. This is a discretionary review, meaning the council can deny to hear the appeal from an ALJ.

Boston SSDI LawyerIn most cases, however, SSA will agree to hear the appeal of a denial from an ALJ since it can save them money in the long run.  Many people will drop off along the way in what has unfortunately become a long and difficult process to get SSDI or Supplemental Security Income (SSI) benefits,  so the more steps that are put in place, the more denials there will be and this means that an unrepresented claimant may see things as even more of an uphill battle.  When a claimant decides not to continue with the process. They can always file another application process all over again, and sometimes this is the only option, but that also starts the clock over again. Currently, it is taking those who apply for Social Security Disability Insurance benefits in Boston two years or more to get benefits if they are eventually successful.   Continue reading