Articles Tagged with Boston attorney SSDI

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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.

Boston SSDI LawyerWhen 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 →

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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.

Boston SSDI LawyerOne 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 →

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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.

SSDIThe 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 →

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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.

Boston SSDI LawyerSpecifically, 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 →

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In the past few decades, autism has been getting a lot more attention, as the number of cases has grown exponentially. Research and related therapies have followed.

Boston SSDI LawyerWhile there are more services in place now than in years past to help children with autism and their families, including components of the Individuals with Disabilities Education Act (IDEA), those attending school will either graduate or age out. For those who are on the severe end of the spectrum and their families, this can raise a host of new challenges.  A recent article from Disability Scoop discusses how the U.S. Department of Education needs to start transitioning students earlier than they do now, with a current start at the age of 16.
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College is more expensive than ever. Undergraduate tuition has risen to seemingly astronomical amounts in the past couple of decades to where most students will have no choice but to borrow huge amounts of money to attend college.  Just to get an idea of the numbers, tuition at Boston College for undergrad is just under $50,000 a year, with the cost of total attendance estimated to be more than $65,000.  People who also go graduate school are incurring around half a million dollars in debt on average, and that trend does not seem to be slowing anytime soon.

Boston SSDI LawyerThis seems okay at the time, because the plan is to go to school and then get a job that allows the borrower to pay back the loan one month at a time for the next thirty years.  However, things don’t always go as planned.  What happens to a person who takes out $250,000 in loans and then becomes disabled? There is no way a person can live on Social Security Disability Income of around $1,200 a month and still make loan payments.  One might think that this would mean you default on your student loans and don’t have to pay until you can, but that is not how it works in many cases. Continue reading →

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During the populist candidacy of Donald J. Trump, he promised to make a lot of cuts to so-called big government. At the same time, he promised to leave the Social Security system alone.  This includes both the Social Security disability benefits system and the Social Security Old Age and Retirement system.

cashThe likely reason he made this promise is because many of those in his base survive solely off the Social Security disability benefits system and the Social Security retirement benefits system.  In fact, recent reports have shown that many who are unable able to find jobs in many areas that strongly voted for Mr. Trump have turned to the disability system to make ends meet. Continue reading →

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A recent case from the U.S. Court of Appeals for the Eighth Circuit involves claimant who applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI).   As often happens whenever a claimant first applies for Social Security disability benefits, the application is denied.  We would say quickly denied, but as those who have worked with the system know, there is not all that much that happens quickly at the U.S. Social Security Administration (SSA).  The SSA is the federal agency created by Congress to oversee the Social Security disability and retirement benefits programs.

nurseIn this case, claimant applied for Social Security disability benefits based upon claims that he has asthma, diabetes, hepatitis C, liver damage, uveitis of the eye, chronic obstructive pulmonary disease (COPD), depression, hepatomegaly, coronary artery disease (CAD) and various other serious medical conditions. Continue reading →

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It takes a long time to finally be awarded Social Security Disability Insurance (SSDI) benefits beginning from the date of filing a first claim to the final benefits decision. For many, this process will take over a year, and, in some cases, it will take two years.

workIn addition to the wait, successful claimants will probably have to file at least two appeals and have a hearing before an administrative law judge (ALJ).  In some cases, the claimant will have to file an appeal with the U.S. District Court or even the U.S. Court of Appeals.  Continue reading →

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In this past presidential election, many Americans and much of the world were shocked by the seemingly impossible result of Donald Trump’s victory.  One of the major reasons that Mr. Trump was ultimately elected was his huge support among those who live in what have become known as “flyover states.”  This term largely refers to the states in the geographic middle of America, which most people only see from airline windows when flying on transcontinental flights, and, rarely, if ever, actually go to as a destination.

SSDI benefitsOne thing that cannot be denied is that many in these areas are struggling economically, and according to a recent news article from the Washington Post, many are turning to disability benefits for help.  Interestingly, this article is suggesting these people may be “just desperate” rather than disabled.  Another interesting point is that the White House is using the increase in numbers on the Social Security disability roles due in large part from these residents of flyover states as justification for cutting the program. However, the White House is blaming the Obama administration and strongly implying the increased number of disabled Americans receiving benefits is a result of those in the inner cities of America instead of rural America. Continue reading →