Boston lawyer SSDI

June 18, 2018

Understanding Social Security Administration’s Rules on Being Disabled

Many people suffer from one or more medical conditions that make it very difficult if not impossible for them to keep their current job. In many cases, even going back to any similar type of work is problematic. When this occurs, a person will typically go to their treating physician for a letter of opinion to submit along with a written application for Social Security Disability Insurance (SSDI) benefits. The claimant’s doctor may have very little question claimant cannot work and will often have no issue with writing these opinion letters.

If the particular doctor is at all familiar with the requirements of the U.S. Social Security Administration (SSA), he or she will often include a series of limitations on claimant’s ability to work including some of the following:

Claimant’s ability to stand for any long period of time.
Claimant’s ability to sit for any period of time.
Claimant’s ability to squat or crouch while at work.
Claimant’s inability to lift objects of a certain weight, and if they can lift them all, for how long they can do so over the course of a workday.
Claimant’s mental ability to concentrate and perform the tasks necessary for claimant to go back to work.

March 21, 2018

Establishing Medical Disability in Boston SSDI Cases

by Jeffrey S. Glassman

Establishing a medical disability with the U.S. Social Security Administration (SSA) is a lot harder for most than it should be. This is mainly due to SSA lacking the budget to cover benefits to all valid claimants. Congress continually forces SSA to operate on the verge of a fiscal cliff. SSA in turn denies many valid claims in a thinly-veiled attempt to get claimants to give up. The situation has gotten so bad, it’s almost unheard of for an initial application to be approved. The exceptions are those who present evidence of one of a few terminal illnesses on the fast-track list. Even then, initial approvals are not a given.

The SSA also denies credible applications by issuing a very narrow definition of what it means to be disabled and finding anyone able to engage in substantial gainful activity not disabled. Cost-conscious lawmakers have established “substantial gainful activity” to mean the ability to make a little more than $1100 in a any given month. This figure is not precise and it does fluctuate to reflect current economic realities. However, it is generally far from what a disabled claimant in Boston needs to support his or her family. Continue reading

March 16, 2018

Applying the Five-Step Analysis in Boston SSDI and SSI Cases

by Jeffrey S. Glassman

Whenever a claimant files for Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) benefits in Boston, there are various things that must be established in order for claimant to receive an award of benefits. In the case of SSDI benefits, the first thing is claimant must establish he or she is disabled within the meaning of the statute, and the second is he or she has a long enough work history to have earned a sufficient number of quarterly credits pursuant to Social Security Administration (SSA) guidelines.

Five-Step Disability Analysis in Boston Social Security Disability Insurance Benefits Cases

As discussed in Hargress v. Social Security Administration, a case from the U.S. Court of Appeals for the Eleventh Circuit, claimant applied for both Supplemental Security Income benefits and Social Security Disability Insurance benefits. With respect to both claims, her initial application was denied. On appeal, she was granted a hearing before an administrative law judge (ALJ) where her claim was again denied. At the hearing, she was denied again by ALJ based upon a finding she was not disabled. Continue reading

September 18, 2017

SSDI Wait Times in Boston

by Jeffrey S. Glassman

Applying for Social Security Disability Insurance (SSDI) benefits is often a long process. According to a recent news article from the Memphis Daily News, the backlog of disability benefits cases is now up to 1 million.

The waiting time across the country is now in the neighborhood of two years and people are reportedly dying as they wait for benefits. All of those on the wait-list have had their benefits denied at least one time. Continue reading

September 3, 2017

SSDI Claim Review Process

by Jeffrey S. Glassman

Schloesser v. Berryhill

Schloesser v. Berryhill, a case from the U.S. Court of Appeals for the Seventh Circuit, involves claimant who worked as a dry curer in a meat processing plant for more than two decades. His job required claimant to lift more than 70 pounds on a frequent basis.

Claimant continued to work at this particular factory until he injured his shoulder and back from the years of heavy lifting. In 2001, he had his left rotator cuff surgically repaired, and the following year, he had a disc removed from this lower back. This procedure is known as a lactimectomy. Continue reading

August 23, 2017

Vocational Experts in Boston SSDI Cases

by Jeffrey S. Glassman

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

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 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

May 29, 2017

Trump’s Plan to Cut “Entitlements” May Include Social Security Disability

by Jeffrey S. Glassman

President Donald J. Trump has vowed deep spending cuts across the board, save for the military. However, Mr. Trump was able to win the election with the support of many working-class voters.

To garner their support, Trump made promises during the campaign to avoid reductions of certain federal programs on which many supporters relied – one of those being Medicaid, another being the Social Security Old Age and Retirement benefits and the other Social Security Disability Insurance.
Continue reading