Articles Tagged with Boston SSDI atorney

When a claimant applies for Social Security Disability Insurance (SSDI) benefits in Massachusetts, the U.S. Social Security Administration (SSA) will only approve an application if they are convinced claimant is eligible for SSDI benefits by having paid into the system through enough years of working and has subsequently become disabled. Disabled means unable to engage in substantial gainful activity, which is defined as one’s ability to earn more than approximately $1,120 in any given month.  SSA will look at all medical evidence and opinion statements, or testimony should there be a hearing before an administrative law judge (ALJ), to determine a claimant’s residual functioning capacity.

Residual Functioning Capacity in Boston Social Security Disability Claims

A claimant’s residual functioning capacity or “RFC” as it is often called by ALJs and Boston disability attorneys, is one’s ability to work despite having one or more serious medical conditions. The way this is supposed to work is SSA reviewers look at all evidence and then look to the Dictionary of Occupational Titles (DOT).  The Dictionary of Occupational Titles contains a long list of many different jobs in the local (Boston area) or national economy, and includes a list of the requirements needed to obtain and keep one of these jobs. If the claimant cannot lift, bend, crouch, squat, stand or sit, for example, a job may not be appropriate for this claimant. If SSA determines claimant can work one of these jobs, even if it pays much less than claimant’s previous type of employment, SSA will likely deny any disability benefits via a finding of no disability. Continue reading

There are currently around 11 million Americans who are receiving Social Security Disability Insurance benefits.  While this may seem like a very large number, it is actually much smaller than the number of Americans who are disabled and should be getting benefits, but there is not enough funding in the budget, and the U.S. Social Security Administration (SSA) makes it unreasonably difficult to qualify for benefits in many cases.

One thing to keep in mind, however, is that when a person becomes disabled, he or she is not likely the only one affected.  For example, let’s say that mother of two children who is married becomes disabled and can no longer work.  This happens all the time.  If she applies for benefits, she will likely be denied at first and will face a long road ahead if she plans to eventually qualify for much-needed Social Security Disability Insurance (SSDI) benefits. Continue reading

People who receive Social Security Disability Insurance benefits will want to research their rights if they plan on moving out of the country. People who relocate or travel for extended periods of time out of the country may be at risk of losing those benefits. Whether your benefits are jeopardized will depend on the type of benefits you receive.

There are three different programs that the U.S. Social Security Administration is responsible for administering.  The largest program in term of recipients and budget is the Social Security Old Age and Retirement benefits.  This is the program that workers pay into by having money deducted from their paychecks. This is part of the Federal Insurance Contribution Act (FICA) that is listed on your pay stub and is technically different from income tax.  The reason it is different is because FICA money is apportioned between SSA funds, and the IRS tax money is largely put into in the nation’s general fund.

When you reach the age of retirement, you are entitled to a monthly benefits check.  While the age when you can legally retire and claim benefits keeps going up, you can retire earlier, but you must take at least a 25 percent reduction in your benefits. You can also provide for your spouse if he or she survives you, but that requires a reduction in payment. Continue reading

According to a recent news article from WPRI News, a brave veteran from North Attleboro has returned from war only to a face another kind of battle – this one in his home state.  This was a battle of bureaucracy and red tape in several different governmental agencies as he tried to get a full and appropriate award of disability benefits.

He is a veteran of the U.S. Army National Guard in the 101 Division. and he had served several tours in the Middle East as part of the Global War On Terrorism and related campaigns.  In 2007, he was in his barracks on the outskirts of Bagdad when the enemy began firing rockets at his position.  These rockets were designed to break up into shrapnel, and he was hit with several very large pieces of shrapnel.  When they extracted two of the metal pieces, they measured over four inches long and three inches wide.  He said that the one big piece of shrapnel took him out and split his right leg in half.  He was able to avoid an amputation, but it took 17 separate operations to save the leg.  At this point, he was granted a medical retirement from the military.  Continue reading

Most people do not think warmly of the U.S. Internal Revenue Service (IRS).  However, according to a recent news article from The Los Angeles Times, the IRS could take action that will instantly help approximately 387,000 disabled Americans who owe a great deal in student loan debt. These financial burdens are greatly exacerbated by the fact they are unable to work full-time.

Sen. Elizabeth Warren, (D-Mass.), has been urging the IRS to act by writing a strongly worded open letter to the tax-collecting agency. However, she argues that time to act may be up soon, since the GOP will control the U.S. House of Representatives, the Senate, and the Oval Office, and they are less likely to help these people out.  Political views aside, the action she is asking the agency to take would affect anyone who has been determined to be completely and permanently disabled and has an income lower than the federal poverty guideline for an individual, if unmarried, or a family of two if married. Continue reading

There are two types of benefits for which one may be eligible to apply for from the Untied States Social Security Administration (SSA).  The most common program for which people apply is known as the Social Security Disability Insurance (SSDI) benefits program.  This program is for workers who become disabled and can no longer work.  If the workers were disabled as result of an on-the-job injury or illness, workers’ compensation might be the first place to turn, but this is something you can discuss with your disability benefits attorney.

The SSDI program requires claimants to have worked for a certain amount of time and in that time paid taxes.  When you pay federal taxes, some of that money is considered income tax and some of that money goes to the SSA.  The SSA runs the SSDI program, the Supplemental Security Income (SSI) program, and the Old Age and Retirement Program.  While we often hear about budgetary shortages involving the disability programs, the retirement program is a far larger program than the disability program. Continue reading

According to a recent press release from the United States Department of Veterans Affairs (VA), the VA and the Social Security Administration (SSA) have just launched a new program that is designed to get Veterans the VA and Social Security disability benefits they desperately need in a faster and more efficient manner than ever before.  This is likely an effort in response to the great deal of backlog and criticism facing both agencies that it is taking way too long for people to get approved for much needed disability benefits.

As part of the joint initiative, both agencies will put medical records in a database that can be accessed by either agency.  The reason for this is because most disabled Veterans will first go to VA for benefits, and then once they have a determination, will go to the SSA for additional disability benefits.  However, when they apply for benefits at the SSA, they generally have to start from scratch and compile and submit their medical records again. Continue reading

A recent news feature from NEWS OK takes a look the various disability benefits programs offered by the United States Social Security Administration (SSA) and also discuss when a claimant may be eligible to receive disability benefits.

The article was basically a response to questions that had been asked by readers about the Social Security disability programs.  The first question was whether a person who became mentally disabled as a result of a car accident would be eligible for Social Security disability benefits. Continue reading

We have been hearing a lot about guns in the news lately.  Following the horrific shooting at the Orlando nightclub, many have renewed their fight to ban assault weapons.  There are, of course, those on the other side who feel that there should be not be any restrictions on the right to purchase firearms, as that would violate a citizen’s Second Amendment right.

Regardless of where you come down on this issue, one of the ways that some are trying to accomplish this is by having the United States Social Security Administration (SSA) have the power to deny a person who is collecting disability benefits for mental health reasons from purchasing a firearm.

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