Boston SSDI attorney

July 17, 2016

SSDI Can Affect Long-Term Disability Insurance

When people play into a long-term disability insurance plan through their work, they expect that this will help them remain financially stable in the event of a serious injury or illness that renders them unable to work for extended periods. They may also understand that they are entitled to collect benefits through other avenues, such as workers’ compensation and Social Security Disability Insurance (SSDI). What may be less obvious is the way in which these benefits can counteract one another.

Recently, a news station in Nebraska outlined what can happen when people try to stack coverage from other sources.

According to WOWT NBC-6, the couple in question were both happy and seemingly healthy for years. Married for 27 years, they both worked full-time. But then, the 53-year-old husband suffered a stroke. Suddenly, he was unable to walk or talk or complete basic tasks. He’s learning now to feed and bathe himself and how to communicate. His wife had no choice but to quit her job to care for him 24-7.

“I can’t go to work because he needs me the whole time,” she told the reporter. Continue reading

July 11, 2016

Boston Social Security Disability Question: Can I Work?

by Jeffrey S. Glassman

Is it possible to work while still receiving Social Security Disability Insurance (SSDI) in Boston? What about working in the year before you obtain benefits?

The technical answer is yes, but it can be a thorny road if you don’t first consult with an attorney. That’s because the whole premise of SSDI is that you are too injured or ill to work. If you simply take a job or continue working without first determining what this will mean for your benefits, you could run into trouble and risk either:

A) Not being awarded benefits in the first place;
B) Losing the benefits you have.

Each individual situation is going to be different, and that’s why it’s important to discuss your options with a lawyer. Continue reading

July 2, 2016

Who is Getting the Most from Social Security Disability?

by Jeffrey S. Glassman

Last year, the Social Security Disability Insurance (SSDI) program was saved from immediate destruction when federal lawmakers gave the Ok for a temporary patch to keep the program going without going bankrupt. That was big news for the 11 million Americans currently on disability, who were facing a 20 percent reduction in their benefits.

But that patch, which involved moving around funding from the Social Security retirement program, is only going to last us through 2022. Before then, there will undoubtedly be much debate about the future of the program, how much we should continue to dole out in benefits and how we’re going to pay its current $150-billion annual price tag. Although it’s not the largest program intended to help subsidize those who are struggling financially, it’s one that receives the lion’s share of the criticism. Part of the problem is that most people don’t understand the rigorous and lengthy process that claimants must endure to prove their disability and also to establish a long enough work history. They don’t understand it’s a system that people had to have paid into via their federal taxes for many years before a claim can be made. And they don’t understand that the process is so complex and demanding, claimants need an SSDI lawyer to help them navigate it effectively.

The program was created to help workers who have become physically or mentally disabled, as well as their families, stay afloat financially. Although critics say the program is far too generous, you must keep in mind that the average benefits usually only work out to about $1,165 monthly. That’s about $14,000 a year. Continue reading

May 9, 2016

A Look at the Social Security Disability Benefits Reevaluation Process

by Jeffrey S. Glassman

Getting disability benefits is no easy task for many of the 11 million Americans estimated to be living with a disability at any given time in the United States. In some cases, we have seen it take years for people to get qualified for benefits to which they are rightfully entitled. However, what many people may not realize is that once they get approved for Social Security Disability Insurance (SSDI) benefits, they will be subject to a reevaluation, so the United States Social Security Administration (SSA) can verify the claimants are still disabled.

As discussed in a recent article from the National Law Review, after you have been approved for Social Security Disability Insurance or Supplemental Security Income (SSI), you will be subject to a Continuing Disability Reevaluation, which is also know as a CDR. The CDR can take place around three years after becoming eligible for benefits for claimants younger than 55 years of age. For those Social Security disability benefits claimants who are over 55 years of age, you will likely be subject to a Continuing Disability Reevaluation around seven years after first becoming disabled and receiving benefits. Continue reading

April 30, 2016

Cypress v. Colvin: SSI Appeals

by Jeffrey S. Glassman

Cypress v. Colvin, a case from the United States Court of Appeals for the Eight Circuit, is an appeal from the District Court’s decision to affirm the denial of claimant’s Supplemental Security Income (SSI) benefits. Essentially, a claimant can file an application with the United States Social Security Administration (SSA), and if that application is denied, the claimant can file a series of written appeals and eventually be granted an evidentiary hearing before an administrative law judge (ALJ).

If an ALJ denies benefits as well, the claimant can file a request for review with the SSA appeals commission, which is essentially an in agency review process. However, review at this level is discretionary, and the SSA can decide not to hear an appeal. If the request for appeal is denied, or of it is granted and the appeal is denied, the next step is to file a case in the United States district court for the district in which the SSA office that denied an application is situated. If the district court affirms the denial by SSA, either by ALJ or through the appeals commission, the next and most likely final step is to file an appeal with with the United States circuit court in which jurisdiction is proper. Continue reading