Articles Tagged with SSDI

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The Republican Party made it a major priority to pass the “Tax Cut and Jobs Act” before the end of 2017 to show a legislative win for the GOP and President Donald John Trump.  For better or worse, they have accomplished this goal, but it looks like one of the consequences to this bill, aside from ending Obamacare as Mr. Trump acknowledged, is it will also likely result in large cuts to other public benefits such as Social Security disability benefits including Social Security Disability Insurance (SSDI) benefits, and Supplemental Security Income (SSI) benefits, as well as major cuts to Medicaid.

SSDI lawyerWhile many many do not realize this, Medicaid, is a major benefit to those on Social Security Disability Insurance benefits, because under the complex web of federal regulations such as Section 1902 of 42 USC 1396a, states are allowed to give Medicaid benefits to anyone who was qualified for SSDI as long as they have been receiving the benefits for more than one year.  Most states have decided they do not even want to handle Medicaid on their own, so they have delegated the  Medicaid signup process to the U.S. Social Security Administration (SSA), which is the federal agency that runs the SSI and SSDI programs, as well as the Old Age and Retirement benefits program with which most Americans are more familiar.  This is the program that provides money for any working American when they reach the age of federal retirement. This age goes up from time to time as a way to save money, but eventually you will age into the system if you live long enough.  It is also possible to get these benefits earlier if you give up some of the total benefits. Continue reading →

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A Disability Rating from the VA Does Not Guarantee Social Security Disability Benefits

There is little question that going to war as U.S. service member can have lifelong consequences for those who return home.  One major health condition that affects our veterans is known as post-traumatic stress disorder or “PTSD.”

SSDI Attorney Boston This is certainly not a new issue.  During WWI and WWII, they used the term “shell shock,” derived from the perception that returning soldiers were  “shaken up,” sometimes permanently, from having shells and other types of explosive ordinance blowing up all around them and watching friends suffer serious traumatic injury or death.

However, even though we have known about this issue for many decades, we have made little progress when it comes to ensuring these brave soldiers are adequately compensated when they return with these profound psychological traumas and are unable to re-enter the workforce.

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If a claimant is receiving Social Security Disability Insurance (SSDI) benefits, that means he or she is disabled and has worked enough time in the years leading up to becoming disabled to qualify for disability benefits. The first issue is whether a claimant has paid into the system, which makes them eligible to apply for Social Security Disability Insurance benefits in Boston.

Paying into the system

Boston SSDI LawyerIf a person owns a motor vehicle, the law requires that person purchase car insurance. There are state minimums in every state including the Commonwealth of Massachusetts. When a driver gets a policy, he or she must pay the premium.  If the driver has been paying the premium and gets into an accident, then insurance will cover the damage up to the policy limits in most cases if driver was at-fault. If the premium has not been paid and the policy is allowed to lapse, then the it will be canceled and there will be no insurance coverage. Continue reading →

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Dictionary of Occupational Tiles

In Social Security Disability Insurance (SSDI) benefits cases and Supplemental Security Income (SSI) benefits cases, where a claim is initially denied, the claimant will have to appeal if he or she is to eventually obtain disability benefits.   This will eventually lead to a hearing before an administrative law judge (ALJ) in many cases, and a book known as the Dictionary of Occupational Titles (DOT) will likely play an important role in that hearing.

SSDI Cases Boston The Dictionary of Occupational Titles is a book (now several volumes) published by the United States Department of Labor (DOL).  DOL  published this book in various editions from 1938 to 1999, originally intended for statistical purposes and for use in workforce development and other agency projects.  It was declared obsolete before the year 2000 and is no longer updated. Continue reading →

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If you are receiving Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, you are likely to also qualify for Medicare.  This is important, since you may require many costly medical procedures. On the other hand, if the United States Social Security Administration (SSA) determines that you are not longer disabled, you may lose your disability benefits and also your Medicare.  If the reason you are no longer is disabled is because of the medication you are getting paid for by Medicare, you have two problems.

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This situation was recently discussed in a news article from WATE ABC 6 News.  In this article, a woman in Knoxville lost her Social Security disability benefits when SSA made a determination that she was no longer suffering from seizures to the point where she was unable to work.  This also means she lost her Medicare that was awarded when she received Social Security disability benefits.  The reason she was able to control her seizures was because of the new round of anti-seizure medications she was obtaining via Medicare, and that is where the catch-22 comes into play. Continue reading →

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In Stacy v. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, claimant alleged that the administrative law judge (ALJ) violated two rules applicable to Social Security Disability Insurance benefits appeals.  An ALJ is a hearing officer that is hired by the United States Social Security Administration (SSA) to hear claims that have already been administratively denied.

1034029_medicine_2He first filed a claim for benefits saying that he first became disabled in 1994.  The reason he was disabled was because of gout, chest pain, vision issues, and fatigue. He also reported to having a heart condition of some type. Before becoming disabled, he had a long work history, as he had worked for 17 years as an engineer for the prison system in his state.  He was in charge of maintaining the boilers for the massive facility.  Continue reading →

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A recent article from Huffington Post, looks at how stay-at-home parents often get denied for Social Security Disability Insurance (SSDI), even if they paid into the system for many years prior to choosing to stay home to raise a family.

477799_hands_washing_femaleThe Social Security Disability Insurance system was created as a means to provide benefits to workers who are no longer able to work due to injury or illness.  The injury or illness is not typically work-related, as that would be covered by workers’ compensation benefits in most cases. Continue reading →

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Taskila v. Comm’r of Social Sec., a case from the United States Court of Appeals for the Sixth Circuit, involves a claimant who is not yet 40-years-old and has suffered numerous serious health problems. The vast majority of her health problems are a result of three separate car accidents in which she was involved.

868517_a_driverIn 1996, the car in which she was a passenger in crashed into a ditch.  Ten years later, she was in a car that crashed into a tree, and four years after that, she was in a car that crashed into a deer.  In addition to the three serious car accidents, she had surgery to have a mass in her breast removed and was seen by an orthopedist to treat the pain she was experiencing in one knee.  All of these separate injuries and illnesses caused her to suffer, and she claimed on her application for Social Security Disability Insurance (SSDI) benefits that she also had terrible pain in her back and neck.  She also claimed to have suffered from depression and anxiety and well as carpal tunnel syndrome (CTS) and incontinence. As result of all of her serious medical problems, she was unable to work. Continue reading →

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Those deemed permanently disabled by the Social Security Administration (SSA) are entitled to Social Security Disability Insurance (SSDI) benefits, assuming they worked for a time prior to the onset of their disability.graduation1

They are also, unlike almost every other former student, entitled to student loan debt forgiveness. However, very few took advantage of this, despite the fact that many struggle to meet the basic needs of themselves and their families.

Now, the Obama administration is making a point to root out and identify those who have this been designated totally and permanently disabled and forgive their student loans – a total of $7.7 billion in federal student loans. Continue reading →

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In Dimmett v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant applied for Social Security Disability Insurance (SSDI)  benefits from the United States Social Security Administration (SSA).  Claimant was 62 years old at the time his appeal was heard.

1033916_medical_instruments_3The reason he claimed disability was due due to asthma, asbestosis, chronic obstructive pulmonary disease (COPD), and heel spur in one foot.  The administrative law judge (ALJ) heard the case and determined he was not disabled within the meaning of Social Security disability regulations. Continue reading →