Articles Tagged with SSDI Appeals

Rather than reduce the 1.5 year wait for a Social Security Disability Hearing, the Social Security Administration is adding a step to the application process that is expected to add six months to the wait time for most applicants.wheelchair5-300x214

More than 43,000 applicants await a Social Security Disability hearing in Massachusetts, where a backlog of 10,000 cases has created an average wait of more than 450 days for a court hearing, according to the most recent statistics. Unfortunately, most states score even worse, with the average wait time nationwide at more than 530 days.

Seeking early representation by an experienced SSDI lawyers in Boston can best protect your rights and streamline the lengthy application process, which is largely designed to discourage qualified applicants from obtaining all of the benefits to which they are entitled. Funding received last year by the Social Security Administration aimed at tackling the hearing backlog has met with only moderate success, reducing the national average wait time by 67 days.

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Allensworth v. Colvin, a federal disability appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was appealing denial of Social Security Disability Insurance (SSDI) benefits application.

It should be noted that the United States Seventh Circuit often tends to favor claimants more so than other circuits, and this is especially true of Judge Posner.  In this case, Posner not only heard the case but also drafted the opinion for the court.

952313_gavelClaimant asserted that his back began to hurt in 2008.  The pain got worse over time and spread to his legs.  When he went to his doctor, tests were done, and it was determined the main cause of his problem was a herniated disk, but he also had severe arthritis.  He received treatment for these medical conditions in 2010. Continue reading

Mabry v. Colvin, a federal disability case from the United States Court of Appeals for Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI).

1078874_word_work_on_the_dices-300x214Claimant initially filed for disability benefits in March 2011, claiming he was disabled and thus unable to work due to a combination of ailments. He claimed he was not able to work due to having paranoid schizophrenia, anxiety with panic attacks, morbid obesity and depression.  His educational history consisted of graduating from high school and going to college for a year before dropping out due to his anxiety and depression. Continue reading

Liner v. Colvin, a federal disability case from the United States Court of Appeals for the Eighth Circuit, involved a review of the residual functioning capacity (RFC) of a claimant who was denied  Social Security Disability Insurance (SSDI) benefits.

1002813_x-ray_image_of_the_legClaimant first filed an application for SSDI benefits with the United States Social Security Administration (SSA), and his application was denied.  At this point, he filed a written appeal.  This written appeal was denied, but it should be noted that nearly every written appeal of a denial of benefits is denied as well. Continue reading

There are currently around 11 million Americans collecting Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. These are the two programs the United States Social Security Administration (SSA) runs to provide benefits for disabled adults and children who cannot work due to their respective medical conditions.

1078874_word_work_on_the_dices-300x214Many in Congress like to claim that there are too many people collecting disability benefits, and they should be working.  We know that this is just political rhetoric, but there does not seem to be any stopping politicians from making these unfounded claims.  The truth is that the vast majority of people collecting Social Security disability benefits would much rather be healthy and able to work.  One reason we know this is because the cap for disability benefits is under $1,100 per month, which is much less than many people could earn at work even at a minimum wage job.  This is not a coincidence, as Congress did not want people to make more in benefits than they could while working. Continue reading

A recent news feature from CNBC looks at some interesting statistics pertaining to the Social Security Disability Insurance (SSDI) application process and also offers some helpful tips for getting your application approved faster.

957924_hand-300x200One of the first things to understand is just how difficult it is get approved for Social Security Disability Insurance benefits, especially if you do not have an experienced attorney representing you during the application process and appeal, which is often necessary.  As it turns out, between 2004 and 2013, slightly more than a third of all claims were approved by the United States Social Security Administration (SSA).  To put it another way, 64 percent of all claims were denied. Continue reading

In Stage v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was working at a factory in 1985 when she suffered two slipped discs in her spine.  She simply kept working through the pain, but her condition got much worse as the years went by. Two decades later, she was diagnosed with severe arthritis in hips, left leg, both shoulders and her back.  She also suffered from a degenerative disease in her spine.  She was 5’6” in height and her weight about 200 pounds at the time she first appealed a denial of her Social Security Disability Insurance (SSDI) benefits.

1115701_black_and_white_crime_2In addition to her arthritis and obesity, she also suffered from hyperlipidemia (high cholesterol), hypertension, and hypothyroidism.  When she first filed for Social Security Disability Insurance benefits, she claimed her hip pain and back paid made it impossible for her to work as of October of 2009.  Her job history included working at the factory, working at a kitchen in a nursing home, and work as a bartender. The back pain and hip pain was confirmed via her medical records submitted along with her benefits claim.  Continue reading

Miller v. Commissioner of Social Security Administration, a case from the United States Court of Appeals for the Sixth Circuit, involved a claimant who was a single father. Prior to becoming disabled, claimant worked as a security guard, material handler, bouncer at a local night club, and machine operator.

755993_pillsIn early 2006, claimant went to the emergency room seeking treatment for an injured left knee. Doctors performed a full examination with imaging and determined claimant had degenerative damage to his knee, as a well a contusion, which was the primary reason he went to the emergency room. Continue reading

In Ash v. Colvin, an appeal heard in the United States Court of Appeals for the Eighth Circuit, claimant filed for disability benefits, including Social Security Disability Insurance (SSDI) benefits, with a date of disability onset in late June 2010. Her disabilities claimed on the application for benefits included back injuries, foot problems, irritable bowel syndrome (IBS), depression, headaches, and mild mental retardation.

736458_headed_homeIn case you were wondering about the term mental retardation, it is no longer used in the DSM-5 and ICD-11, but that was around the time this case occurred, and the United States Social Security Administration (SSA) was not up to date in many areas, including the 1970s Dictionary of Occupational Titles (DOT) used during hearings before administrative law judges (ALJs). The new term used in the DSM is intellectual disability. Continue reading

Loveless v. Colvin, an appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant, who at 56 years of age had a lengthy work history. Claimant worked various jobs, including a delivery driver, warehouse employee, and supply manager for a plumbing company, and he owned a restaurant.

1033916_medical_instruments_3In 2009, claimant began to feel significant pain in his right shoulder, and his doctor referred him to an orthopedic surgeon. Claimant was given steroids, physical therapy, and injections of joint lubricant medication, as well as anti-inflammatory medications, but nothing worked. At this point, the surgeon opted to perform arthroscopic surgery on claimant. This occurred in September of that same year. Continue reading

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