Massachusetts Social Security Disability Lawyer Blog

Angela Farrell suffers from anxiety, depression, suicidal tendencies, insomnia, vertigo, migraine headaches, fibromyalgia, carpal tunnel syndrome, and plantar fasciitis. She was 33 years old when she applied for disability insurance benefits, and listed all of these impairments.

Farrell's initial application was denied, but the Social Security Administration Appeals Council remanded her case for reconsideration. On remand, the Administrative Law Judge again ruled against her, stating that she failed to establish that she definitively had fibromyalgia.

Next, the Appeals Council affirmed the decision, even though Farrell had new evidence that confirmed her fibromyalgia. Then, the district court affirmed the Administrative Law Judge's ruling, still denying Farrell benefits. Farrell appealed this decision, which brought her claim to the Court of Appeals for the Seventh Circuit.

Continue reading "The Difficulty in Obtaining Social Security Disability Benefits: Farrell v. Astrue" »

The trustees of Social Security and Medicare announced that people who benefit from their programs will face a cut in benefit of up to 25 percent by the year 2033 if Congress does not step in. Unfortunately, it is speculated that Social Security Disability beneficiaries will see their checks reduce by 21 percent within the next four years because of the drastic increase in Social Security Disability claims.

Nearly one million disability claims have been filed in the last three years and this is attributable to a number of factors, including:

• Social Security Administration broadening the definition of disability
• Unemployment benefits expiring, and
• The recessions impact on the job market.

The program has expanded in the past few decades and now covers workers under the age of fifty, disabled spouses of deceased workers and disabled children who were never able to work. It has also broadened the spectrum to include mental impairments rather than just physical ones.

Continue reading "Social Security Disability Recipients Could Face Drastic Benefits Cut" »

Deval Patrick's administration put out a call for bids from organizations interested in managing the health care of approximately 111,000 low-income residents of Massachusetts who have complex and expensive medical needs. The group of people this program would help includes people age 21 to 64 that are disabled and are covered by both the Medicaid and Medicare programs. Being covered by both can be confusing for patients, lead to fractured care and complicate communication among providers.

Governor Deval Patrick said, "This initiative will improve health outcomes for some of our neediest residents. By emphasizing integrated, community-based care, Massachusetts will again lead the nation in providing comprehensive, cost-effective care."

The state spent about $3 billion on "dual eligibles" in 2010, so there are billions of dollars up for grabs by groups interested in becoming an integrated care organization. The organizations chosen would begin registering patients in January 2013, and coverage would begin in April.

Continue reading "Applications for Groups to Manage Health Care for "Dual Eligibles" Wanted in Massachusetts" »

The unemployment rate for people with disabilities has increased above fourteen percent again during the first quarter of 2012 after decreasing significantly at the end of 2011, according to an Allsup study. The Allsup Disability Study: Income at Risk found that people with disabilities experienced an unemployment rate nearly seventy four percent higher than for people without disabilities for the first quarter of 2012.

From January to March, the unemployment rate for people with disabilities was 14.6 percent, while people with no disabilities had an unemployment rate of 8.4 percent. For people with disabilities, this is a ten percent increase from the previous quarter, where unemployment was 13.2 percent. The Bureau of Labor Statistics reported that 42.5 percent of unemployed individuals in March 2012 had been jobless for at least twenty-seven weeks.

Allsup disability Life Planning Center director, Paul Gada, said, "People with disabilities often face a much greater challenge in securing employment. Their health condition may make it difficult to continue to work for extended periods, or it worsens so they are forced out of the labor market entirely."

Continue reading "Unemployment Rate Decreasing, but Not for Disabled" »

Social Security Disability Insurance (SSDI) is a federal benefits program that provides aid to people that suffer from a permanent disabling condition and are therefore unable to achieve gainful employment.

In order to qualify for SSDI, your permanent disabling condition must prevent you from working, which means that the disability must last a minimum of twelve months and that you cannot earn an income greater than $1,000 per month. SSDI is financed by Social Security tax, so to qualify a person must have a fairly constant work history and have worked five to ten years combined before becoming disabled. To be considered disabled you must meet the following standards:

• You cannot perform your previous job.
• You cannot change to another occupation because of your medical condition.
• Your medical condition must last for at least a year or result in death.

SSDI benefits are based on the specific criteria listed above, so even if your doctor deems you disabled, it does not automatically qualify for disability benefits. The number of applicants for SSDI is at an all time high, so due to the limited resources more than 60% of applications are denied in the initial stage, and in the appeals stage the number is well over 80%. Some reasons why claims for disability benefits may be denied include:

Continue reading "Social Security Disability Overview " »

Approximately 8.7 million Americans who are unable to work collect Social Security Disability Insurance (SSDI) benefits each month. That number has increased by about 1.6 million, or 22 percent, since the Great Recession began in 2007. By March 2012, a record 5.3 percent of the United States population between the ages of 25 and 64 collected SSDI benefits. In 2011, applications rose to a rate of about 18 per 1,000 Americans of working age.

According to economic analysts at JPMorgan Chase and Morgan Stanley, the rate of working age Americans who were either employed or seeking employment fell by about 25 percent during the last five years. In January 2012, the United States labor force participation rate fell to a 30-year low of 63.7 percent. Despite the two percentage point drop since 2007, the number was headed back up slightly by the end of March. Economists believe SSDI recipients may make up as much as one-fourth of the overall drop in participation that occurred during the last half of a decade. According to Michael Feroli, Chief U.S. Economist at JPMorgan, the availability and use of social programs like unemployment benefits and SSDI can have a dramatic influence on the economy as a whole. Some economists believe the effect SSDI has had on labor participation rates will increase once extended unemployment benefits expire at the end of 2012. With more Americans collecting SSDI, both the unemployment and labor participation rate will likely be lower.

SSDI benefits pay on average about $1,100 per month to Americans who suffer from a mental or physical disability that renders them unable to work for at least 12 months. Recipients are also granted access to government health care programs. Applications generally rise during a recession because it is often more difficult for those who suffer from an impairment to procure gainful employment in a scarce job market. In fact, unemployment rates for the disabled rose at a much faster rate between 2008 and 2011 than for healthy people. Many citizens who collect SSDI benefits do not return to the workforce. According to Morgan Stanley Managing Director David Greenlaw, approximately 99 percent of all SSDI recipients collect benefits until they reach retirement age.

Unfortunately, the SSDI application process can take years to navigate and almost 90 percent of applications are initially denied. If you are disabled and unable to work, it is a good idea to discuss your case with a knowledgeable Massachusetts social security disability attorney who can help you file your application or appeal and receive the benefits you deserve.

Continue reading "Number of SSDI Recipients is Up 22 Percent Nationwide Since 2007" »

The United States Social Security Administration (SSA) recently partnered with the Department of Defense to make access to disability benefits for wounded veterans and their family members less cumbersome. The SSA now has the ability to receive military medical records from multiple facilities using a single, centralized system. The newly implemented project was designed to speed up the Social Security Disability Insurance (SSDI) application process for injured members of the nation's military. According to Social Security Commissioner Michael J. Astrue, the partnership will also make the SSDI program more accurate and efficient.

The collaboration consolidates SSDI medical records requests at a single Department of Defense location that has access to the organization's central database. The location then responds electronically to SSDI records requests that would previously have been sent to multiple locations. On average, Department of Defense medical records are now transmitted electronically to SSDI claims offices within 72 hours after receipt. Prior to implementation of the program, the median response time for paper medical files was approximately five weeks.

The partnership originally began as a pilot program in five states. On April 30, 2012, the rest of the nation joined Colorado, Oregon, North Carolina, Washington, and Virginia in receiving expedited military medical records. Benefits associated with the nationwide partnership include faster receipt of military medical records by SSDI examiners, increased efficiency for both agencies, fewer applicant consultative exams, and speedier SSDI application decisions for the nation's wounded soldiers and their families. The SSA hopes to eventually utilize a completely automated medical information sharing system in the future.

Many people in the United States believe social security benefits are only available to the nation's retired population. SSDI was established to provide financial assistance to disabled Americans who are unable to return to work for at least one year. If you have a physical or mental disability that has rendered you unable to work, you should discuss your situation with a skilled Boston social security disability attorney.

Continue reading "Social Security Administration Begins Nationwide Medical Records Partnership With Department of Defense " »

Many Social Security Disability Insurance (SSDI) applications are denied at first. Following an initial denial, a disabled person's application will normally go through a process called reconsideration. During the reconsideration process, an applicant's file will be reviewed once again by a different examiner. If the disabled person's application is also denied at the reconsideration stage, the applicant has 60 days to request a hearing before an administrative law judge.

Winning a SSDI appeal depends on a number of factors. Because each administrative law judge approves a different percentage of claims, the judge who hears your case can have a significant impact on whether you win your appeal. Other factors are also important, though.

An individual who suffers from a disability included in the Social Security Administration's Listing of Impairments is generally more likely to win a SSDI appeal. Also, an applicant must clearly demonstrate that the disability prevents employment and will last for a period of at least one year. In order to establish a disability during the SSDI appeals process, it is important for an applicant to provide medical records, medical opinions, and other written evidence. Additionally, an applicant should be cognizant of both the weaknesses and the strengths of their case.

At an SSDI hearing, an administrative law judge will ask the applicant questions about how their disability affects daily living. During the hearing, both the judge and the applicant's attorney will be given an opportunity to question any medical or vocational witnesses. The applicant will also be provided with an opportunity to discuss any pertinent issues which may have on effect on his or her case.

The administrative law judge has up to 90 days to render a decision following an SSDI appeal. Common decisions include approval of the entire disability, approval of the disability for a shorter time period than requested, denial of the disability, and dismissal. A judge will normally dismiss an applicant's case where a request for appeal was not timely filed or the applicant failed to attend the hearing. Although about half of all SSDI cases are approved following an administrative hearing, many are denied. A disabled applicant may appeal an administrative decision before a federal court. If your SSDI application was denied, a capable Massachusetts social security disability attorney can help you file an appeal.

Continue reading "The Social Security Disability Appeals Process in Massachusetts, Nationwide" »

Last week, the nation's Social Security Administration announced that 52 medical conditions would be added to the organization's Compassionate Allowances program beginning in August 2012. The program is designed to speed review of Social Security Disability Insurance (SSDI) applications for those individuals with certain serious medical conditions such as neurological disorders and certain types of cancer. The Compassionate Allowances program provides speedy decisions for severely disabled Americans who may not have months or years to await a disability benefits decision. The list now includes 165 disorders.

Since the Compassionate Allowances program was introduced in 2008, approximately 173,000 severely disabled citizens received an expedited SSDI application approval. Last year, almost 61,000 SSDI applications were fast-tracked using the program. The Compassionate Allowances program uses information technology and statutory disability standards to make faster SSDI benefit decisions. Some of the conditions on the program list include rare genetic disorders, certain types of cancer, early-onset Alzheimer's, specific brain conditions, and immune system disorders.

Earlier this month, the Social Security Administration also sought comments from healthcare providers and patient groups regarding suggested visual disorders criteria for SSDI benefits. The Administration is currently revising its Listing of Impairments that may qualify an individual for SSDI benefits in an effort to make speedier and more accurate disability determinations. The Listing of Impairments outlines medical conditions that will result in a presumption of disability if expected to last at least 12 months.

Additionally, the Social Security Administration is expanding its online application process and recently awarded eight new research grants focused on improving the SSDI application process. The grants, administered through the Disability Determination Process Small Grant Program, will analyze the Compassionate Allowances program, enrollment issues, homelessness, and the organization's Wounded Warriors initiative. The aim of the organization appears focused on reducing the Social Security Administration's lengthy backlog of SSDI applications. If you are no longer able to work due to a disability, a knowledgeable Boston social security disability attorney can answer your questions and assist you with the SSDI application process.

Continue reading "52 Medical Conditions Added to Social Security Disability Fast-Track Program" »

Last month, a RAND Corporation analyst told the House Ways and Means Social Security subcommittee that approval of Social Security Disability Insurance (SSDI) applications was highly dependent upon which examiner's desk the case happened to land on. In a hearing on the SSDI program, Nicole Maestas told the subcommittee after accounting for individual case differences, approximately 15 percent of examiners approve six percent more applications than the average SSDI examiner. Another five percent of examiners approve about 12 percent more applications than an average examiner. Maestas also stated the difference was even more striking when initial application approval rates were examined. According to research performed by the RAND Corporation, up to 60 percent of applicants would likely have had a different case outcome if their application was reviewed by another examiner.

The subcommittee held hearings on the SSDI program in response to recent complaints regarding heavy caseloads, employee exhaustion and burnout, slow response times, and an exceedingly high rate of reversal of previously denied applications on appeal. According to Maestas, the SSDI appeals process can take as long as two years. The RAND Corporation found that approximately 63 percent of applicants with musculoskeletal disabilities and about 39 percent of applicants with mental disabilities win benefits on appeal. The two categories now make up 59 percent of all SSDI benefit applications nationwide.

During the hearing, Liza Ekman, a senior policy advisor from Health & Disability Advocates stated Social Security Administration funding for the SSDI program should be increased. According to Ekman, additional funds ought to be allocated to provide increased training for SSDI adjudicators and improve the overall claims process. Ekman also told the subcommittee the Administration should do more to assist obviously disabled applicants.

Michael Astrue, Commissioner at the Social Security Administration, informed the subcommittee the Administration is now using more technology to improve the SSDI application process. He also stated the organization is making an effort to increase SSDI uniformity across the states. Currently, although the Social Security Administration has a nationwide definition of a disabled person, it is up to each state to make disability determinations. The Administration's Office of Quality Performance is also being utilized to ensure applications are properly reviewed.

Federal SSDI was established to provide financial assistance to individuals who are unable to return to work for a period of at least one year. If you are unable to work due to a physical or mental disability, contact an experienced Boston social security disability lawyer to discuss the SSDI application process.

Continue reading "Social Security Disability Approval May Depend on the Examiner in Massachusetts, Throughout Nation" »

According to a recent report, families in the United States that include autistic children earn almost $18,000 per year less than those with children who develop normally. Oftentimes, an autistic child's mother will leave the workforce or work fewer hours in order to provide additional care. In fact, mothers with autistic children worked an average of seven fewer hours per week, had an income that was less than half of mothers with normally developing children, and were six percent more likely to be unemployed. The report also found that fathers generally work the same number of hours regardless of their child's developmental path.

In the United States, autism affects approximately one in every 110 children and kids are increasingly being diagnosed with the disorder throughout the nation. The disorder can range from a mild, high-functioning case to severe mental retardation and disability. In some cases, the costs of an autistic individual's care can reach as high as $3.2 million over the course of a lifetime.

According to David Mandell, Associate Director at the Children's Hospital of Philadelphia's Center for Autism Research, because the needs of autistic children tend to fall into multiple medical service areas, their mothers often leave the workforce in order to ensure they are well cared for. Mandell also said he believes an autistic child's mother often becomes a sort of advocate and case manager for her child. Although the research report could not rule out other factors that may have contributed to lower household income rates for families with autistic children, Mandell stated the income gap might not exist if more services were in place to effectively care for autistic children. He believes appropriate care would lessen a family's burden.

Many do not realize social security benefits are not just available to our nation's retired population. Federal Social Security Disability Insurance (SSDI) is designed to assist hurt individuals who are unable to return to work for at least one year. SSDI or Supplemental Social Security Insurance benefits may also be available to the parents of a disabled child. If you have questions, a capable Boston social security disability attorney can explain the application process to you.

Continue reading "Mothers of Autistic Children Often Earn Less in Massachusetts, Nationwide" »

In 2011, more than one million disabled Americans began receiving Social Security Disability Insurance benefits. Many disability beneficiaries also received a lump sum back payment for benefits they did not receive during the months or years since they became disabled. Unfortunately, disabled Americans often report their disability benefit payments improperly at tax time. In order to avoid paying too much in federal taxes, it is important for disability recipients to understand how to properly report both monthly and lump sum disability payments on their tax returns.

For the 2011 tax year, individuals who earned less than $9,550 and married couples filing jointly who earned less than $19,000 are not required to file a federal income tax return. Each tax year, up to half of social security disability benefit payments are taxable. This means a beneficiary who has other income sources is required to add half of their disability payments to all other income in order to arrive at their gross income for the year. Since the average monthly benefit payment is less than $1,100, most social security disability recipients without additional income will not owe federal taxes.

A problem may arise, however, when a disabled person reports a lump sum payment received in 2011 as 2011 income. Because the income is reported in a single year, a disability beneficiary may wind up erroneously paying too much in federal taxes. The nation's Internal Revenue Service (IRS) allows disabled Americans to spread out lump sum payments over previous filing years on their tax return for the year in which the payment was made. This means a disability beneficiary has the opportunity to lower their tax burden without being required to amend prior year returns.

A disabled individual who received a lump sum benefit payment in 2011 can find the total of such payments in Box 3 of the Social Security Administration's Form SSA-1099. Disability recipients may be able to further lower their tax burden by itemizing medical or other bills or by using the earned income credit. Additionally, disabled taxpayers who sought legal representation in 2011 to obtain social security disability benefits may be able to deduct a portion of the fee paid from their taxes. If you received a social security disability lump sum payment in 2011, it is a good idea to consult with a knowledgeable social security disability attorney.

Continue reading "Reporting Social Security Disability Income at Tax Time" »

The Social Security Administration has recently authorized an independent review of its disability benefit awards. The Administrative Conference of the United States will conduct a study of approximately 1,500 administrative law judges who hear appeals after an applicant is denied disability benefits. Across the nation, there is reportedly a significant variation in disability benefit award rates by judge and region. Study results will be part of a pending overhaul to the disability appeals process.

The Social Security Disability Insurance program was established in 1950. Last year, the program assisted 10.6 million people in the United States by paying out approximately $130 billion in financial and health benefits. The Social Security Administration's administrative law judges preside over disability benefit hearings that were previously denied twice at the state level. The judges are appointed and generally have wide discretion regarding whether to award a claimant disability benefits. Some complain disability hearings are over too quickly despite that there is currently a significant backlog of pending appeals. The amount of time a judge spends in each hearing will also be examined during the independent review.

Some are concerned judges too often deny disability benefits to those who deserve them and award benefits to those who do not. In 2011, The Wall Street Journal published a series of articles that pointed out an alleged inconsistency in disability awards based on both geographic location and which judge decided a particular case. On average, disability benefits are approved in approximately 60 percent of appeals. That number varies widely across the country, however. For example, one judge in Houston awarded social security disability benefits in only 13 percent of the cases assigned to his docket while a judge in Kingsport, Tennessee approved benefits in 99 percent of his cases.

The independent study will also examine why federal courts frequently overturn an administrative law judge's decision to deny disability benefits. More than 50 percent of the approximately 12,000 disability appeals brought before federal courts were overturned in 2010. Although any recommendations made will not be binding, an initial draft of the study will be submitted to the Social Security Administration in August.

Federal Social Security Disability Insurance was established to provide financial support for individuals whose disability or recovery from an injury prohibits them from returning to work for at least one year. On average, social security disability benefits provide Americans who are unable to work with about $1,000 per month. Equally important, social security disability recipients are provided with health care benefits. The application process can be cumbersome and requires disability claimants to follow detailed procedures. It can feel like a maze of both state and federal bureaucracy. If you would like to file a social security disability claim, an experienced Massachusetts social security disability attorney can assist you.

Continue reading "Social Security Administration Examines Disparity in Disability Awards Across the Nation" »

A variety of changes are coming to the nation's social security system in 2012. For the first time in three years, social security recipients will see an increase in their benefits checks. To account for inflation and cost of living increases, payments will be increased by 3.6 percent. That means approximately 60 million Americans will see an average increase in benefits of $43 per month. Unfortunately, a portion of the increase will likely be deducted from many social security checks to pay for increased Medicare premiums.

The wage cap on social security taxes will also increase in 2012 from $106,800 to $110,100 for individuals. This means higher income earners will pay social security taxes on an additional $4,300 of their income. According to the Social Security Administration, approximately 10 million Americans will pay higher social security taxes in 2012 due to the increase. The maximum social security benefits payment will also increase to $2,513 in 2012.

In 2011, workers throughout the nation benefited from a two percent payroll tax cut. This means throughout 2011, instead of paying 6.2 percent of their pay to social security, approximately 160 million workers in the United States only paid a 4.2 percent tax. Last week, the so called payroll tax cut was extended when Congress passed the "Middle Class Tax Relief and Job Creation Act of 2012." The tax cut is expected to increase an American employee's average take home pay by about $1,000 in 2012.

Social security recipients who have not achieved full retirement age may earn wages up to a specified limit before their benefits are affected. In 2012, beneficiaries will be allowed to earn an additional $480 in paid wages before a portion of their benefits are temporarily withheld. After recipients achieve full retirement age, which is currently 66 years old for those person born between 1943 and 1954, there is no penalty for earning wages while collecting social security benefits.

Contrary to what many believe, social security benefits are not just for the retired. Federal Social Security Disability Insurance is designed to assist injured individuals whose recovery or disability will keep them from returning to work for at least one year. Social security disability benefit payments average approximately $1,000 per month and recipients are provided with access to health care benefits. The application process requires applicants to meet strict requirements and follow detailed procedures. Because the application process is complex, it is a good idea to consult with an experienced social security disability lawyer before filing your claim.

Continue reading "Changes Coming to Social Security in 2012" »

Applications for social security disability benefits have recently surged nationwide. Many economists believe the sharp rise in applications is a result of both an extended economic downturn and millions of individuals who have exhausted their unemployment insurance benefits. Two recent studies demonstrate just such a correlation. The recent influx of social security disability applications has created an increasing backlog.

Currently, 10.6 million people in the United States collect Social Security disability benefits. The head actuary for the Social Security Administration, Stephen Goss, has stated an increase in applications during times of economic stress is completely normal. Goss believes this is because it is simply easier for the disabled to find jobs when the economy is strong.

62-year-old Ellen Marino applied for social security disability benefits after she lost her job working for AT&T in 2008. Despite that Marino spent months searching for a position in more than one state, she was unable to successfully find work. Eventually, she began applying for any position available. Marino finally applied for social security disability benefits based on her legitimate hearing issues. Although Marino has spent most of her life wearing hearing aids, she never expected to be unable to find employment. She was denied benefits twice before she decided it was time to retain a social security disability attorney. Last summer, she was finally awarded $1,700 per month in disability benefits.

Many unemployed and disabled Americans have a difficult time convincing officials they qualify for social security benefits. Those collecting unemployment benefits often face an especially tough hurdle when compared with individuals who suffered a recent illness or injury. Judges who hear social security disability appeals after an applicant is turned down should take into account current economic conditions which might have an effect on a disabled individual's ability to obtain employment. An applicant's age and level of education are also factors which should be considered as few beneficiaries ever re-enter the workforce.

In 2009, 36-year-old Ivy Quinton applied for social security benefits when her unemployment benefits were exhausted. She suffers from joint pain, lupus, and rheumatoid arthritis. Although she attempted to find employment and start her own business, she found her physical disabilities to be too cumbersome for her to succeed. Quinton was turned down for disability benefits twice before she decided to seek the assistance of an attorney. Last October, an administrative law judge granted her appeal for disability benefits.

Continue reading "Social Security Disability Applications on the Rise" »