Social Security Disability Lawyer BlogHaving undertaken Social Security disability hearings for more than twenty-six (26) years, we have seen good times and bad times when it comes to how long one needs to wait to get to a hearing. While the procedure in the State of New Hampshire is more streamlined than that which takes place in Maine and Massachusetts (from the standpoint of remaining a pilot project state where the need to undergo a request for reconsideration process before proceeding with a hearing request has been removed), all three (3) states have lengthy wait periods that remain quite frustrating to Social Security disability claimants who have remained long term disabled and without an income. Here is an update as to where things stand.
Articles Posted in Considerations for Claimants as They Proceed with an Application
Should I Apply for Unemployment Benefits if I am Applying or Have Applied for SSDI Benefits, Part II
As we were discussing previously in Part I of this blog , one must be very careful about applying for unemployment benefits as it can be construed as inconsistent with an application for Social Security disability insurance (SSDI) benefits. This assumption, as we will discuss, does not apply in every case. Continue Reading ›
Should I Apply for Unemployment Benefits if I am Applying or Have Applied for SSDI Benefits, Part I
What can be one of the most difficult questions we can be asked is whether one should apply for unemployment benefits, both in the context of when one has already applied for Social Security Disability Insurance (SSDI) benefits or when one is considering an application for SSDI benefits. The answer is very fact specific and we’ll attempt to provide you with some guidance that will hopefully allow you to answer such a questions. Continue Reading ›
Establishing a Claim for Social Security Disability Benefits for Interstitial Cystitis, Part II
In part I of our blog on Interstitial Cystitis (IC) we discussed the manner by which the Social Security Administration (SSA) will undergo a determination as to whether one is experiencing what is deemed to be a “medically determinable impairment” (or “MDI”) of IC. In part II of this series, we will address how SSA reviews whether an MDI of IC, once determined to be severe, will qualify one for Social Security disability benefits under SSA’s sequential evaluation process. Continue Reading ›
Establishing a Claim for Social Security Disability Benefits for Interstitial Cystitis, Part I
When suffering from what can be the very debilitating effects of Interstitial Cystitis (IC), and when considering the need to apply for Social Security disability benefits, it’s very important to understand what the Social Security Administration (SSA) will require an individual to prove in order to qualify for benefits. Understanding the process by which SSA will evaluate your claim can help make for a much smoother application process. As we always recommend, however, it remains advisable to seek the assistance of a Social Security disability lawyer who is familiar with Social Security’s rules and regulations and this guidance should not be viewed a substitute for the legal advice and assistance an attorney can provide with this process. Continue Reading ›
The Difference Between a Loan and a Gift When Applying for and Collecting SSI, Part II
In Part I, we discussed the role of the SSI program and how loans and gifts are treated differently by the Social Security Administration (SSA). In Part II, we will discuss how one can financially assist a disabled claimant applying for or receiving Supplemental Security Income (SSI) in a manner which will cause the least amount of reduction to their potential or ongoing SSI check so as to maximize the amount of financial assistance they are receiving. Continue Reading ›
The Difference Between a Loan and a Gift When Applying for and Collecting SSI, Part I
When applying for Supplemental Security Income (SSI) it is important to understand the difference between what is considered a loan and what is considered a gift: the two are treated vastly different by the Social Security Administration. Likewise, when understanding the treatment of loans it is important to understand the difference between a cash loan and what is referred to by SSA as an “in kind” loan. Continue Reading ›
Tips for those Claiming Disability as a Result of Fibromyalgia
Over the course of more than twenty-six (26) years of assisting those applying for Social Security disability throughout Maine, Massachusetts and New Hampshire, we have come across a number of recurring problems for those who contact our office claiming disability benefits for the condition “Fibromyalgia.” With that in mind, here is the most common themes that seem to arrive and how they might be resolved. Continue Reading ›
The Importance of “Positioning” When it Comes to a Social Security Disability Claim
It might not seem as though it’s an important distinction to make, but when it comes time to pursuing a Social Security disability claim or appeal, the difference between one’s ability to sit for a length of time versus recline or lie down can turn a case on a dime: result in an unfavorable decision in what would otherwise be deemed a favorable decision. These are the types of subtle distinctions that experienced Social Security disability lawyers should go over with their clients during the course of filling out the application materials so as to ensure that the Social Security Administration (SSA) has a clear sense of their functional abilities. Continue Reading ›
Incentives to Return to Work Under the Social Security Disability Program
Most individuals applying for or receiving Social Security disability insurance benefits do not understand the many incentives built into the program for a return to work. The disability program is based on a premise that benefits should be afforded to those who remain disabled from performing all manner of gainful employment (defined in 2016 as the ability to earn simply $1130.00 per month on a regular and continuing basis) for what is expected to be a year or longer. Thus, individuals who have gone out of work for some period of time, but perhaps not for a year or longer, should understand how attempts at a return to work will in almost all cases prove to be a win/win situation for the disability claimant. Continue Reading ›