Social Security Disability Lawyer BlogAn application for Social Security disability insurance benefits (SSDI) and Supplemental Security Income (SSI) can assist with obtaining health insurance benefits in a number of different ways. Whether it’s obtaining Medicaid Insurance (which is a Federal program administered by the states, and which is called Medicaid in New Hampshire, Mainecare in Maine and Mass Health in Massachusetts) or, ultimately Medicare (the Federal health insurance program that provides benefits not only to those who have hit retirement age, but also to certain qualified individuals who have been approved for SSDI Benefits, the potential additional benefit associated with an application for SSDI and SSI cannot be ignored. Continue Reading ›
Articles Posted in Considerations for Claimants as They Proceed with an Application
How an Attorney Can Assist You with a Social Security Disability Claim while on Long Term Disability Benefits
For those fortunate enough to have a Long Term Disability (LTD) plan and, thus a corresponding entitlement to a benefit payment through their employer in the event they become long term disabled from working, it will be necessary to look into a potential application for Social Security disability (SSD) benefits. Understanding the interplay between the two programs, how they are similar and yet differ, and how an attorney can serve you in both of these processes with the cost being taken care of by your insurance carrier, is quite important. Continue Reading ›
Problems with Establishing a Mental Health Disability in Today’s Managed Care Environment
In order to establish a claim for Social Security disability insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, it’s necessary that you prove you are likely to remain totally disabled from all forms of gainful employment despite prescribed treatment for a year or longer. With the state of managed care through one’s own health insurance coverage, not to mention the state of the current Social Security regulations and the availability of treatment providers, it has become increasingly more difficult to prove a mental health disability claim. Continue Reading ›
NOSSCR Convention Proceedings and Developments with the Social Security Administration
The National Organization of Social Security Claimants’ Representatives is an organization whose membership is comprised of both attorneys and non-attorneys who focus their practice on the representation of the long term disabled in Social Security disability claims and appeals. Two times a year, this organization sponsors a 3 day conference where various presenters come and speak to members about various issues that arise in the representation of such cases, including what is happening with both the Social Security Administration with respect to its manner of handling as an agency the administration and adjudication of such claims. These programs include (both vocational and medical, including doctors) who are involved in the adjudication of such claims. Continue Reading ›
Treatment Considerations for Maine’s Indigent Claimants Suffering from a Mental Health Disability
Many of Maine’s disabled are suffering from severe mental health problems that impact their ability not only to work but also to seek out the types of treatment they need so as to appropriately treat their mental health illness. For those who are longer term disabled from working as a result of their disabling condition, it becomes necessary to seek benefits from the Social Security Administration in the form of Social Security disability income benefits and/or Supplement Security Income. Unfortunately, many individuals do not understand that in order to prove entitlement to Social Security benefits it is necessary to prove 1) that they remain totally disabled from a “severe medically determinable impairment” that causes them to be 2) unable to undertake gainful employment “despite prescribed treatment.” And thus, it’s important to understand from an initial standpoint that one can not meet these 2 requirements without appropriate medical care. Many are left not knowing what options remain available to them. Continue Reading ›
The Vocational Analysis Administrative Law Judges Undertake at Hearing
There is a common misconception among many Social Security disability claimants that disability benefits are payable if they remain unable to perform the work that they’ve undertaken for years. We hear this from skilled professionals who suffer from severe mental health problems and, as a result, believe they remain unable to return to the stress and strain associated with the requirements of their prior profession. Likewise, we hear this from those who have worked more labor intensive positions, such as in construction or, for example, as auto mechanics. We are many times facing the uncomfortable position of having to explain to a disabled individual that the Social Security disability program is not meant to provide benefits in a circumstance where they remain incapable of working the profession that has formerly paid them a comfortable salary: rather it is meant to provide compensation in a circumstance where they remain no longer capable of working at any job for which they are reasonably suited by age, education or experience and can earn a gainful wage, which in 2016 is defined as the ability to earn simply $1130 per month. Having to explain the evaluation process the Administrative Law Judge (ALJ) undergoes at hearing can be just as difficult. Continue Reading ›
5 Common Mistakes seen from Maine Social Security Disability Applicants
The Social Security disability process involves a complex set of rules and regulations that are not commonly understood. Here are some of the most commonly seen mistakes we see from those who have been denied Social Security Disability Benefits in the State of Maine. Understanding these commonly held misconceptions can help you avoid the same result.
Whether to Appeal Your Social Security Disability Claim or Refile in Massachusetts
Many individuals applying for Social Security disability benefits in Massachusetts are denied on their initial application. What is not commonly understood, however, is that it may not always be in your best interest to appeal your denial: whether you are denied on your initial claim or denied on reconsideration. We’ll attempt to provide some guidance in this article as to some of the considerations you should have when deciding whether to appeal. Continue Reading ›
Understanding what “Disabled from Working” Means for Purposes of your Social Security Case
Whether you are considering applying for the first time for Social Security disability, or you’ve reached the stage of preparing for an Administrative Law Judge hearing, a clear understanding of what it means to be “disabled” under Social Security’s rules is critical. Social Security disability benefits are meant to assist those that remain totally disabled from all forms of gainful employment for what is expected to be a year long long or has been a year or longer. Many claimants approach our office failing to understand what needs to be proven, and with this misunderstanding, may apply prematurely or when it does not make sense, or may be proceeding to hearing failing to understand what issues will be of concern to the judge who will be hearing their case.
Social Security Disability Insurance Work Credits and One’s Date Last Insured
When considering an application for Social Security Disability Insurance benefits in Massachusetts and throughout New England, it’s important to understand what the Social Security Administration is referring to when they mention your date last insured as this may directly impact your ability to collect benefits. There are two type of Social Security disability benefits provided for by Federal law: 1) Social Security disability insurance benefits, otherwise known as Title II benefits or SSDI, that one pays for through tax contributions, and Supplement Security Income, otherwise known as Title XVI benefits and 2) SSI benefits, which are a form of federal welfare benefit based on need. In order to quality for SSDI benefits, it is necessary to show that you have acquired sufficient quarters of coverage in order to qualify for a benefit and that you remain “insured” at the time you become disabled from working. Understanding what this term means, is quite important. Continue Reading ›