Social Security Disability Lawyer BlogAs 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 ›
Articles Posted in SSDI
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 ›
The Use of Medical Experts by Administrative Law Judges in Social Security disability claims
There are a number of different scenarios in which one will find Administrative Law Judges (ALJ’s) in Social Security disability claims consult with medical experts. Understanding why such experts may be consulted and how their opinions may impact your case is important and can help relieve some of the stress involved with attending a hearing before an ALJ. 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 Role of the Vocational Expert at the Administrative Hearing, Part II
In the first part of our blog series on Vocational Experts and their role in the Administrative Hearing process we explained the legal issues that arise in a Social Security disability claim and the manner in which an Administrative Law Judge (ALJ) will go through their sequential evaluation process and, if appropriate and necessary as part of that, utilize the services of a Vocational Expert (VE) at hearing. In Part II of this series, we’ll discuss the process by which a VE will prepare for and testify at the actual hearing. 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 ›
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 ›