Social Security Disability Lawyer BlogOur office routinely represents claimants who are suffering from the severe effects of Irritable Bowel Syndrome (IBS), Crohn’s Disease and Colitis related claims and have assisted the vast majority of these clients with obtaining favorable decisions in their cases. If properly documented and presented, these claims are well-recognized and thoughtfully considered by the Administrative Law Judges we routinely appear in front of out of Maine, Massachusetts and New Hampshire. Having a knowledgeable and experienced Social Security disability lawyer from the very beginning can assist you in ensuring your case is properly presented for consideration. Understanding Social Security’s rules and regulations is important to an understanding as to how one’s claim should be documented so as to ensure a successful conclusion. Continue Reading ›
Articles Posted in The Basics of Social Security Disability Law
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 ›
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 ›
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 ›
Availability of Family Benefits Under the Social Security Disability Insurance Program
As we approach Father’s day this year, I thought it would be a good time to discuss the various benefits available to family members of individuals found disabled and entitled to benefits under the disability insurance program. The term of art used by the Social Security Administration for this family benefit is called “auxiliary” benefits which are based on the earnings record of the “master” beneficiary: that is to say, based on the earnings record of individual found to be disabled. 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 ›
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 ›
Common Misconceptions Regarding Social Security Disability in New Hampshire and New England
As a Social Security Lawyer practicing in New Hampshire for many years, I have come across numerous misconceptions about the system. We are many times contacted by individuals who are either looking to file an initial claim for benefits or who have recently been denied benefits based on either misinformation they have received from friends or family or their own misconception as to what one needs to prove in order to qualify for benefits and the manner in which payment takes place if indeed one is approved for benefits. Continue Reading ›