Social Security Disability Lawyer Blog
The waiting time for those who have requested a hearing before an Administrative Law Judge has only increased over the last few years. While those in Maine, Massachusetts and New Hampshire, that is, Region 1, were waiting the least amount of time when compared to the rest of the country, and were waiting approximately 1 year from time the request for hearing was submitted until such time as the hearing, the wait time can now be up to close to a year and a half. Having a lawyer who understands under what circumstances your case might qualify for expedited processing can prove critical. 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 ›
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 ›
Adult Disabled Child Benefits in Massachusetts and throughout New England
There are a number of benefits available to children under the Social Security disability system, including benefits under one’s parent’s record assuming the insured wage earner has worked sufficiently to qualify for a benefit to their minor child. Such benefits can continue until the child reaches the age of 18, or up until the age of 19 years and 2 months assuming the child remains in secondary school. Likewise, the Social Security regulations do provide for benefit programs to younger individuals who may become disabled from working at a young age and do not qualify for benefits under their own earnings record as they have not paid sufficiently into the Social Security disability insurance benefit program: 1) they may qualify for a benefits under the welfare Supplemental Security Income (SSI) program and, additionally, 2) they may qualify for a lesser known benefit as an “adult disabled child” and obtain what is deemed to be a survivor benefit under their retired, disabled or deceased parent’s record. Continue Reading ›
How your Maine Social Security Lawyer Should Assist with your Online Disability Report Appeal Form
When you initially apply for Social Security disability benefits, you are required to undertake an initial disability report that requires you to spell out the medical conditions that you believe disable you from working, the treatment you’ve received, your work history (including when you last worked and why you stopped working), along with your educational and training history (among other items). Assuming one faces a denial of their claim, at each step of the subsequent proceedings (in Maine, this would be the reconsideration and request for hearing processes) you are required to provide an updated Disability Report that spells out to the Social Security Administration how your things have changed. Your Maine Social Security Lawyer should be there to assist you with this process to ensure the Social Security Administration (SSA) is being provided with accurate answers that allow them to fully and fairly assess as to where you now stand. Continue Reading ›