Massachusetts Social Security Disability Lawyers Blog
More and more Americans with disabilities are striving to overcome their disabilities and show the world that they can do anything they want. As we find ourselves in National Disability Employment Awareness month, the idea of people being able to work despite their disability becomes a major focus.
A recent article from Logan Daily News looks at how this fight to overcome disabilities works in relation to the Social Security Disability Insurance (SSDI) benefits program. First, the article discusses one major misconception the general public and politicians have about those who are receiving disability benefits. This misconception is that people who collect disability benefits from Social Security have never worked a day in their lives and choose to sit at home collecting benefits instead of working.
First, anyone who collects benefits for Social Security Disability Insurance must have worked enough years and earned enough quarterly credits to qualify for benefits. In order to receive Social Security Disability Insurance benefits, the disabled American must first be insured. Being insured means having worked and paid into the system through the payment of taxes.
With respect to the disability requirement, in order to qualify for Social Security Disability Insurance benefits, claimant must have one or more substantial impairments that will last at least a year or is likely to result in death. There is also a requirement that disabled claimants cannot perform any type of work for any period of time. If claimant is deemed able to work for any period of time at any job, United States Social Security Administration (SSA) may deny benefits.
One of the best things you can do to help insure your benefits claim will be approved is consult with an experienced Social Security Disability Insurance benefits attorney in Boston as early in the process as possible. The system for reviewing applications is at least unofficially designed to deny more than half of all applicants’ claims without regard to merit. The first review of an application is usually by a single claims reviewing employee. Once an applicant is rejected, claimant can resubmit the application for reconsideration. This phase in the process involves what is typically a peer review of the original denial. Peer review is, as it sounds, review by a worker possibly sitting in the cubicle over from the employee who initially rejected the claim. It is almost unheard of for an application that was initially denied to be approved at this stage in the process. Eventually, you have a hearing before an administrative law judge (ALJ), and this is the best chance for your disability attorney to get you the benefits you deserve. At the hearing, the ALJ will typically take testimony from doctors hired by Social Security who will generally take the position that you are not disabled. Your attorney can call a medical expert who is familiar with your case and disability, and that expert will offer an opinion consistent with a finding of disability.
In order for an ALJ to dismiss the opinion of claimant’s doctor, he or she will have give a written finding as to why the doctor was not credible, and this is not easy to do.
If you are seeking Social Security Disability Insurance benefits in Boston, call for a free and confidential appointment at (617) 777-7777.
Additional Resources:
Social Security disability helps people who work, October 13, 2015, Logan Daily News
More Blog Entries:
Hanson v. Colvin: A Critical Look by a Court of Appeals on a Denial of Benefits, August 14, 2014, Boston Disability Lawyers Blog.