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Seeking Social Security Disability Benefits in MA?
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Boston Social Security Disability Lawyer
Disabilities can be painful, often resulting in the need for ongoing medical treatment to address secondary issues. Disabilities can also be stressful, preventing you from earning an income or participating in your community in the way that you would like. We realize that, with everything else you’re facing, the last thing you want to do is use your time and energy on a lengthy claims process. That’s where an experienced Boston disability lawyer comes in. Schedule a free consultation to learn more about how we can assist with this process.
Social Security disability claims require more than a diagnosis. You must show that your physical or mental condition prevents you from performing substantial work and is expected to last at least 1 year or result in death. For SSDI, you also need enough work credits. For SSI, Social Security considers your income and resources.
The application and appeals process may involve medical records, work-history forms, function reports, and requests for more information. Missing details or inconsistent information can delay a decision or affect a claim. Jimmy Knows!® how much the details matter when you’re applying for benefits, and our team can help you prepare a complete, accurate claim.
You don’t pay an upfront attorney fee to speak with our team about a Social Security disability claim. Under the standard Social Security fee-agreement process, attorney fees are generally limited to the lesser of 25% of past-due benefits or $9,200, subject to Social Security Administration (SSA) approval and the terms of the agreement. Case expenses and other fee procedures may apply in some situations.
Getting Help is Easy.
We understand how confusing the process of filing a claim can be and we are ready to put our experience with Social Security disability claims to work for you. Our attorneys will assist you every step of the way.
You Don’t Have to Fight Alone.
Filing a claim for Social Security disability benefits is a multi-layered process with very strict requirements. Our experienced team knows this process inside and out, and we are ready to fight for the benefits you are entitled to receive.
It Costs Nothing to Start the Process.
We work on a contingency-fee basis, meaning our services are available to you immediately, without an upfront payment. We don’t get paid unless there is a successful outcome to your claim.
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What can I say, Attorney Glaser and his team are the best! Was able to assist with all of my needs and get me the best results! I highly recommend these guys! Thank you Attorney Glaser.
Jim Glaser works hard and is incredibly responsive. He walked me through any questions I had with both my cases. I would refer him to anyone.
Jim Glaser always gives me the best advice and guidance when it comes to my legal needs.
Jim Glaser does an amazing job as his team is extremely thorough and diligent with their work. The best part is they genuinely care about you through their display of compassion and understanding from start to finish which provides peace of mind. You truly feel you are properly being taken care of. Attorney Glaser is very dedicated and takes pride in his work, working tirelessly to help you while exhibiting pure professionalism at all times. I highly recommend this firm!
I met with Jim a couple of months ago about my case. I had to reschedule a few times and he was always quick to respond and was very accommodating and flexible. I was a little nervous meeting with a lawyer, but he instantly put me at ease with his friendly manner and legal knowledge. Most importantly, he was able to bring a positive, timely resolution to my case. I would highly recommend Jim Glaser to anyone in need of his services.
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They were very knowledgeable and informative to all the issues I was experiencing. They also were very prompt in returning phone calls which is very important to me. Excellent experience.
I contacted Jim Glaser Law on several occasions with some legal questions. Although I didn’t have a case, they were very knowledgeable and helpful. I also have several family members who have hired JGL and they were very satisfied with the service. Recommend.
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SSDI and SSI: How the Programs Differ
SSDI and SSI both provide monthly benefits to people who meet Social Security’s disability rules, but they are different programs. SSDI is based on work history and Social Security work credits. SSI is based on disability, income, and financial resources. Some people may qualify for both.
| SSDI | SSI | |
| Work credits | Generally requires enough Social Security work credits | Does not require work credits |
| Financial eligibility | Not primarily based on household income or resources | Income and resource limits apply |
| Benefit calculation | Based on the claimant’s earnings record | Based on federal payment rules, countable income, and living arrangement |
| Health coverage | Medicare generally begins after the applicable waiting period, though exceptions may apply | In Massachusetts, SSI recipients may qualify for MassHealth, subject to program rules |
| Children | Certain family members may receive benefits on an insured worker’s record | Disabled children may qualify based on disability and financial eligibility, including rules that consider parental income and resources |
| Both programs | Some people qualify for SSDI and SSI at the same time | Some people qualify for SSDI and SSI at the same time |
A Social Security disability lawyer from Jim Glaser Law can review your work history, medical condition, and financial situation to help determine which program or combination of programs may apply.
Who May Qualify for Social Security Disability Benefits?
To qualify for Social Security disability benefits, a person must have a physical or mental condition that prevents them from performing substantial work. The condition must have lasted, or be expected to last, at least 12 consecutive months or result in death.
The financial and work-history rules depend on whether you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both.
Who May Qualify for SSDI?
SSDI may be available to workers who have a qualifying disability and have paid into Social Security through jobs covered by the program. Eligibility is based in part on the Social Security work credits you earned through wages or self-employment income.
The number of credits required depends partly on your age when your disability began. Social Security also generally considers whether you worked recently enough before becoming disabled. Many adults must meet both a total-credit requirement and a recent-work requirement, but the familiar “5 of the last 10 years” description doesn’t apply to everyone. Younger workers may qualify with fewer credits.
A Boston Social Security disability lawyer can review your work history and help determine whether you may meet SSDI’s insured-status requirements. You can also review Social Security’s work-credit guidance.
Who May Qualify for SSI?
SSI may be available to adults or children who are blind or have a qualifying disability and who meet Social Security’s income and resource rules. Unlike SSDI, SSI isn’t based on an applicant’s work history or Social Security work credits.
That means SSI isn’t simply a program for people who haven’t worked recently. Someone may have worked in the past but lack enough qualifying work credits for SSDI, or may qualify for SSI in addition to SSDI because of limited income and resources.
For a child, SSI eligibility may be affected by the income and resources of a parent or other household members. SSI eligibility isn’t limited only to U.S. citizens; certain qualified noncitizens may be eligible under Social Security’s rules. A careful review of the household’s financial situation and immigration status can help identify whether SSI may be available.
How Social Security Decides Whether You Are Disabled
Social Security uses a 5-step evaluation process to decide whether an adult meets its definition of disability. A diagnosis alone isn’t enough, and a condition doesn’t have to appear in the Blue Book to qualify. Instead, Social Security considers how your medical condition affects your ability to work, along with factors such as your work history, age, education, and skills.
Step 1: Are You Working Above SSA’s Applicable Limit?
Social Security first considers whether you’re working and earning above its applicable substantial gainful activity limit. Work activity and earnings can affect whether an adult disability claim moves forward.
Still, working doesn’t automatically mean you can’t qualify. The type of work, amount earned, work accommodations, and whether you can sustain the work may all matter. Because Social Security updates its earnings guidelines, review its current work and earnings guidance or speak with a Boston Social Security disability lawyer about your situation.
Step 2: Is Your Medical Condition Severe?
At this step, Social Security considers whether your physical or mental condition significantly limits your ability to perform basic work activities. These can include standing, walking, lifting, sitting, using your hands, concentrating, remembering instructions, communicating, or handling routine workplace demands.
The condition must be expected to cause these limitations for at least 12 consecutive months or be expected to result in death. A condition can be serious and still require stronger medical evidence explaining how it limits your ability to work.
Step 3: Does Your Condition Meet or Equal a Blue Book Listing?
Social Security’s Listings of Impairments, often called the Blue Book, describe medical conditions and findings that may qualify as disabling at this step. If your condition meets the specific requirements of a listing, or is medically equal in severity to one, Social Security may find that you’re disabled without continuing to the remaining work-related steps.
But not meeting or equaling a Blue Book listing doesn’t end your claim. Many people are found disabled at later steps because the combined effects of their symptoms and limitations prevent them from returning to past work or adjusting to other work.
Step 4: Can You Perform Your Past Relevant Work?
Social Security next compares your remaining abilities with the physical and mental demands of your past relevant work. This generally focuses on work you performed during the 5 years before Social Security makes its decision, provided the work was substantial enough and recent enough to be considered relevant.
The question isn’t simply whether you can return to the exact job you held before. Social Security considers whether you can perform that job as you actually did it or as it is generally performed in the national economy. Medical records, job descriptions, and accurate work-history information can be especially important at this stage.
Step 5: Can You Adjust to Other Work?
If Social Security finds that you can’t perform your past relevant work, it considers whether there is other work you could reasonably adjust to. The agency reviews your age, education, work experience, transferable skills, and residual functional capacity, or RFC.
Your RFC is a practical assessment of what you can still do despite your physical or mental limitations. For example, it may address how long you can sit or stand, how much you can lift, whether you need extra breaks, or how symptoms affect concentration and pace.
A person can qualify for benefits even without meeting a Blue Book listing when the evidence shows they can’t perform past relevant work or adjust to other work. For more detail, see Social Security’s disability evaluation process.
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See More ResultsWhat Medical and Work Evidence Can Strengthen a Disability Claim?
Social Security needs enough evidence to evaluate both your medical condition and how it affects your ability to perform work-related activities over time. Strong claims often connect medical records, day-to-day limitations, and an accurate description of past work. The goal isn’t simply to show that you have a diagnosis, but to show what that condition prevents you from doing consistently in a work setting.
Medical Evidence
Medical evidence can establish your diagnoses, treatment history, symptoms, and the progression of your condition. Relevant records may include:
- Treatment notes from primary-care providers, specialists, hospitals, therapists, and behavioral-health providers
- Diagnostic imaging, laboratory results, and other testing when relevant to the condition
- Medication records, including side effects that affect functioning
- Records documenting symptoms, treatment response, flare-ups, and limitations over time
- Opinions from treating providers when available and appropriate
Consistent records can help explain both the severity of a condition and why its effects may prevent reliable, full-time work.
Evidence of Physical and Mental Limitations
Social Security also considers how symptoms affect practical work abilities. For physical conditions, this may include limits on sitting, standing, walking, lifting, reaching, bending, using the hands, or maintaining a regular schedule.
For mental-health or cognitive conditions, relevant limitations may involve concentration, memory, pace, completing tasks, interacting with others, handling stress, or adapting to workplace changes. Pain, fatigue, dizziness, medication side effects, and the need for unscheduled breaks may also affect whether someone can sustain competitive employment.
Clear, consistent examples of these limitations help Social Security understand how a condition affects your ability to work day after day, not just on a good day or during a brief medical appointment.
Work-History Evidence
Your job title alone doesn’t fully explain the work you performed. Social Security needs an accurate picture of the actual duties and demands of your past jobs, including physical, mental, and social requirements.
Helpful work-history information may include:
- Your job titles, duties, and the tasks you performed each day
- How much you lifted, stood, walked, used equipment, or performed repetitive movements
- The concentration, pace, decision-making, customer-service, or social demands of the job
- Any reduced schedule, job modification, missed work, extra supervision, help from coworkers, or accommodations you needed
- Why your work changed or ended
Jimmy Knows!® that consistent information across medical records, forms, and work history can matter. Our team can help you present a clear, complete picture of your medical and work limitations to Social Security.
Applying for SSDI or SSI in Massachusetts
SSDI and SSI are federal programs administered by the SSA. Massachusetts doesn’t independently administer SSDI. Instead, after the SSA completes its initial review, Massachusetts Disability Determination Services (DDS) generally evaluates the medical evidence and makes the disability determination for the SSA.
Starting the Application
You can apply for SSDI or SSI through SSA online, by phone, or through a local Social Security office. The application asks for detailed information about your medical conditions, treatment providers, medications, work history, and, when applicable, financial circumstances.
For an SSDI claim, the SSA focuses on your work history and the medical condition that prevents you from working. SSI also requires financial information because eligibility depends on income, resources, and certain living-arrangement details. Be prepared to provide information about earnings, bank accounts, property, household income, and other available resources when applying for SSI.
It’s important to respond promptly to SSA requests for forms, medical releases, records, or additional information. Delays or incomplete information can slow the review of your claim. You shouldn’t delay filing solely because you don’t yet have every document; the SSA can help obtain information from identified providers.
The Medical Review
After the SSA completes an initial non-medical review, it generally sends the claim to Massachusetts DDS for a medical disability determination. DDS reviews the available evidence to decide whether your condition meets Social Security’s disability rules.
DDS may request additional medical records, function reports, work-history reports, or clarification from your treatment providers. In some cases, it may schedule a consultative examination when the existing evidence isn’t enough to make a decision. You should attend any scheduled examination and respond to all requests by the stated deadline.
Once the review is complete, the SSA sends a written decision notice explaining whether the claim was approved or denied and outlining the available next steps. A Boston Social Security disability lawyer can help you prepare a complete application, track requests for information, and evaluate the options available after a denial.
Common Reasons Social Security Disability Claims Are Denied
A denial doesn’t always mean a person lacks a serious medical condition. Social Security may deny a claim because the available information doesn’t establish disability under its rules, or because the applicant doesn’t meet the separate financial or work-history requirements for the program.
Common reasons for denial include:
- Insufficient medical evidence to establish a qualifying condition
- Medical records that don’t clearly explain how symptoms limit work-related functioning
- Missing, incomplete, or inconsistent information in the application, medical forms, or work-history reports
- Failure to respond to SSA requests or attend a required consultative examination
- Work activity or earnings above Social Security’s applicable limit
- Insufficient qualifying work credits for SSDI
- Income or resources above SSI eligibility limits
- A finding that the applicant can still perform past relevant work
- A finding that the applicant can adjust to other work despite their limitations
A Boston Social Security disability lawyer can review the reason for a denial, identify missing or unclear evidence, and help determine whether an appeal may be appropriate.
Appealing a Social Security Disability Denial
You generally have 60 days after receiving Social Security’s decision notice to appeal. The SSA usually assumes you received the notice 5 days after its date unless you can show otherwise, so review it promptly. Missing the deadline can limit your options, although SSA may grant an extension for a good reason.
1. Reconsideration
Reconsideration is the first appeal level for most disability denials. A different Social Security reviewer examines your claim again, including the evidence already in your file and any updated medical, work, or financial information that may be relevant.
2. Hearing Before an Administrative Law Judge
If reconsideration is denied, you may request a hearing before an administrative law judge. This is an opportunity to explain your symptoms and limitations, submit updated evidence, and address issues identified in the claim file. The judge then issues a written decision.
3. Appeals Council Review
After an unfavorable hearing decision, you may request review by the Appeals Council. The Appeals Council may deny review, decide the case itself, or send it back for further proceedings.
4. Federal Court Review
After the Appeals Council issues a decision or declines review, the next step may be filing a civil action in federal district court.
How a Boston Social Security Disability Lawyer Can Help
A Social Security disability claim requires detailed information about your medical condition, work history, and daily limitations. Attorney Jim Glaser can review your circumstances, explain whether SSDI, SSI, or both programs should be considered, and help you present clear, consistent information to Social Security.
Our team may help with:
- Completing SSDI or SSI applications accurately
- Identifying missing, incomplete, or inconsistent information
- Collecting and organizing medical records and other supporting evidence
- Developing evidence of physical and mental functional limitations
- Documenting the actual demands of past work
- Preparing RFC-related evidence addressing what you can still do despite your condition
- Responding to SSA requests for information or documentation
- Preparing you for an administrative hearing, when applicable
- Presenting the claim within the firm’s confirmed scope of representation
- Explaining a decision and available next steps after a denial
Jimmy Knows!® the details matter in a disability claim. To discuss your situation and learn how our team may be able to help, request a free case review.
Attorney Fees for Social Security Disability Representation
Under Social Security’s standard fee-agreement process, an approved representative fee is generally limited to the lesser of 25% of your past-due benefits or $9,200. Social Security must approve the fee agreement before the representative may charge and collect a fee under this process.
Attorney fees are generally tied to past-due benefits, sometimes called back pay, rather than future monthly SSDI or SSI payments. The $9,200 limit applies to the current standard fee-agreement process; other fee-approval procedures, including a fee petition, may apply in some circumstances.
Out-of-pocket case expenses may be separate from attorney fees if the written fee agreement provides for them. These can include costs such as obtaining medical records. Before retaining counsel, review the firm’s written fee agreement carefully so you understand the potential attorney fee, any expenses, and the scope of representation.
Boston Social Security Disability FAQs
Social Security generally requires a physical or mental condition that prevents you from performing substantial work. The condition must have lasted, or be expected to last, at least 12 consecutive months or result in death.
No. The Blue Book lists medical conditions that may qualify at an earlier step of the process, but a claim can still be approved when a condition doesn’t meet or equal a listing. Social Security may instead consider your residual functional capacity, past relevant work, and ability to adjust to other work.
Yes. Conditions such as depression, anxiety, PTSD, bipolar disorder, and other mental-health conditions may qualify when they meet Social Security’s disability standard and are supported by evidence of work-related limitations. Relevant limitations may involve concentration, memory, pace, social interaction, stress tolerance, or adapting to workplace changes.
Work can affect eligibility, but it doesn’t automatically prevent someone from applying for or receiving benefits. Social Security considers the type of work, earnings, and whether the work can be sustained. Certain work incentives may apply after approval.
Relevant evidence may include treatment records, hospital and specialist records, therapy or behavioral-health records, diagnostic testing, medication information, and medical opinions when available. The records should help show your diagnoses, symptoms, treatment history, and how the condition limits your ability to work over time.
Timing varies based on the type of claim, available medical evidence, the need for additional records or examinations, SSA processing, and hearing-office scheduling if the claim is appealed. Responding promptly to requests for information can help avoid unnecessary delays.
Be accurate and consistent. Don’t minimize or exaggerate symptoms, leave out treatment providers, work attempts, or relevant diagnoses, or provide work-history information that conflicts with other parts of the claim. It’s also important to respond to SSA forms, deadlines, and examination appointments.
You generally have 60 days after receiving SSA’s decision notice to appeal. Review the notice promptly because deadlines matter.
In some situations, yes. However, workers’ compensation benefits can affect SSDI payments depending on the benefit amounts and the circumstances of the claim.
Under SSA’s standard fee-agreement process, an approved representative fee is generally limited to the lesser of 25% of past-due benefits or $9,200. The SSA must approve the fee agreement, and case expenses may be separate if the written agreement provides for them.
Speak With a Boston Social Security Disability Lawyer
Jim Glaser Law helps people with SSDI and SSI claims, as well as appeals within the firm’s confirmed scope of representation. If you’re unsure which program may apply, need help completing an application, or have received a denial notice, our team can review the information you have and explain the next steps.
A free case review gives you an opportunity to discuss your medical condition, work history, and questions about the Social Security disability process. Contact Jim Glaser Law through our online form to request your free case review.
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