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Social Security Disability Lawyer in Massachusetts
Social Security disability claims are denied at high rates at the initial stage. Attorney Jeffrey C. Lavey represents Massachusetts SSDI and SSI claimants through every level of the process. Free consultation. No fees unless we win.
Social Security Disability in Massachusetts
The Social Security Administration administers two disability benefit programs: Social Security Disability Insurance (SSDI), which is available to workers who have earned sufficient work credits, and Supplemental Security Income (SSI), which is available to disabled individuals with limited income and resources regardless of work history. Both programs require the applicant to have a medically determinable impairment that prevents substantial gainful activity and that has lasted or is expected to last at least 12 months or result in death. Attorney Jeffrey C. Lavey represents SSDI and SSI claimants throughout Massachusetts at every stage of the claims and appeals process.
Why Initial Applications Are Denied
The Social Security Administration denies the majority of initial disability applications. Many of these denials reflect inadequate medical documentation, failure to obtain records from all treating sources, or an incomplete presentation of how the disability affects the claimant’s ability to function in a work setting. Many denied claimants who pursue the appeal process ultimately succeed. Attorney Lavey reviews every denial for the specific stated reasons, identifies what additional medical evidence and expert support is needed, and builds a stronger case for the appeal.
The Appeals Process
A denied SSDI or SSI application can be appealed through several levels: Reconsideration (a second review by SSA), followed by a hearing before an Administrative Law Judge (ALJ) if reconsideration is also denied, followed by the Appeals Council, and finally federal court review. The ALJ hearing level is where most successful appeals are won. At the ALJ hearing, Attorney Lavey presents the claimant’s case in person, cross-examines vocational and medical experts, and argues the applicable legal standards. Representation at the ALJ level significantly improves outcomes.
Medical Evidence and Residual Functional Capacity
The core of every SSDI and SSI case is the medical evidence establishing the nature and severity of the claimant’s impairment and its impact on functional capacity. The Residual Functional Capacity (RFC) assessment, a determination of what the claimant can still do despite their limitations, is the pivotal analysis. Attorney Lavey works with treating physicians to ensure that RFC assessments accurately reflect the claimant’s actual functional limitations, and he challenges RFC assessments by SSA-retained reviewers that understate those limitations.
Fees in Social Security Disability Cases
Attorney Lavey’s fees in Social Security disability cases are regulated by federal law. If the claim is approved, the fee is a percentage of back benefits, capped at the federally established maximum, and is paid directly by SSA from the back benefits award, not out of pocket by the claimant. There is no fee if the claim is not approved. This contingency structure means that every Massachusetts disability claimant can access experienced legal representation regardless of their current financial situation.
Frequently Asked Questions
Social Security disability is available for any medically determinable physical or mental impairment that prevents substantial gainful activity. The SSA publishes a Listing of Impairments that describes conditions severe enough to automatically qualify if the listing criteria are met. Conditions that do not meet a listing may still qualify if the overall functional limitations prevent all work in the national economy. Attorney Lavey evaluates every condition against both listing criteria and functional limitation standards.
The timeline varies significantly by stage. Initial applications take several months for an SSA decision. Reconsideration takes additional months. The wait for an ALJ hearing has historically been a year or more in many SSA offices. The full process from initial application to final ALJ decision can take two to three years or longer. Attorney Lavey advises every claimant on realistic timelines and pursues every available procedural mechanism to move the case forward efficiently.
Working above the Substantial Gainful Activity (SGA) earnings threshold while applying for disability will typically result in a denial. However, working below the SGA threshold may be permissible. The analysis is fact-specific and depends on earnings, hours, and the nature of the work. Attorney Lavey advises every disability claimant on work activity before they pursue or continue employment during the claims process.
SSDI is based on work history, you must have worked and paid Social Security taxes for a sufficient period to be insured. SSI is needs-based, it is available regardless of work history but requires income and asset eligibility. Some applicants qualify for both. SSDI payments are typically higher and include Medicare after a waiting period. SSI typically provides Medicaid from the first month of eligibility. Attorney Lavey advises every claimant on which programs apply to their situation.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 or Text (781) 938-1400 for a free consultation.
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