The Law offices of
james H. Sandman, P.C.

Worker's Compensation

Social Security Disability

Accidental Disability Retirement

30 Green Street ~  Newburyport, MA 01950 ~ (978) 465-9900 ~ Fax (978) 462-6470~
Areas of Practice

Go to Homepage
Worker's Compensation
Social Security Disability
Accidental Disability Retirement for Government Employees
Important forms to download
About Attorney J. H. Sandman
Email Your Question
Directions to Our Office 

Useful Links
Mass. Dept. of Industrial Accidents
New Hampshsire Dept. of Labor
US Social Security Administration - Disability Information
Addresses, phone numbers for courts and other Offices

   > Massachusetts
   > New Hampshire

An Overview of Social Security Disability

As many of us know when we look at our paychecks, there is a deduction for FICA, otherwise known as Social Security. Except for those employees who are employed by state, municipalities, cities and towns, we all contribute to a retirement program during the years in which we work and later draw on it when we reach designated retirement ages. For some, however, injuries and/or diseases prevent us from working and otherwise render us disabled. In select situations, individuals who are totally disabled for all gainful employment may look to the federal government for monthly benefits to replace the income they lost due to injury or disease. These benefits are commonly known as Social Security disability benefits and include monthly checks and health insurance coverage. In order to collect, individuals must be disabled for at least a year or have an impairment that will last at least a year. Their monthly benefits are calculated on the basis of prior years’ earnings with a cap applied.

Generally speaking, disabled persons who have made contributions in at least 20 quarters of the previous 40 [each year containing four quarters] can expect to receive 80% of their prior earnings up to a certain maximum less any monies received from other sources, such as worker’s compensation or short/long term disability plans. The test used to determine eligibility varies on the basis of age, education and prior work experience. Obviously, the extent and duration of the disability or disabilities plays a large role in determining entitlement as well. Once eligibility and entitlement have been established, benefits will continue until the claimant returns to work, recovers from his or her disability, or reaches the age of 65.

The Law Offices of James H. Sandman, P.C. have successfully represented disabled claimants in Massachusetts and New Hampshire for more than thirty years. Attorney Sandman advises his clients that they should not be discouraged if they are denied benefits upon initial application or at the reconsideration level [only applicable in Massachusetts]. When Attorney Sandman and staff undertake a case on behalf of a disabled claimant, they do so strongly believing that they will prevail. Although no attorney should ever guarantee a specific result, Attorney Sandman and staff can guarantee that they will exert every effort to do that which is necessary for their clients. Attorney Sandman likes to think that the large number of returning clients and those referred by past clients are a strong testament to that effort.

© 2006-2010
James H. Sandman P.C.