Speak With An Experienced Workers’ Compensation Attorney In Massachusetts
If you have been seriously injured in a work-related accident in Massachusetts, you may be entitled to workers’ compensation benefits. The lawyers at the law office of Mahaney & Pappas, LLP specialize specifically on accident and injury cases and are here to help. Our office is centrally located in Framingham, Massachusetts that serves victims of work accidents in Boston, greater Boston, Worcester and all other surrounding towns.
Whether you need an attorney to represent you and your family or just have a specific question, feel free to contact us. We offer a no-obligation complimentary case evaluation. Please call us at 879-3500 or contact us online to set up a time to speak with one of our experienced attorneys.
Social Security Field Offices Dds & Odar
Massachusetts is home to 32 Social Security Field Offices, 2 Office of Disability Determination Services and 3 Offices of Disability Adjudication and review. These offices provide assistance to the residents who are looking to receive Social Security disability benefits.
Please contact one of the offices below if you need assistance in filing for disability, checking your application status, or have any questions regarding the Social Security Disability process.
Temporary Total Incapacity Benefits In Massachusetts
If you’re completely unable to work while you’re recovering from your work-related injury or illness, you may receive temporary total incapacity benefits in Massachusetts . These benefits don’t start until you’ve been away from work for five days, unless you’re unable to work for at least 21 days. TTI benefits continue until the soonest of the following:
- you’re able to return to work
- your doctor says that you’ve reached maximum medical improvement , which means that your condition likely won’t improve, even with further medical treatment or
- you’ve received these payments for three years.
Weekly TTI payments are calculated as 60% of your average weekly wage before your injury or illness, subject to a maximum and minimum based on the statewide average weekly wage at the time of your injury. You’ll receive the full amount of your pre-injury wages if they were less than the minimum. .)
For injuries that happened in the year between October 2019 and September 2020, the maximum TTI benefits are $1,431.66, and the minimum rate is $286.33.
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Massachusetts Social Security Disability
Each and every year, thousands of Massachusetts residents file claims for Social Security Disability benefits. Of the more than four million residents living in the state, approximately 4.5 percent receive disability payments from the Social Security Administration. Unfortunately, more than half of the Massachusetts Social Security Disability applicants who apply for disability benefits will be denied at the initial stage of the application process. Even more will be denied during the first stage of appeals. In order for most Massachusetts Social Security Disability applicants to receive disability benefits from the Social Security Administration, they must obtain a hearing before an Administrative Law Judge.
Obtaining a disability hearing in front of an Administrative Law Judge is not something that happens overnight. Many Massachusetts Social Security Disability applicants wait more than a year before receiving their day in court. In the State of Massachusetts, it can take anywhere from 387 to 430 days to be scheduled for a disability hearing. Once your hearing has been conducted and your case has been heard by the ALJ, it will be another two or three months before you receive notice regarding the outcome of your disability case.
Finding Help With Public Benefits
For legal questions, including representation to draft a Disability Trust, join a Pooled Trust program, apply for public benefits or related legal matters:
Massachusetts Chapter of the National Association of Elder Law Attorneys
Massachusetts Bar Association Lawyer Referral Service
For case management, or clinical help, such as a home visit or assessment of the needs and care options for a loved one who is disabled:
Mass Options connects elders, individuals with disabilities, and their caregivers with agencies and organizations in their area that can best meet their needs.
Aging Life Care Association
* In providing these referral contacts, Community Trust does not specifically endorse any person to whom you may be referred thereby. We do not know and cannot certify the knowledge or ability of any particular member of any referral network. We believe these referral sources to be of the highest quality, but you are advised to do your own background checks, and to exercise your own discretion in retaining any professional through any referral network. Public information about attorneys can be obtained from the Massachusetts Board of Bar Overseers, and for Case Managers or other kinds of professionals, from the Massachusetts Division of Professional Licensure.
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Ssdi Child Support Credit Not Automatic: Disabled Parent Must File Complaint For Modification
A final note is this: if a noncustodial parent who is subject to a child support order becomes disabled, he or she must file a Complaint for Modification in order for dependency benefits to be credited against that parents child support obligation. In Tatar v. Schuker , the Appeals Court held that a disabled parent can be held in contempt for nonpayment of child support, even if the custodial parent is receiving the dependency benefit as a result of the noncustodial parents disability, if the noncustodial parent fails to file a Complaint for Modification seeking a credit for SSDI payments.
About the Author: Kimberley Keyes is a Massachusetts divorce lawyer and Massachusetts family law attorney for Lynch & Owens, located in Hingham, Massachusetts and East Sandwich, Massachusetts. She is also a mediator for South Shore Divorce Mediation.
Transitional Aid To Families With Dependent Children
You may be able to get TAFDC if you have a child or you are at least 5 months pregnant. TAFDC, or “welfare”, can give you:
- Cash every month
- $350 clothing allowance for each child in September
- Crib and layette allowance for newborn babies on the grant
- Access to education and training programs
- Child care and transportation payments if you are working or going to certain kinds of school or training programs and
- “Relocation money” if you are moving out of a shelter. This can help with first month’s rent and deposit.
- Money for a transportation allowance if you are in an Employment Services Program.
- Monthly money for rent or your mortgage if you live in private unsubsidized housing.
- Help even after you stop getting benefits. If you lose your TAFDC because your income increases, your MassHealth coverage continues for another 12 months, and you are still eligible for childcare.
- Discounted utility rates, if the utility is regulated.
- Burial costs if a loved one passes.
You can apply for TAFDC at your local Department of Transitional Assistance office. You can read more about TAFDC for survivors of Domestic Violence. See Applying to DTA for information about applying for TAFDC. See Appealing denials for information about what to do if you apply and DTA tells you that you cannot get benefits.
Learn more about the $350 clothing allowance in the Income and Benefits section of MassLegalHelp.
Learn more about school or training programs in the Income and Benefits section of MassLegalHelp.
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Massachusetts State Supplements For Ssi
After an applicant is awarded Supplemental Security Income from the Social Security Administration, they become potentially eligible for Massachusettss state supplemental benefits. This benefit program is called the State Supplement Program . Massachusetts sends the state supplemental payments to claimants directly while the SSA sends the SSI payment separately.
How much an individual will receive depends on their living situation. A single claimant living alone can receive an additional $114.39 while a married claimant can receive an additional $90.03. There are several other living situations that are eligible to additional benefits. To learn more, contact Massachusetts’s SSP Customer Service at 1-877-863-1128. Hours: Monday-Friday, 9am to 5pm.
Chapter 115 Massachusetts Benefits: Safety Net Program
Massachusetts veteran benefits have been added during the COVID-19 pandemic to help those who face financial difficulties. Eligible dependents of deceased veterans receive the same benefits as they would if the veteran were still living.
These Massachusetts veteran benefits include financial aid for:
- Daily living expenses
Consult your local Veterans Service Officer to discuss and apply for these benefits. Youll find the telephone number and email address with the Mass Vet Benefit Calculator.
If you cannot reach your local Veterans Service Officer, contact the Massachusetts Department of Veterans Services at .
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How Much Do I Need To Work To Qualify For Disability
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. You need 40 work credits, 20 of which were earned in the last 10 years ending with the year you become disabled.
The Social Security Administration bases work credits on your total yearly wages or self-employment income. You can earn up to four work credits each year.
For more information on whether you qualify, read our publication How You Earn Credits.
Who In Massachusetts Needs Disability Coverage
Most Massachusetts residents who work should have decent disability coverage. For some workers, coverage is available through an employer and theres little need to purchase additional protection. Workers who are self-employed or cant procure adequate coverage through their employer, however, often should consider purchasing their own policy.
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How To Qualify For Ssdi In Massachusetts
Criteria for qualifying Social Security Disability is the same across the country since SSDI is a federally funded program. However, the disability determination is made at the state level. Roughly half of all first-time applications will be denied. There is a process for appealing this decision, but you can improve your chances by ensuring upfront that you meet all the requirements.
Social Security disability benefits are reserved for workers who have worked long enough to pay into the Social Security tax system. Your disability must be considered severe enough to limit your ability to work for at least 12 months.
A list of conditions can be found here. Your condition must be found on this list to qualify for benefits, and it is strongly recommended you consult this list before applying. It also must be determined that you cannot reasonably switch over to another line of employment.
It should be noted that by law an employer is required to make any reasonable accommodation to help you complete your job since you are protected from disability discrimination in the workplace.
Massachusetts Maternity/paternity Leave: Amount & Length
How long does parental leave last in Massachusetts, and how much money do you get? The answer to these questions will change radically beginning January 1, 2021.
Most mothers on maternity leave will be able to take off for twenty-six weeks with partial income replacement up to a maximum of $850 per month.
On the other hand, most fathers will receive the same amount of paid time off, but his paternity leave will end after twelve weeks.
Of course, every rule has an exception including what happens until the new regulations take effect.
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Maximum Monthly Ssi Payments In 2021 Are $841/person Or $1261/couple
When you apply, realize the SSA looks for anything that makes you ineligible for Massachusetts disability through the SSI program. Does your family let you live rent-free at home? How about free meals at church on Sundays? The SSI program counts both those things as free money, and you must list them on your application. Once approved, the SSA checks on you every three years to confirm that you still qualify for SSI. If they decide you no longer qualify, youll probably get an overpayment letter in the mail. When that happens, you must repay any SSI benefits the SSA says you received in error. If you cant pay it all back at once, theyll garnish your benefits until the debt is fully repaid.
An Overview Of Social Security Disability Insurance Benefits
At its heart, SSDI is a form of government-managed insurance for people who are physically or mentally disabled so badly that they are unable to work. To meet the definition of disability, one must not be able to engage in any substantial gainful activity because of a medically-determinable physical or mental impairment:
- That is expected to result in death, or
- That has lasted or is expected to last for a continuous period of at least 12 months.
If an individual is deemed disabled by a doctor and the Social Security Administration, he or she may become eligible for SSDI payments. SSDI provides benefits to disabled or blind persons who are insured by workers contributions to the Social Security trust fund. For many, these SSDI payments are the only thing keeping themselves and their families from homelessness. The amount one receives in SSDI payments from the federal government depends on the earnings history of the individual. Individuals with a greater history of paying federal taxes i.e. those who worked and earned more before becoming disabled receive larger SSDI payments if they become disabled.
Unfortunately, SSDI payments are not a rare thing anymore. The number of people who receive SSDI has exploded in the last few decades. In Massachusetts alone, there were 188,207 people receiving SSDI in 2015, so handling SSDI in divorce cases is becoming more common.
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Can You Get Workers’ Comp Benefits In Massachusetts For Covid
Under Massachusetts law, workers’ comp will cover an infectious disease only when the risk of contracting the illness is inherent in the nature of your job. Even if you work in an occupation with a particularly high risk of exposure to COVID-19, however, you would also need to show that you contracted the illness while you were working and because of your job. , 26 .)
In the context of a pandemic, it would be very difficult to prove that you got COVID-19 because of exposure at work rather than in the rest of your life. Some states have enacted measures to make it easier for certain employees, like first responders and healthcare workers, to get workers’ comp benefits for COVID-19. Massachusetts hasn’t yet joined those states, although similar bills are pending in the legislature.
Paid Family Medical Leave
New parents in Massachusetts can begin using the Paid Family Medical Leave benefits starting January 1, 2021. The formula determining the amount works the same for moms and dads. However, the claim checks often continue coming in much longer for birth mothers.
Many new parents automatically qualify for PFMLA because the law attempts to cover most people who work in Massachusetts. However, there are at least three notable exceptions.
The length of time that new parents may receive Massachusetts PFMLA benefits varies by the reason. The maximum of 26 weeks applies when mom combines a personal health condition with a second qualifying reason. However, dads have less time.
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How Does The Ssa Define Disability
The Social Security Administration only pays for total disability. No benefits are payable for partial disability or for short-term disability.
Under Social Security rules you are considered disabled if:
- You cannot do work that you did before
- The SSA decides that you cannot adjust to other work because of your medical condition and
- Your disability has lasted or is expected to last for at least one year or to result in death.
How Is Income Calculated For Massachusetts Ssdi Benefits
You may have worked your entire life paying into the system with Social Security taxes, and now you need disability benefits to live on. If you have become hurt or disabled, you most likely want to know how much money you will get from Social Security and if it will be enough to replace your level of income. Find out how income is calculated by watching an experienced Massachusetts disability lawyer explain more about it in this video.
Social Security Disability Insurance is calculated based on your level of income. For example, if you were the highest paid employee in your company, then your SSDI income would be higher than those with a lower income. It works the same way that Social Security retirement income does. Because your monthly income was more, you paid more money into the system through Social Security taxes. This means that you will receive more money in return.
If you would like help with your SSDI claim, or if you have been denied benefits, please call a skilled Massachusetts disability attorney at 888-904-6847 to receive a free legal consultation today. You can also visit our website to request our free report and book that could be of help to you during this time.
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Massachusetts Veteran Benefits For Property Tax
Massachusetts veteran benefits feature property tax exemptions ranging from $400 to $1,500.
To qualify, veterans must meet all of the following qualifications:
- Be legal residents of Massachusetts
- Live at the property on July 1 in the year of application
- Have lived in Massachusetts for at least six months before entering service,
A $400 tax exemption is available to Massachusetts veterans who are one of the following:
- 10% service-connected disabled
- A Purple Heart recipient
A $750 exemption provides Massachusetts disabled veteran benefits to those who meet one of the following:
- Lost the use of a hand, foot, or eye
- Have received the Medal of Honor
- Have received the Distinguished Service Cross
- Have received a Navy Cross or Air Force Cross
- Are a spouse or surviving spouse
Massachusetts disabled veteran benefits include a $1,000 tax exemption for those rated 100% disabled by the VA.
A $1,250 exemption is granted to Massachusetts disabled veterans who meet one of the following:
- Lost the use of both hands
- Lost the use of one hand and one foot
- Lost the use of both eyes
- The spouse or surviving spouse of an eligible veteran
A $1,500 tax exemption is granted to veterans rated by the VA as permanently and totally disabled and living in specially adapted housing.
Massachusetts disabled veterans who have paraplegia or have a 100% disability for service-connected blindness, as well as their spouses or surviving spouses, are entitled to the full $1,500 exemption.
Department of Revenue