Seeing Eye Dogs and Other Service Animals in Massachusetts

Under the Americans with Disabilities Act and Massachusetts law, businesses which serve the public are required to allow individuals with disabilities to bring their service animals in whatever areas customers are generally allowed. Businesses covered by these laws include: restaurants, hotels, retail stores, taxicabs, theaters, concert halls and sports facilities.

A service animal is defined as a dog (or in some cases a miniature horse) that is individually trained to do work and performs tasks for a person with a disability. The service animal does not have to be certified. Service animals are working animals; they are not pets. Therefore, businesses must allow service animals into their premises even if they have a blanket "no pet" or "no animal" policy.

When an individual brings a service animal into a business in Massachusetts, the business may ask if if the animal is a service animal and what tasks it performs. However, the business CANNOT ask for documentation or certification that the animal is a service animal.

Businesses cannot impose a deposit or a surcharge for service animals, even if deposits are routinely required for pets. For example, a hotel which requires a pet deposit for guests cannot require a person with a service animal to pay the same pet deposit. Transportation companies cannot charge higher fares or fees for transporting someone with a service animal.

A service animal may be excluded by a business when its behavior poses a direct threat to the health and safety of others. For example, an individual with a service animal which displays vicious behavior towards other business customers may be asked to leave. However, businesses may not make assumptions about how a service animal might act based on past experience with other animals. For example, a business owner cannot refuse to allow in a German Shepherd service dog because he was attacked by a German Shepherd in the past and has a fear of that breed.

An individual with a service animal who is refused entry by a business can file a complaint and is entitled to recover damages, emotional distress and attorneys' fees. A complaint must be filed at the Massachusetts Commission Against Discrimination within 300 days from the date on which the business refused the service animal.

If you have any questions about the laws regarding service animals in Massachusetts, or if you have been refused by a business due to your service animal, please contact me at 413-746-4400 or nle@dennerpellegrino.com.

FAQ: Social Security Disability Benefits

What types of Social Security benefits can I apply for? 

There are two types of Social Security Benefits:

1. Social Security Disability (SSD): To be eligible for this program, you must be a disabled adult and have paid enough credits into the Social Security system through paychecks you have earned. This program is NOT based on financial need; therefore there are no asset or income limits. If Social Security determines you are entitled to SSD benefits, you will be entitled to Medicare coverage starting 24 months after the date Social Security determines your conditions began. While you are waiting to a decision regarding your application for SSD benefits, you may apply for Medicaid/MassHealth coverage on your own.

2. Supplemental Security Income (SSI): To be eligible for this program, you must be a disabled adult or child with less than $710 per month income and have limited assets. If Social Security determines you are entitled to SSI benefits, you will automatically be awarded Medicaid/Masshealth coverage but not Medicare.

How does Social Security determine if I am disabled?

You must prove that you are unable to work any job due to your physical and/or mental impairments. Your impairments must be expected to last more than 12 months or result in death. Social Security uses your medical records to determine your diagnosed physical and/or mental impairments. Therefore, your should discuss your SSD/SSI application and inability to work with your doctors. Also, you should make sure to continue to receive medical treatment for all of your medical conditions so that Social Security has medical records to review when making a determination on your application for benefits. 

 How to I apply for Social Security benefits?

There are multiple stages to applying for SSD/SSI benefits:

1. Initial Application: You must file an initial application online at www.ssa.gov or at your local Social Security office. It will take Social Security approximately 120 days to accept or deny your application at this stage.

2. Request for Reconsideration: If your initial application is denied, you have 60 days from the date you are denied to request a reconsideration of your application. It will take Social Security approximately 120 days to have a new team review your initial application and accept or deny you at this stage.

3. Request for Hearing: If your request for reconsideration is denied, you have 60 days from the date you are denied to request a hearing before a judge. It is currently taking Social Security approximately 12 months to schedule a hearing once you request it.

4. Appeals Council Review: If the judge finds that you are not entitled to benefits, you have 60 days from the date you are denied to request the Social Security Appeals Council review the judge's decision. It takes approximately 15 months from the date you request an Appeals Council review for the Council to determine if the judge made an error which entitles you to another hearing.

5. Federal Court: If the Appeals Council denies you at the review stage, you may file an appeal in Federal Court. 

What type of benefits will I receive if my application is accepted?

If at any time, Social Security deems you eligible for SSD or SSI, you will be entitled to two types of benefits:

1. You will begin receiving a monthly check for benefits going forward from the date you are granted benefits; and

2. You will receive a lump sum payment for retroactive benefits from the date Social Security finds your disability began to the date you are granted benefits. Retroactive benefits can be a large amount of money, especially if it takes Social Security a long time to find you eligible for benefits.

Do I need any attorney to help me apply for Social Security benefits?

No. An attorney is not required to apply for SSD/SSI benefits, as most of the necessary forms and instructions are online at www.ssa.gov. However, some individuals find that having an attorney helps take the burden of filling out forms, requesting medical records and preparing for a hearing off of their shoulders. 

If I hire an attorney, do I have to pay up front?

No. Social Security only allows attorneys to collect a fee if you are successful in your application for benefits. It at any stage you are granted benefits, your attorney will automatically be paid 25% or $6,000 (whichever is less) of any retroactive benefits you are awarded.

What if I have other questions?

You may contact me at nle@dennerpellegrino.com or at 413-746-4400 with any questions about Social Security benefits.

Missing Wages in MA? The Payment of Wages Act

The Massachusetts Payment of Wages Act states that every person having employees in Massachusetts must pay wages the employee earns within certain time frames specified in the statute.

Therefore, if you are an employee in Massachusetts your employer MUST pay you: a) wages, b) vacation pay, c) overtime, d) commissions, e) salary or f) other required compensation you earned.

An employer who fails to compensate employees under the Payment of Wages Act can be liable for civil and criminal penalties.

In order to make a claim against your employer under the Payment of Wages Act, there are certain steps you must follow:

1. First, you must fill out a complaint form and submit it to the Massachusetts Attorney General's Office. To access this form, click here. This complaint form must be filed with the Attorney General's office within three (3) years from the date the employer failed to pay you wages. The Attorney General's office will then investigate the incident and may elect to file civil or criminal actions against the employer.

2. Ninety (90) days after you file your complaint with the Attorney General's office (or sooner if you request a special release) you may file a lawsuit against your employer for the wages you are owed. If you prevail in your lawsuit, you may collect up to three (3) times the wages you are owed and your attorneys' fees.

If you have any questions about the Payment of Wages Act, or if you feel your employer has failed to pay you wages, please contact me at nle@dennerpellegrino.com or 413-746-4400.

Disability Discharge of Federal Student Loans

If you become disabled at any time in your life and are unable to work, you may be eligible for a total and permanent disability discharge. This discharge relieves you from having to repay certain federal loans. 

Types of Loans Eligible:
1. William D. Ford Federal Direct Loan Program (Direct Loans)
2. Federal family Education Loan Program (FFEL Loans)
3. Federal Perkins Loan Program (Perkins Loans) and
4. TEACH Grant Service Obligation (TEACH Grants).

How to Qualify:
To qualify for a total and permanent disability discharge, you must complete an application with the Department of Education. To prove that you are totally and permanently disabled, you must provide one of the following with your application:

1. If you are a veteran, you may attach documentation from the VA that the VA has determined you are unemployable due to a service related disability.

2. If you are receiving Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits, you may attach a copy of the notice of award letter from Social Security stating that your next scheduled disability review will be within 5 to 7 years from the date of your most recent Social Security determination.

3. You may submit certification from your doctor that you are totally and permanently disabled. Your doctor must certify that you are unable to engage in any substantial gainful employment due to a medically determinable physical or mental impariment that can result in death, that has lasted for at least 60 months or that can be expected to last at least 60 months.

To Apply:
You may apply by phone at 888-303-7818 or online at www.disabilitydischarge.com. The Department of Education will contact your loan holders and instruct them to suspend collection efforts for 120 days to give you enough time to complete your application for total and permanent disability discharge. 

Approval/Denial:
If the Department of Education approves your request, it will isntruct your loan holders to discharge your loans. It will also instruct the loan holders to return any payments you made on your loans after your disability date. Be advised that any discharged loans over $600 may be considered income on your federal and state tax returns for the year that they are discharged. You should consult your tax professional about discharged loans. If the Department of Education denies your request, you will be notified via mail and the Department will instruct the loan holders to resume collection efforts on your loans.