She is one of 8.7 million Americans who receive disability benefits. While we have previously reported that workers unable to find jobs have turned to disability when their unemployment benefits have expired in this economic downturn, this woman is not one of those cases. She is among those receiving disability who might not ever return to work. Government officials said the problem with having a growing number of people on disability means the labor force shrinks, which weakens the chances for the U.S. to enjoy a faster economic recovery.
]]> Economists said that for the nation's gross domestic product to rise, the workforce must grow and increase its productivity. Since the start of the recession in 2007, however, the number of Americans who want to work has fallen from 66 percent to 63.6 percent. One expert said that disability will take about 1.6 percent, or $250 billion, from GDP.The woman has returned to Michigan to live with a family member. She said she wants to return to work, but knows she must start her own business. She said she cannot keep up with the pace an employer would expect of her.
Anyone with disabilities keeping them working productively, however, should not hesitate to seek relief through Social Security benefits. Indeed, the woman should not feel guilty for utilizing a program designed to help her make ends meet.
Source: Reuters, "Job disability a headache for U.S. recovery," May 7, 2012
]]>Agency officials said that judges must stay away from Facebook and other websites as they rule on a claim. Officials said online information isn't necessarily reliable and that just entering search words into an Internet browser could violate federal privacy laws.
]]> The order brings up the question about whether the government can tap into information people have posted about themselves online that could sway a judge's decisions.One U.S. senator said he opposes the new regulation, stating that information posted on the Internet can help detect fraudulent disability filings. He said that if someone, for example, files for disability and then shares a photo online that displays participation in sports or a strenuous activity, judges should have access to that.
Officials with the agency, however, said that using such information can come into play later in a disability case. Fraud investigators, for instance, can review such information, but the agency does not want judges to do so. Instead, they want them simply to review the files when it comes to determining an applicant's eligibility.
One administrative law judge said he also disagreed with the ruling. He said with his two decades of experience, he can best decide how to analyze the information available to him.
As with all circumstances, it is wise to watch what you post on the Internet and to limit access to only those who you approve. But it's good that judges will have to stick to the facts and not just rely on what they see on the Internet, which can be of questionable accuracy.
Source: The Washington Times, "Web put off-limits to Social Security claims judges," Stephen Dinan, May 3, 2012
]]>Currently, the Social Security Administration does not pay benefits to gay couples, but the passage of this bill could be a start. As it stands, same-sex couples are ineligible to receive disability benefits if one spouse suffers a disability, survivor benefits, spousal retirement benefits after one of the spouses dies, or a payout for burial costs in case of death.
]]> During a news conference held in Washington, D.C., Democratic Rep. Linda Sanchez said her bill is a vital piece of legislation for gay couples. She said that since homosexuals pay the same amounts into the Social Security system as everyone else, the benefits should equal out.According to Sanchez, gay male couples receive 18 percent less in benefits than do heterosexual couples, with lesbian couples taking in 31 percent less.
Illness and death can strike anyone without regard to sexual orientation, and disability or other benefits could mean the difference between financial security and ruin, one activist said.
An older woman said she had to move out of her house after her spouse's death. Although legally married, she was denied survivor benefits. The couple had been together for 45 years and each had paid into the Social Security system for 50-plus years.
Social Security frequently denies disability benefits to members of traditional couples, as well. An attorney experienced in working with the agency and the courts could provide assistance in those cases. Many people are often denied benefits multiple times before finally getting approved.
Source: Washington Blade, "Hollywood comes to Capitol Hill to push for Social Security bill," Chris Johnson, April 27, 2012
]]>Between a growing population of seniors reliant upon Social Security and Medicare and an increased number of disability recipients, experts fear the government will not be able to support the programs. Congress must act to save them, experts said.
]]> Now, thanks to more people qualifying for disability after losing jobs, the fund for disability benefits likely will dry up by 2016, according to estimates by the Congressional Budget Office. The trustees of the system want Congress to tap into funds from the Social Security retirement program to save disability benefits. That had to be done in 1994.To date, more than 56 million people who are disabled, retired, eligible spouses or children receive Social Security benefits of some kind. The average monthly payment is $1,232 for retirees and $1,111 for the disabled. An additional 50 million people receive Medicare benefits.
Payroll taxes paid by both employers and employees fund Social Security. Social Security carries a 6.2 percent tax on the first $110,100 in annual pay, though Congress temporarily lowered the amount to 4.2 percent for earnings in 2011 and 2012. The government has borrowed money to pay the difference.
Should Social Security ever run out of money, decimating the disability program with it, it would be able to pay only partial benefits based on payroll taxes. One policy analyst said Americans and Congress should be aware that the problem is serious and action is needed.
Many people may think that because they don't know anyone on disability that they shouldn't care. But millions of people rely on the disability benefits just to make ends meet.
Source: Associated Press "Aging workforce strains Social Security, Medicare," Stephen Ohlemacher, April 23, 2012
]]>Current law does not allow the severely disabled children of deceased military veterans to receive both payment of survivor benefits and funds from Medicaid or Social Security. It is a loophole that desperately needs closing so disabled children don't fall through the cracks.
]]> But should Congress enact the "Disabled Military Child Protection Act," military retirees who have enrolled in the Survivor Benefit Plan can assign their benefits to a disabled child. The funds would be made put in a trust for the disabled child and distributed once the parent dies.Retired military members who choose to take part in the plan pay a premium each month. When the retiree dies, as much as 55 percent of the monthly retirement pay can be allocated to survivors.
Other federal employees currently can set aside benefits for disabled children, but that option is not available for the military. If Congress approves the bill, more than 1,000 military children with severe disabilities could benefit immediately, according to Rep. Jim Moran, the bill's author.
Moran said that under current law, if disabled children receive the retirement benefits, the benefits are counted as income, which means they would no longer qualify for Medicaid or Social Security Disability benefits.
Moran said it is vitally important to close the loophole in the retirement system for military members. He said that the medical care for disabled children can exceed $100,000 each year, adding that military parents should have the reassurance that their child can have the funds to pay for the best medical care possible.
Source: Military Times, "Bill would protect SBP for special-needs kids," Karen Jowers, April 3, 2012
]]>Some advocates for the disabled have complained that the government's new method of electronic payments has failed those who need the money the most. One advocacy group held a news conference recently to report that some disability payments had not reached recipients at the first of the month.
]]> One of the recipients at the news conference, a 57-year-old man confined to a wheelchair because of polio, said he attempted to pay his bills on April 3, but found he had no money in his account.The manager of the advocacy group said he had heard from about five others who shared the man's concern.
By March 2013, all recipients of Social Security disability must convert their method of payment from check to electronic, if they have not already done so. People who still receive paper checks have been receiving notices and reminders of the switch.
An official with the U.S. Treasury Department said that statistics show that about 600,000 paper checks have gotten lost in the mail or been stolen each year. Electronic deposits have proved a more secure method of payment, he added.
Anyone who receives Social Security disability benefits and who has experienced problems with the delivery of checks should call 1-800-333-1795 for assistance. Whether the problem affects 1 person or 10,000, people who receive disability benefits need the money to make ends meet. One person not receiving his or her check is one person too many.
Source: Associated Press, "Advocates for disabled Vermonters cry foul over SSI changes," Dave Gram, April 7, 2012
]]>In a 5-3 decision, the U.S. Supreme Court ruled that a man who admitted to the Social Security Administration that he was HIV-positive when he applied for disability benefits could not receive damages for emotional or medical suffering after another agency received the records.
]]> In this case, the man had withheld the HIV-positive diagnosis from the Federal Aviation Administration. During an investigation regarding pilots' medical statuses, the Social Security Administration turned over the records of about 45,000 people from the man's area to the FAA."Operation Safe Pilot," as it was called, recognized this man as a holder of a pilot's license who also had applied for, and received, disability benefits. He paid a $1,000 fine for making a false statement on his pilot's license application. He did not list his condition on the application.
The man filed suit against the federal government in 2007, contending Social Security officials violated the Privacy Act by releasing his medical information to the FAA.
A U.S. District Court judge had thrown out the initial case, but an appellate court overturned that ruling, stating that emotional distress created by the revelation of the illness deserved a payment for damages. The three dissenting judges argued that not allowing the lawsuit to go forward would defeat the purpose of the Privacy Act.
Source: Associated Press, "Supreme Court says man can't sue government for emotional damage over records sharing," March 28, 2012
]]>That's according to an analyst at the RAND Corp., who testified before a hearing of a subcommittee of the U.S. House Ways and Means Committee to discuss claims decisions made regarding Social Security disability. Her testimony came in the most recent subcommittee hearing focused on the disability program, which faces a high volume of caseloads, a slow decision on each case, a large number of appeal reversals and low employee morale.
]]> The RAND analysis found that 59 percent of applicants for disability say they suffer from musculoskeletal disorders or mental impairments. Even though many of the applicants share similar complaints, adjustments must be made for the applicant's age and specific problems.Still, studies show that as many as 60 percent of applicants could have had a different outcome on their case with a different person reviewing the files. For cases that face an appeals process, about 23 percent of the cases could have fared differently had they been assigned to another case examiner.
The analyst said that if applicants have been denied, they must go through an appeal because of the decision made by the examiner. The appeals process can last up to two years.
A policy adviser for a health and disability advocacy firm also testified, telling Congress that Social Security officials need more resources to operate the disability program properly. Examiners also need more training on handling claims, she said. Claimants also need additional help with filing claims, she added. The application process also should be altered to speed up the decision for people whose disability is obvious.
The commissioner of the Social Security Administration said his agency hopes to bring technology into the agency to improve the quality and speed of the work the examiners perform. These are problems that need to be addressed, because potential beneficiaries can't afford to wait years.
Source: LifeHealthPro Daily, "RAND Analyst: Some SSDI Examiners Are Easy Graders," Allison Bell, March 20, 2012
]]>In this case, a man initially filed for disability benefits in November 2000. He said he could no longer work because of a rotator cuff tear, maladies with his left arm and shoulder, anxiety and depression. He had worked in construction as an ironworker and as an equipment operator. He also served in the military. He has not held a job since July 2000.
]]> At the time, an administrative law judge, following a series of hearings, denied the man's application, saying he still could work at many jobs. An appeals council said it would not review the law judge's decision, making it final.The man then filed a request for review by the district court, which asked the law judge to again study his case. In that hearing, the judge heard testimony from a vocational expert, who said that despite his physical condition, the man could work in a variety of jobs, such as an office clerk. The judge again refused the application for benefits.
The applicant sought additional judicial relief, with a magistrate judge eventually hearing the case and rejecting the appeal. When the man objected to the magistrate judge's report, and the government did not respond, a district court reversed the denials because the government didn't answer. When the government filed paperwork that said its lack of answer didn't mean it had waived its right to challenge the claim, the court reinstated the denial.
The case is indicative of how long it takes to get an answer from the government on benefits. No one should face 11 years of uncertainty. A streamlined process would help this man move on with his life.
Source: Leagle, "Doran v. Commissioner of Social Security," United States Court of Appeals, Sixth Circuit, March 13, 2012
]]>On March 7, a U.S. District Court judge in the Pacific Northwest sentenced a couple to two years in prison after they pleaded guilty to Social Security fraud for unlawfully accepting nearly $320,000 in federal and state funds over the past 20 years.
]]> Since 1990, the man, 50, has claimed to have developmental disabilities so severe that he needed people to help him with daily tasks. He also said he had never worked, yet the couple really operated an auto-resale business. Through the years, the man received $139,000 in benefits.On all paperwork, the woman, 45, said she was his caregiver. As his supposed caregiver, she reaped more than $150,000 in pay from the state they lived in for providing care. They also benefited from $10,000 in state medical benefits and an additional $14,000 from the U.S. Department of Housing and Urban Development for housing assistance.
The judge who presided over the case ordered the man to pay $315,318 in restitution, with the woman found to be responsible for more than $275,000 of that amount. The judge said the couple had defrauded four public agencies, but perhaps more significantly, had been taking benefits from people who were eligible for the money.
Social Security fraud is serious. It can lead overzealous lawmakers into scaling back the program because they believe too many people are taking advantage of it. People sometimes have to wait years to start receiving their benefits, they shouldn't have to wait longer because of bad actors.
Source: Kent Reporter, "Kent couple sentenced for disability fraud scheme," Steve Hunter, March 8, 2012
]]>The U.S. Department of Housing and Urban Development, responding to complaints from two Michigan homebuyers and one from a neighboring state, said the bank violated Fair Housing Act regulations by requiring "unnecessary and burdensome requirements" on the applicants, according to the HUD complaint.
]]> In 2009 and 2010, bank officials allegedly asked some applicants to prove their disabilities through written testimony from their doctors to qualify for a home loan.But according to the Fair Housing Act, lenders cannot ask about the severity of a disability nor can they set different criteria for disabled applicants to qualify for a mortgage.
A HUD official said in a written statement that prospective homeowners with disabilities cannot have different standards to qualify for a loan than the nondisabled applicants. Additionally, they cannot delay approving or reject a loan because of a disability when they otherwise meet all the terms and conditions, he said.
In one of the complaints, a borrower and his wife applied in 2009 for a 30-year loan backed by the Department of Veterans' Affairs. The bank's loan officer said the applicant had to provide evidence of a permanent disability and required a doctor's letter, according to HUD.
The applicant did not provide the letter, and the couple could not buy the house they wanted. The complaint said the applicants suffered damages that included emotional distress.
The Justice Department is handling this case and can ask for compensation, including punitive damages, from the bank.
Source: The Leader-Telegram, "Feds: Bank discriminated against disabled Eau Claire, Wis., man," Eric Lindquist, Feb. 29, 2012
]]>The number of cases pending review and a five-part evaluation process now totals more than 1.8 million, according to reports. To make matters even worse, the wait is expected to get longer in the future as the government reduces Social Security staff and increases the number of conditions that qualify a person for disability. That, in turn, will increase the number of applications to review.
]]> Social Security disability benefits are awarded to those who have shown they are mentally or physically unable to perform job duties for at least one year. They retain those benefits until medical conditions permit them to return to work or they become eligible to collect Social Security.An application for disability is not a sure thing, either. Reports show that in fiscal year 2011, applicants were rejected by a margin of nearly three to one. In all, 3.4 million people applied for disability benefits that year. According to the SSA, an employee who starts work at age 20 has nearly a one-in-three chance of suffering a disability before retiring.
To put together a successful claim, those hoping to receive disability benefits must compile paperwork that shows a work history, a record of earnings and proof they have paid payroll taxes that go into the disability system. They also must have health professionals provide evidence of an illness that will keep them out of the workforce for at least one year.
Because of the logjam at the agency, people should file as soon as they know their impairment could be long-term. Experts advise not to wait and see if the condition improves because that would delay filing. An application always can be withdrawn if a medical condition changes.
Experts say honesty is vital to a successful application. People should not understate their disability and lead agency staff members to believe physical limitations do not qualify for disability.
Source: The Street, "Disabled or Hurt? Only 800 Days to Wait for SSDI Rejection," Joe Mont, Feb. 21, 2012
]]>The SSA administrator said that nationwide, families can receive about $600 monthly if they have disabled children. Yet some federal officials fear that parents are making false claims regarding healthy children to get the benefits.
]]> Using figures from a county in one state as an example, 5,016 people younger than age 18 received Supplemental Security Income benefits in December 2010. Cities in that county, a congressman said, face low incomes and high unemployment.The SSA administrator said that a decision handed down by the U.S. Supreme Court about two decades ago states that Social Security officials must judge children's claims for disability in the same manner it assesses for adults. But the standards for adults often are related to an ability to work and can't necessarily help to determine a child's eligibility. He added that Social Security must constantly assess the medical conditions required to qualify for disability benefits.
Some parents, officials said, claim children who really have no physical difficulties, but suffer from social and behavioral impairments. While the administrator said he recognizes that financial times are tough, Social Security should not be confused with other sorts of public assistance.
Retirements and disability filings have grown by 30 percent since the start of the recession. And just as with other government agencies, Social Security is facing cutbacks and has seen its staff of 65,000 reduced by 7,000 over the past two years. There will be less face time with Americans and more work done online and via the telephone.
Parents should never feel intimidated into not applying for disability benefits for their children. It is the government's responsibility to root out fraud in the system, and parents with sick or disabled children should not be punished by extra delays because of a few bad actors.
Source: The Republican, "Social Security and Supplemental Security Income for children raise questions for U.S. Rep. Richard Neal," Jim Kinney, Feb. 13, 2012
]]>Suffering a disabling injury can mean that you are entitled to Social Security disability benefits. But some may not realize that children are also eligible to receive disability benefits for children. These benefits can help bring stability to the child's future.
]]> But how can children receive benefits? The Social Security Administration has a number of eligibility requirements that must be met before a child can get benefits. For example, a child who is under the age of 18 and has a parent who is disabled can get benefits. However a married child cannot claim these benefits even if a parent has suffered a dibiliating injury.Once the criteria are met, a parent or guardian must apply for those benefits on behalf of the child. The SSA requires documentation such as a birth certificate and medical documentation. In some cases, additional records are required.
When trying to obtain benefits for children, parents or guardians may find it difficult to navigate the application process. In some instances, it may be easy to forget a document or fail to properly fill out one of the many forms required. If the documentation is not complete or is inaccurate, there is a chance that the claim could be denied.
Whether you are trying to figure out how to apply for benefits or you are frustrated because your claim was denied, it can be beneficial to speak with a Social Security disability attorney. Doing so can help the process go smoothly and get your family the benefits they need.
For more information about Social Security disability benefits for children, visit the Social Security Administration website here.
]]>The 43-year-old man, owner of a pair of coin and estate jewelry shops, said he didn't report all of the income made by him, his wife and his business on his tax returns from 2008 to 2010. He said he listed many of his personal costs as business costs.
]]> The man also told a federal judge that he falsely told Social Security officials that he had been off the job from 2006 until 2011 so that he could receive Social Security disability benefits.The man, in fact, had been working and earning a sizable income, he admitted. He also disclosed to the judge that he hid his assets from creditors and committed bankruptcy fraud.
The man told the judge he has had multiple sclerosis for five years and takes medication, which sometimes impairs his judgment and thinking.
The man has agreed not to appeal and to work with the Internal Revenue Service to settle his case. He is scheduled to be sentenced on May 17. The U.S. attorney said he will seek a lesser sentence than guidelines suggest because the man had taken responsibility. Sentencing guidelines recommend a sentence of as long as 25 years, plus $1.25 million worth of fines. He also owes more than $365,000 in back taxes.
Social Security disability benefits are for people who are too injured or too sick to work. Those benefits are essential for recipients. When people such as the man above abuse the process, it makes it more difficult for honest participants to have a safety net program to rely on.
Source: WSBT, "Mishawaka businessman admits to welfare fraud, tax evasion," Kelli Stopczynski, Feb. 10, 2012
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