A popular Pennsylvania senator has introduced a bill that would change the way Social Security Disability money is handled by parents of disabled children. Those families would also be eligible for a 529-like plan, according to Sen. Bob Casey (D-Penn.). Parents would be permitted to set aside money for medical care, special education, support services, housing and transportation needs, according to the measure. Nearly 30,000 people near the Capital Region alone would be eligible for such a plan, with about 1,500 autistic children benefitting from the new proposal.
]]> People would be eligible to participate in the savings initiative if they qualify for Social Security Disability supplemental income. That benefit provides funds for adults and children alike, especially those with limited income and resources. Further, the plan would be made available to those who suffer an acute physical or mental disability that may affect their earning potential for a year or more.Lawmakers seem to agree that the plan is smart, as do non-profit supporters throughout the United States. The plan will provide a more flexible alternative for those seeking to care for a disabled loved one, say advocates.
Anyone could contribute to the fund, according to the law's sponsors, including family, friends and other philanthropic individuals. Interest will not be taxed under the proposed rules and withdrawals for qualifying expenses are also tax-exempt. The result would be thousands of dollars in savings over a lifetime for a wide range of disabled individuals and their families. Accessibility to care will be increased, which will allow disabled people to live happier and more fulfilling lives.
The potential effects of the proposed bill have not yet been thoroughly evaluated, according to the measure's supporters and so the initiative is still in its infancy.
Source: Times Union, "Saving plan for disabled people," Cathleen F. Crowley, May 9, 2012
]]>The federal government has taken its first step toward integrating medical information technology sharing through health information technology. In a move that will help thousands of American veterans, two major agencies have developed a new partnership to administer an electronic disability claims service. The collaboration between the Social Security Administration and the Department of Defense will be available to service members, veterans and their dependents.
]]> The new nationwide initiative will allow disability processing facilities to access military medical records from a single request to a centralized Web site. The processing capabilities will allow for better communication between the Social Security Administration's Electronic Records Express and DoD medical records. It is likely to significantly improve the efficiency of processing disability claims. States will be able to receive medical information in as little as 72 hours, according to Social Security Administration officials.The site was started up early this month, and it will continue to work toward expansion throughout the entire country in the upcoming weeks.
Administrators say that Wounded Warriors and other disabled service members will benefit from the program because they will not have to visit the doctor as often to obtain results from consultative examinations. That is, fewer medical exams will be requested by Social Security officials who need additional tests or medical records.
In addition, military members can expect that their claims will be processed faster because of faster medical records delivery from the DoD to the Social Security Administration. Overall, the system should improve the quality and speed with which our nation's veterans receive their disability payments.
Source: ExecutiveGov, "SSA, Pentagon aiming to centralize electronic disability claims process," Gino Troaiani, May 1, 2012.
Source: Social Security Administration, "Social Security and Department of Defense implement new process to improve efficiency for Wounded Warriors applying for disability benefits," Press Office, April 30, 2012.
]]>However, one Delaware County man did not seem to care about their plight. Instead of considering all of the other SSDI applicants throughout the nation who actually need that financial assistance, the man decided to scam the system, according to court documents released early last week.
]]> The 67-year-old was sentenced to five years of probation on April 25 during a sentencing hearing. He was convicted of converting more than $240,000 worth of Social Security disability benefits for his own use, disregarding the others who actually need that money. He has been ordered to pay that money back with interest and he will be required to serve the first 18 months of the probation under house arrest with a tracking anklet.The man had pleaded guilty to the single count of conversion of government funds during an initial hearing in March 2011.
The man fraudulently obtained the benefits by falsifying documents when applying for the SSDI money. He failed to tell the administration that he was earning additional money under a false name with a different alias, according to documents, and he claimed that he couldn't work at all because of high blood pressure and a lower-leg injury. The SSDI benefits were paid from October 1995 to July 2010.
Police officers say the scheme unraveled when an official noticed that the man was carrying two different driver's licenses, one with his real name and the other with his alias.
Public defenders for the man argued that he had sought to obtain the extra money because of family financial hardship. His wife suffered a stroke in 2011 and she testified that he was the only person who could take care of her.
Prosecutors said that the man jeopardized the entire system by abusing his SSDI benefits.
Source: Philly.com, "Chester man gets probation in disability benefit scheme," Michael Hinkelman, April 25, 2012
]]>A new report issued this week shows that disabled Americans experience a higher rate of unemployment, which has been significantly amplified thanks to the recent economic downturn. The study, which was performed by a provider of Social Security Disability, shows that those with disabilities experienced a 14.6 percent unemployment rate for the first quarter of 2012, as compared to just 8.4 percent for those without disabilities. That's a 74 percent difference.
]]> The rates for both disabled and non-disabled individuals have increased since the last quarter of 2011, when only 13.2 percent of those with disabilities were unemployed. Similarly, only 8.1 percent of non-disabled Americans faced unemployment. Nearly 100,000 more people applied for Social Security Disability Insurance during the first quarter of 2012, with about 724,000 submitting the necessary paperwork. That's more than 4,000 more filings than the number submitted during the first quarter of 2011.The report says that nearly 3 million Americans were unable to continue to work because of disabling injuries or illnesses. Nearly 2 million of those SSDI claims remain open and under consideration, with a wait time of about 800 days before beneficiaries start receiving compensation. That's a significant backlog, according to the report, which can cause even further health and financial problems for the people who need SSDI money.
Legal advisors encourage individuals who may be eligible for SSDI to acquire representation as soon as possible for a variety of reasons. An attorney may be able to help the individual learn more about their eligibility for the program, providing advice about whether to apply at all. Delays in processing SSDI benefits are often caused by incorrect application paperwork, according to legal experts. Professional representation can guarantee that the paperwork is filled out correctly the first time, speeding the receipt of SSDI benefits. Legal representation also increases the likelihood of an early award and it prevents people from having to wait in line at the Social Security office. Ultimately, hiring an experienced legal professional can help people earn more benefits and improve the likelihood of receiving the benefits in a timely fashion.
Source: Chicago Tribune, "Unemployment among those with disabilities climbs to 14.6%" Kristen Samuelson, April 16, 2012
Source: The Wall Street Journal: Market Watch, "Income at risk: Unemployment rate for people with disabilities back on the rise, Allsup finds," April 16, 2012
]]>The man is now employed by Hangar Clinic, a national orthopedics and prosthesis company. The firm has a branch in North Scranton, near the man's home. Since losing his limb, the man has refused to allow his disability to slow him down. He has competed in the wheelchair division of marathons, skydived and served as an advocate for the Amputee Coalition, among other major achievements.
]]> The man had been injured while attempting to save a driver from a car accident that happened near his home. As he attempted to free the driver, who was pinned beneath one of the truck's wheels, the man himself became pinned, fracturing his left ankle in several spots. He sustained serious injuries that required 13 different surgeries, which resulted in two separate amputations.For a while, the man managed to get around on crutches, but when he learned about Hangar Clinic, he immediately got himself fitted for a state-of-the-art lower-limb prosthesis. The device is equipped with a microprocessor that helps him navigate stairs and uneven terrain, and it even addresses problem the man had developed with his back and hips because of the injury.
When the man began to face financial difficulty in supporting his large family using only his SSDI benefits, the clinic approached him and offered him a position. The man currently manages a variety of activities, including marketing, sales, event coordination and community outreach. His job allows him to interact with amputees who need encouragement and support, and the man says he finds his current position extremely rewarding.
The man says he still has physical goals that he would like to accomplish, including about 20 lbs. of weight loss. He would also like to be able to walk so that people are unable to tell that he has a prosthetic leg.
Source: The Times-Tribune, "New step in the right direction: Green Ridge man empathizes with amputees," Josh Mcauliffe, April 10, 2012
]]>The new bicycle safety law requires motorists to leave a four-foot cushion of safety between their vehicle and any bicyclist they are attempting to pass. The law also allows drivers, where necessary and safe, to cross into the oppostie lane to pass a cyclist. Bicycle riders riding at a speed less than posted must do their best to avoid impending traffic by keeping to the right side of the road. If on a one lane road bicyclists are allowed to use any portion of the lane to avoid it's so important that both bicyclists and motorists obey all traffic signs and signals, ride and drive predictably, and signal their intentions when changing a lane or making a turn. And, of course, bicycle riders should always wear a helmet.. If a bicyclist is traveling straight on a roadway it is illegal for a driver to turn and interfere with the bike rider. Drivers must yield the right of way to bicyclists traveling in the opposite direction when they are trying to make a left turn. Motorists aren't allowed to force a bicyclist off the road, and drivers who do may face criminal charges.
It is important that motorists and bicyclists obey all traffic signs, signals, operate their vehicles predictably, and signal their intentions when changing lanes or turning.
For bicyclists, remember, always wear a helmet.
]]>The law would reinstate two rules that were eliminated in 1981. After 1982, workers' relatives were required to prove that black lung conditions caused former coal miners' illnesses.
]]> If passed, the Affordable Care Act will make an automatic assumption that the illness was work-related if the employee worked in the coal mines for at least 15 years and developed a totally disabling lung ailment. Additionally, the new rule would transfer black lung benefits to eligible survivors, a practice that was also outlawed in 1981.Pennsylvania has had the highest rates of black lung claims since 1973, with nearly 140,000 complaints filed and more than $55 million in restitution payments during 2011. Nationwide, more than 660,000 claims have been filed in that same time period, with more than $200 million distributed to sufferers during 2011.
Black lung was thought to be non-existent after the passage of new safety precautions, but younger miners have been showing signs of the condition despite these measures. Autopsies of miners killed in recent disasters show that about half of them were afflicted with the respiratory disease.
If the rules are approved, they would be retroactive to claims filed on, or after, March 23, 2010. Claims dating back to Jan. 1, 2005 would also be considered. Public comment on the measures will be accepted through May 29 of this year.
Workers' compensation experts say that the new provisions will provide critical benefits to supplement miners' existing SSDI payments. Many of the workers have had their lives essentially destroyed by the insidious disease, they say, and the financial restitution will help them, and their families, live more comfortably.
Source: Associated Press, "Rule changes, bill could help black lung victims," April 3, 2012
]]>Dealing with one federal agency can be a headache, but dealing with two has proven to be even more confounding.
]]> When a person is approved on appeal for disability, they begin to receive monthly payments as well as retroactive compensation for the time between the submission of the original application and the approval of the appeal.The man had been receiving unemployment benefits while awaiting the appeal, so the standard practice is for the Social Security Administration and the state Division of Employment Security officials to calculate the difference and settle the payments on their own.
Now, the young man is being told by the state Division of Employment Security that he owes them $3,000 in overpayment. That, said his attorneys, is the mistake of the agencies and their client is not liable for the error.
One reason that the Division of Employment Security has been so adamant in collecting payment is the crackdown on overpayment to the unemployed. There is still no clear proof that the young man has been overpaid, but his lawyers assert that even if there is, he shouldn't be the one to pay the difference.
The two agencies consulted, as is common, and they claim they can't go back now and change it.
A representative from an advocacy organization said that this is certainly not the first time a mentally disabled individual has been caught between the two agencies. One agency assumes you are able to work and should not collect benefits while the other assumes you are unable to work and should collect benefits. When the two are at odds, it is sometimes the beneficiary who suffers.
Source: STLtoday.com, "Mentally ill Dardenne Prairie man challenges unemployment bureaucracy," Steve Giegerich, March 23, 2012
]]>Hernias, abdominal hernias and inguinal hernias can be detected on exam or MRI. The doctor may be able to push it back into place or by surgery. Open surgical procedures are used most often but sometimes they can be repaired laparoscopically. Both involve the use of mesh. Surgery may result in complications including abcess, fistula or bowel obstruction.
Often times chronic pain develops after a hernia injury and/or repair. Chronic groin pain can result. Often pain results from destruction or entrapment of nerve tissue from staples, sutures or the surgery itself. Hernias and their resultant pain can cause an inability to work and perform ones usually daily and social actiivties.
]]>To get started, the person who is disabled -- or their appointed advocate -- needs to go to the local Social Security Administration Office.
]]> The application will include naming the impairment, a history of any treatment along with work, educational, medical and family history. The application will be added to a list for reviewers to process. If any further documentation is needed, they will ask for it. Usually, the reviewer will need supporting documents from a doctor or mental health professional that has evaluated or treated the applicant.If the reviewer feels that there is insufficient evidence on which to base a decision, the application is sent to a Designated Medical Review Team and, often, a Mental Status Examination from a consulting examiner. The applicant will receive a letter informing them that they need to set up an appointment for a standard mental status examination with the consulting examiner.
The examiner will ask the applicant why they believe that they cannot work, as well as gathering the work and treatment history. A bio-psycho-social interview will take place, as well as a formal mental status examination. The applicant will be asked standardized questions designed to assess his or her cognitive abilities, as well as emotional and behavioral state. Cognitive strengths and weaknesses will be noted.
The consulting examiner will report on the applicant's mental status as well as their general demeanor, believability, effort and reaction to the examination. The report will be added to the applicant's case and be evaluated along with their medical history, stressors and overall functioning. They will be placed into one of three categories of disability: mild, moderate or severe.
A team of psychologists and psychiatrists will decide on the applicant's qualifications for disability. The applicant will be notified of their decision and has the option to appeal if they believe they were unfairly denied.
Source: Hometownlife.com, "Navigating Social Security disability benefits," Len McCulloch, March 18, 2012
]]>Once the claimant meets this burden, the burden then shifts to the party opposing the reinstatement petition. In order to prevail, the opposing party must show that the claimant's loss in earnings is not caused by the disability arising from the work-related injury. This burden may be met by showing that the claimant's loss of earnings is caused by the claimant's bad faith rejection of available work within the relevant required medical restrictions. For example a WCJ finds claimant can do light duty and the employer offers a light duty job but claimant chose not to try the job because it wasn't their usual type of work, or didn't pay what they had previously earned.
]]>By eliminating paper checks, the U.S. Treasurer estimates that taxpayers will save more than $1 billion over 10 years. By switching early, federal benefit recipients can help increase that amount. Currently, about 7 million recipients still receive paper statements. In 2010, that number hit 11 million, the highest it has been in recent history.
]]> The treasurer has said that, in this situation, everybody wins. Payments are more convenient, safer and more secure for recipients and cheaper for taxpayers.The Treasury Department has launched a public education campaign, called Go Direct, to help everyone understand how to make the switch to electronic payments. Recipients can either go to the Go Direct website to make the switch or call the U.S. Treasury Electronic Payment Solution Center. When making the switch, recipients must have their Social Security number or claim number, the amount of their most recent federal benefit check and their 12-digit federal benefit check number.
Recipients can also sign up for the Direct Express card to direct deposit into an existing account at a financial institution. For the latter, recipients will also need their routing number, which can be found on a personal check, as well as their account number and type: checking or saving.
Over the next year, the Treasury Department will be encouraging as many people as possible to receive their federal benefits, including Veterans Affairs and Social Security, electronically. Taxpayers will benefit if the change is made sooner rather than later.
Source: Santa Ynez Valley News, "Feds moving to all-electronic Social Security, other benefit payments," March 8, 2012
]]>Pittsburgh residents going through the SSD application process may find it is helpful to be informed of not only the initial expectations to receive payments, but also what steps need to be taken, if any, to continue eligibility.
]]> When a person applies and is approved for Social Security disability or Supplemental Security Income, they receive one of three labels: Medical Improvement Expected, Medical Improvement Possible or Medical Improvement Not Expected. If a recipient is under 50 and in the first category, they will likely receive a review before those in the second category.Children who are receiving SSI because of a disability are re-evaluated when they turn 18 to determine if they can join the work force.
In some cases, recipients benefit more from the insurance and health care that come with SSDI and SSI than the monthly checks. For those people, their illnesses range from intelligence quotients in the lowest one percentile, advanced cancer and autoimmune diseases such as AIDS.
A Continuing Disability Review may be triggered by unexpected income that may indicate a job. A judge can also order a review after a surgery or treatment intended to improve a medical condition. CDRs can be ordered for babies as young as 1-years-old.
Cases involving people undergoing Continuing Disability Reviews are often unwanted by lawyers because the clients cannot afford to pay. One Board Certified Social Security Disability Specialist said that the CDR process is unknown by most people, even if they receive disability. Her firm accepts clients who have been rejected by at least two private law firms. Her firm experiences no shortage of cases.
Source: Jackson Sun, "Social Security and disability reviews," Beth Bates, Feb. 27, 2012
]]>The system is simply ill equipped to handle the volume of cases and budget cuts have not helped the situation. The Social Security Administration says that in a group of 10 adult workers, three of them will become disabled before retirement age. In fiscal year 2011, approximately 3.4 million people applied for SSDI. Nearly three-quarters of those applications were rejected.
]]> The wait time for benefits is also extremely long. There is a backlog of more than 1.8 million cases somewhere in the five-step application process. It can take more than 800 days to fully process a claim.With all the rejection and waiting involved in the process, it is easy for applicants to be discouraged. However, there are experts who can help and advisors to give guidance in the process. A claim can be easily thrown out that it is worth the extra time and effort to make sure the application passes all inspection.
Many applicants go through the process alone and fail to meet the requirements. SSDI requires proof of paid payroll taxes and a medical impairment that will prohibit work for at least one year.
Benefits of SSDI go past the monthly payments. Once a person has received SSDI for two years, they become eligible for Medicare. Their dependents may also qualify for additional assistance if they are minors. SSDI also freezes earnings, preventing years of inactivity due to disability from negatively impacting retirement benefits.
Source: The Street, "Disabled or Hurt? Only 800 Days to Wait for SSDI Rejection," Joe Mont, Feb. 21, 2012
]]>The number of unemployed Americans may be artificially low as former workers are dropping out of unemployment lines and into Social Security queues. More specifically, more and more unemployed workers are applying for Social Security Disability benefits, citing mental illnesses such as depression.
]]> It could be that the stress of being out of work and actively looking for a job is really causing people serious mental health problems, said a research economist. Alternatively, workers could be looking for another safety net once their unemployment insurance runs out.Unlike unemployment insurance, which runs out after two years, disability benefits do not have an attached timer. In fact, regardless of age or reason for applying, once a person becomes a beneficiary, they are unlikely to ever return to the workforce. Currently, approximately 5.3 percent of people from ages 25 to 64 are currently collecting Social Security Disability checks each month. Across all demographics of America, more than 10.5 million people are receiving disability checks. That huge number of beneficiaries costs the federal government $200 billion each year, according to recent research from JPMorgan Chase.
Historically, disability benefits went to blue collar workers who suffered debilitating injuries or illness that prevented them from returning to work. Recently, there has been a surge of white collar workers applying for benefits, particularly older men.
An unexpected consequence of so many workers applying for disability benefits is that they have dropped out of the "unemployed and looking" pool. Without those workers seeking jobs, the unemployment rate is deceptively low.
Source: New York Post, "Jobless disability claims soar to record $200B as of January," Janet Whitman, Feb. 19, 2012
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