Pending Cases Drop Below 700,000; Processing Time Down 72 Days

Michael J. Astrue, Commissioner of Social Security, announced that the number of disability hearings pending stands at 697,437 cases — the lowest level since June 2005 and down more than 71,000 cases since December 2008, when the trend of month-by-month reductions began. In addition, the average processing time for hearing decisions has decreased to 442 days, down from a high of 514 days at the end of 2008.

“We have decreased the number of hearings pending by almost 10 percent over the last 14 months and cut the time it takes to make a decision by nearly two and a half months. This remarkable progress shows our backlog reduction plan is working,” Commissioner Astrue said. “With ongoing support from the President and Congress as well as the efforts of our hardworking employees, I am confident the hearings backlog will continue to diminish.”

Social Security has actively addressed the hearings backlog and increased the capacity to hold more hearings. The agency hired 147 Administrative Law Judges (ALJs) and over 1,000 support staff in 2009, and has plans to hire an additional 226 ALJs this year. The agency now has four National Hearing Centers to help process hearings by video conference for the most hard-hit areas of the country. The agency also has aggressive plans to open 14 new hearing offices and three satellite offices by the end of the year. The first of these offices was opened in Anchorage, Alaska on February 19, 2010.

Monthly Social Security Disability Benefits:

Up to 50% of a disabled persons Social Security Disability benefit may be taxed. This is determined by adding up one-half of the Social Security Disability benefit plus all of a person’s other income sources. Taxes are owed on any amount above a base level. For 2009 taxes, the base level was $32,000 for couples filing jointly and $25,000 for individuals.

Lump-sum Social Security Disability Benefits:

It can take several years to receive Social Security disability benefits, resulting in a lump-sum amount of back payments. Paying taxes on this amount in one year is a mistake and could be financially devastating. The IRS allows taxes on this lump-sum payment to be spread over previous tax years using the current-year tax return, with no need to file an amended return. However, the calculations are complex, and Attorney Sheri Abrams recommends seeking tax assistance.

Other Benefit Sources:

Many people with disabilities rely on additional income that may be taxed. Generally, workers’ compensation benefits and compensatory damages for injuries are not considered taxable. The taxability of long-term disability (LTD) insurance benefits depends on how the premiums were paid. If these premiums were paid with after-tax dollars, the benefits are not taxable income. If the LTD premiums were paid with pre-tax dollars as part of a cafeteria plan, for example, or your employer paid your premiums, the benefits are taxable.

Virginia Attorney Sheri R. Abrams along with Attorney Benjamin W. Glass has published a new guide for anyone filing for Social Security Disability benefits. This comprehensive legal book explains the process of filing for Social Security Disability benefits in easy-to-understand language, describes how an experienced attorney can guide a claimant through the maze of administrative work involved, and answers frequently-asked questions about the process.

The clear organization and down-to-earth approach makes this book a valuable reference tool for a layperson who seeks to understand how and when to apply for Social Security Disability benefits-and when to hire an attorney to help.

Sheri Abrams practices Social Security Disability law in Virginia, Maryland, and the District of Columbia. Sheri is “of counsel” to the law firm of Needham Mitnick & Pollack. Virginia attorney Benjamin Glass has authored six previous legal books.

This book is available for purchase at Amazon.com and through Word Association Publishers.

You can also download a free copy at www.sheriabrams.com.

Taxpayers with disabilities may qualify for a number of IRS tax credits and benefits. Parents of children with disabilities may also qualify. These seven tax credits and other benefits are available if you or someone else listed on your federal tax return is disabled:

1. Standard Deduction

Taxpayers who are legally blind may be entitled to a higher standard deduction on their tax return.

2. Gross Income

Certain disability-related payments, Veterans Administration disability benefits, and Supplemental Security Income are excluded from gross income.

3. Impairment-Related Work Expenses

Employees, who have a physical or mental disability limiting their employment, may be able to claim business expenses in connection with their workplace. The expenses must be necessary for the taxpayer to work.

4. Credit for the Elderly or Disabled

This credit is generally available to certain taxpayers who are 65 and older as well as to certain disabled taxpayers who are younger than 65 and are retired on permanent and total disability.

5. Medical Expenses

If you itemize your deductions using Form 1040 Schedule A, you may be able to deduct medical expenses. See IRS Publication 502, Medical and Dental Expenses.

6. Earned Income Tax Credit

Earned Income Tax Credit (EITC) is available to disabled taxpayers as well as to the parents of a child with a disability. If you retired on disability, taxable benefits you receive under your employer’s disability retirement plan are considered earned income until you reach minimum retirement age. The Earned Income Tax Credit is a tax credit that not only reduces a taxpayer’s tax liability but may also result in a refund. Many working individuals with a disability who have no qualifying children, but are older than 25 and younger than 65 do — in fact — qualify for EITC. Additionally, if the taxpayer’s child is disabled, the age limitation for the EITC is waived. The EITC has no effect on certain public benefits. Any refund you receive because of the EITC will not be considered income when determining whether you are eligible for benefit programs such as Supplemental Security Income and Medicaid.

7. Child or Dependent Care Credit

Taxpayers who pay someone to come to their home and care for their dependent or spouse may be entitled to claim this credit. There is no age limit if the taxpayer’s spouse or dependent is unable to care for themselves.

For more information on tax credits and benefits available to disabled taxpayers, see Publication 3966, Living and Working with Disabilities or Publication 907, Tax Highlights for Persons with Disabilities available on IRS.gov or by calling 800-TAX-FORM (800-829-3676).

Michael J. Astrue, Commissioner of Social Security, announced that Starting March 1, 2010, Social Security is adding 38 more conditions to its list of Compassionate Allowances. This is the first expansion since the original list of 50 conditions – 25 rare diseases and 25 cancers – was announced in October 2008. The new conditions range from adult brain disorders, such as early-onset Alzheimer’s disease, and rare diseases that primarily affect children. The complete list of the new Compassionate Allowance conditions is available if you click here.

“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease,” Commissioner Astrue said. “The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits. It allows Social Security to electronically target and make speedy decisions for the most obviously disabled individuals. In developing the expanded list of conditions, Social Security held public hearings and worked closely with the National Institutes of Health, the Alzheimer’s Association, the National Organization for Rare Disorders, and other groups.

“The diagnosis of Alzheimer’s indicates significant cognitive impairment that interferes with daily living activities, including the ability to work,” said Harry Johns, President and CEO of the Alzheimer’s Association. “Now, individuals who are dealing with the enormous challenges of Alzheimer’s won’t also have to endure the financial and emotional toll of a long disability decision process.”

“We will continue to hold hearings and look for other diseases and conditions that can be added to our list of Compassionate Allowances,” Commissioner Astrue said. “There can be no higher priority than getting disability benefits quickly to those Americans with these severe and life-threatening conditions.”

Michael J. Astrue, Commissioner of Social Security, announced on February 1, 2010 that 15 healthcare providers and networks have received $17.4 million in contract awards to provide electronic medical records to the Social Security Administration (SSA). These electronic medical records, which will be sent through the Nationwide Health Information Network (NHIN), will hopefully shorten the time it takes Social Security to make a disability decision and will improve the speed, accuracy, and efficiency of the disability program.

“Using health information technology will improve our disability programs and provide better service to the public,” Commissioner Astrue said. “We’ve seen a significant increase in disability applications. To process them, the agency sends more than 15 million requests annually for medical records to healthcare providers. This largely paper-bound workload is generally the most time-consuming part of the disability decision process. The use of health IT will dramatically improve the speed, accuracy, and efficiency of this process, reducing the cost of making a disability decision for both the medical community and the American taxpayer.”

The contract awards are funded through the American Recovery and Reinvestment Act (Stimulus). They will require awardees, with a patient’s authorization, to send Social Security electronic medical records through the NHIN. The NHIN, a safe and secure method for receiving access to electronic medical records over the Internet, is an initiative of the Department of Health and Human Services supported by multiple government agencies and private sector entities.

For the last year, Social Security has been successfully testing health IT to obtain electronic medical records. Disability applications processed with electronic medical records from the test sites have significantly reduced processing times. Some decisions are now made in days, instead of weeks or months. Social Security expects to receive more than 3.3 million applications in fiscal year (FY) 2010, a 27 percent increase over FY 2008.

I have gotten many requests for information on vacation options for families who have members with disabilities.

“Autism on the Seas” provides cruising vacation options for Adults and Families dealing with Autism and related Disabilities.

“Autism on the Seas” is dedicated to servicing the cruising travel needs of families and individuals faced with Autism and Asperger Syndrome, and all Cognitive, Intellectual and Developmental Disabilities as well as (but not limited to) Cerebral Palsy and Down Syndrome.

“Autism on the Seas” has been in collaboration with Royal Caribbean International since 2007, providing Group Cruises for a vacation experience that is unmatched. They also provide “Individual Autism Cruise Services” for those individuals and families who wish to cruise on any date or ship of their choice on Royal Caribbean, Celebrity, NCL, Carnival, or Disney.

Please visit their website at www.AutismontheSeas.com

or call “Autism on the Seas” at 1-800-516-5247 and ask for Mike or Karen

Please tell him/her that Sheri Abrams referred you.

Data from the U.S. Census is used to assign congressional seats to states, and it directly affects how more than $400 billion per year in federal funding is distributed to state, local and tribal governments. Accurate counts impact several important programs and services that are critical to the disabled community.

Here is what the census means for people with a disability:

* Helps state and county agencies plan for eligible recipients under the Medicare, Medicaid,and Supplemental Security Income (SSI) programs.

* Distributes funds and develops programs for people with disabilities and the elderly under the Rehabilitation Act.

* Distributes funds for housing for people with disabilities under the Housing and Urban Development Act.

* Allocates funds for mass transit systems to provide facilities for people with disabilities under the Federal Transit Act.

* Awards federal grants, under the Older Americans Act, based on the number of elderly people with physical and mental disabilities.

* Allocates funds to states and local areas for employment and job training programs for veterans and disabled veterans under the Job Training Partnership Act, Disabled Veterans Outreach Program.

* Ensures that comparable public transportation services are available for all segments of the population under the Americans with Disabilities Act.

The Red Book serves as a general reference source about the employment-related provisions of the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. While the Red Book is primarily for educators, advocates, rehabilitation professionals and counselors who serve people with disabilities, it can also serve as a self-help guide for Social Security applicants and beneficiaries. The 2010 Red Book is available in English and Spanish at http://www.socialsecurity.gov/redbook/

For more information about going back to work while receiving Social Security disability benefits please contact Attorney Sheri Abrams at www.sheriabrams.com for an Appointment.

As a result of a decision issued by the U.S. District Court for the Northern District of California, beginning April 15, 2010 the Social Security Administration (SSA) will offer the option of receiving notices in Braille by first class mail or a Microsoft® Word compact disc (CD). The CD may be used on a computer that has the software needed to access Word, but not in an audio CD player.

Michael J. Astrue, Commissioner of Social Security, and Chubby Checker, Grammy Award winner and rock and roll legend, have launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs. The extra help program currently provides assistance to more than nine million older adults and people with disabilities — saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov.

To qualify for extra help, people must meet certain resource and income limits. The new Medicare law eases those requirements in two ways. First, it eliminates the cash value of life insurance from counting as a resource. Second, it eliminates the assistance people receive from others to pay for household expenses, such as food, rent, mortgage or utilities, from counting as income. There also is another important “twist” in the law. The application for extra help can now start the application process for Medicare Savings Programs — state programs that provide help with other Medicare costs. These programs help pay Medicare Part B (medical insurance) premiums. For some people, the Medicare Savings Programs also pay Medicare Part A (hospital insurance) premiums, if any, and Part A and B deductibles and co-payments.

To learn more about the extra help program and to view the new TV spot featuring Chubby Checker, go to www.socialsecurity.gov/extrahelp.

Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. SSI is often confused with Social Security Disability Insurance (SSDI). One of the main differences between the two programs is that SSDI is available to people with disabilities no matter how much money they earn or have, while SSI places very strict limits on a recipient’s income and assets. However, in most states, an SSI beneficiary who receives even $1 from the program also qualifies for Medicaid health coverage, which can be far more valuable than SSI’s benefit itself.

How to Qualify for SSI:

This first requirement is often the hardest for SSI applicants to meet, in large part because the federal government’s definition of “disabled” is so narrow. In essence, adult SSI applicants who are seeking benefits based on a disability must show that they are almost completely unable to work at any job whatsoever. The applicant must have a physical or mental impairment that makes it impossible for him to engage in any “substantial gainful activity,” and this impairment must be expected to last for longer than one year or to result in death. If an applicant is able to engage in substantial gainful activity, then he will typically not be eligible for SSI. A child applicant must have a physical or mental impairment that results in marked and severe functional limitations and can be expected to last for longer than one year or result in death.

An SSI Beneficiary Must Have Very Limited Resources:

Once an SSI applicant has shown that she is disabled, she must also prove that she has less than $2,000 to her name. If the applicant can use or liquidate an asset to pay for food or shelter, the asset will probably count as a “resource” against this limit. A resource would include any funds held in the applicant’s bank accounts, retirement accounts, or in cash. If the applicant has set up a trust that does not meet specific requirements, the trust funds are also counted against the $2,000 limit. The applicant’s own home will not be considered an available resource, and her car is also exempt. The $2,000 resource limit does not disappear once a person qualifies for SSI. If an SSI beneficiary ends a month with more than $2,000 in her name, she will lose her benefits in the following month.

Income Is Key:

SSI recipients get only a modest monthly benefit, and this sum is reduced by any income they may have. In 2009, the maximum federal SSI benefit was $674 a month, although many states add a small supplement to this. In addition, SSI benefits are reduced by $1 for each dollar of unearned income a beneficiary receives (such as interest or dividends), and by $0.50 for each dollar of earned income (such as wages). SSI benefits are also reduced if an adult beneficiary lives in someone else’s home without paying rent, or if he receives free meals. Finally, the income of the people living with the beneficiary can count against the beneficiary. If the beneficiary’s combined income reduces his SSI benefit to zero, he loses SSI, along with any Medicaid benefits that may come with it.

Supplemental Needs Trusts Can Help:

Although SSI’s income and asset rules are highly restrictive, several types of trusts, called “Special Needs” or “Supplemental Needs” trusts, can protect an SSI beneficiary’s assets while allowing her to maintain SSI eligibility. Relatives and friends of the SSI recipient can also set up a trust for the recipient and fund it with their own money. If properly structured, these trusts also will allow an SSI recipient to continue receiving benefits. Unfortunately, a poorly drafted special needs trust can destroy any hopes an applicant has of ever qualifying for SSI.

Quality Advice Is Necessary:

SSI is a very complicated program with rules that most attorneys who do not focus on this practice area have trouble understanding. Therefore, it is essential to seek out a qualified special needs planner, such as the Attorneys at the Law Firm of Needham Mitnick & Pollack, who can guide you or your family through the complicated process of obtaining and maintaining SSI benefits.

From USA Today: Years after passage of the ADA, separation of Church and State means that houses of worship remain beyond the law’s reach. State laws meant to tackle this problem face many problems. Not only are they tricky to enforce, but places of worship say that they are costly and impractical. The definition of what is “reasonable accommodation” for one, may not apply to another. Enforcement, therefore, is left up to local officials.

It is my pleasure to announce that starting this January 2010 I will be joining the law firm of Needham Mitnick & Pollack, as “Of Counsel.”

After being a solo practitioner for the last 15 years I did not enter into this position lightly. However, I feel that this relationship with the wonderful people of this firm will be a benefit to both myself and my clients.

At Needham Mitnick & Pollack I will continue practicing Social Security Disability Law and Special Needs Planning as well as some additional areas in the future.

I will be available to see clients at Needham Mitnick & Pollack’s offices in Falls Church as well as my present office in Fairfax.

Needham Mitnick & Pollack is a well established Elder Law, Estate, Disability & Special Needs Planning law firm that can assist clients with Wills, Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.

For more information on the law firm of Needham Mitnick & Pollack, please click here.

Attorney Sheri Abrams will be the speaker at the january 16, 2010 Springfield Multiple Sclerosis Support Group Meeting.

She will speak on the topic of how to receive Social Security Disability benefits.

The support group meets from 10:00 AM to Noon at:

Sunrise Assisted Living
6541 Franconia Road
Springfield, VA 22150

third floor

The woman at the front desk will direct you to the right elevator

All are welcome and this event is free.

The Lyme Disease Map Project at www.lymediseasemap.org is testing a new paradigm for public health education using Google Maps and social networking.

If you or someone you know has had Lyme Disease and wish to share your story to help promote awareness of Lyme Disease, go to www.lymediseasemap.org which contains a map that enables people to share their story of Lyme Disease by adding a “pin point” of where they contracted Lyme Disease to the map.

Just complete a brief online form and your case of Lyme Disease will be added to the map. Participation is completely voluntary.

The Social Security Administration earlier this month mailed notices that contained incorrect January 2010 payment dates. These erroneous notices went to about 6 million beneficiaries who receive their payments on either the second, third, or fourth Wednesday of each month, and are part of the annual benefit notices that go to 52 million Social Security beneficiaries. In the notice the payment date is incorrectly shown as one week before what the actual date of payment will be. The other information in the notice, including the payment amount, is correct. Social Security is sending a letter explaining the error to beneficiaries who received the incorrect one as soon as possible.

“We apologize for the inconvenience and confusion these incorrect notices will cause,” said Michael J. Astrue, Commissioner of Social Security. “The problem was caused by an unfortunate human error. We are correcting the misinformation as quickly as possible, and we are reviewing our processes closely to prevent this type of mistake from happening in the future. People receiving Social Security benefits in January 2010 should know that their payment will arrive on the same payment day that it has arrived in the past.”

From the Associated Press: A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun.

Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year.

The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife.

But the payments dried up this fall and when Blanchard called Manulife, she says she was told she was available to work because of Facebook.

She said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday.

Blanchard said Manulife told her it’s evidence she is no longer depressed. She’s fighting to get her benefits reinstated and says her lawyer is exploring what the next step should be.

Blanchard told the CBC that on her doctor’s advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Manulife wouldn’t comment on Blanchard’s case, but did say they would not deny or terminate a claim solely based on information published on Web sites such as Facebook.

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted by the United Nations General Assembly in 1982, provides an opportunity to mobilize action to achieve the goal of full and equal enjoyment of human rights and participation in society by persons with disabilities.

Globally, almost one in ten people have a disability and recent studies indicate that persons with disabilities constitute up to 20 percent of the population living in poverty in developing countries. Many persons with disabilities continue to face barriers to their participation in their communities and are often forced to live on the margins of society. They often face stigma and discrimination and are routinely denied basic rights such as food, education, employment, access to health, and reproductive health services. Many persons with disabilities are also forced into institutions, a direct breach of the rights to freedom of movement and to live in their communities.

The United Nations has a long history of promoting the rights and well-being of all people, including persons with disabilities. The organization has worked to ensure their full and effective participation in the civil, political, economic, social, and cultural spheres on an equal basis with others in order to achieve a society for all. The organization’s commitment to the full and equal enjoyment of all human rights by persons with disabilities is deeply rooted in a quest for social justice and equity in all aspects of societal development. The World Programme of Action Concerning Disabled Persons and the Standard Rules on Equalization of Opportunities for Persons with Disabilities translated the organization’s commitment into an international policy framework, which has been further strengthened by the Convention on the Rights of Persons with Disabilities, an international legal instrument, to empower persons with disabilities to better their lives and that of their communities around the world.

Generally, Social Security only assigns one number to an individual. They use that number to record an individual’s earnings so that they can determine future benefits and, eventually, to track benefits paid. Only under the following circumstances can Social Security assign a different number:

•Sequential numbers assigned to members of the same family are causing problems;
•More than one person has been assigned, or is using, the same number;
•An individual has religious or cultural objections to certain numbers or digits in the original number;
•A victim of identity theft continues to be disadvantaged by using the original number; or
•Situations of harassment, abuse or life endangerment (including domestic violence).

When Social Security assigns a new number, they do not void or delete the original number. For integrity reasons, they cross-reference all the numbers assigned to the same individual.

To apply for a different number:

•Complete an Application For A Social Security Card (Form SS-5); and

•Take this and the following to the Social Security local office with documents proving:

U.S. citizenship (or immigration status and work eligibility);
Identity; and
Evidence to support your need for a new number

All documents must be either originals or copies certified by the issuing agency. Social Security cannot accept photocopies or notarized copies of documents.

Michael J. Astrue, Commissioner of Social Security, today hosted the agency’s fifth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and Social Security executives. They heard testimony from some of the nation’s leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.

“Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties,” said Commissioner Astrue. “The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness. This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella.”

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security’s standards. “Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need,” Commissioner Astrue said. “This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months.”

Fairfax Virginia Attorney Sheri Abrams’ blog “Virginia Disability Law Blog” has been chosen as one of the National Top 100 Legal Blogs by Attorney.org.

During its 2009 session, the Virginia General Assembly expressed its intent to eliminate the waiting lists for the Medicaid Intellectual Disabilities (formerly “Mental Retardation”) Waiver and the Individual and Family Developmental Disabilities Supports Waiver.

In doing so, it required the Department of Medical Assistance Services (DMAS) to collaborate with the Department of Planning and Budget to increase the number of funded waiver slots at a minimum of 67 slots for the Individual and Family Developmental Disabilities Supports waiver and 400 slots for the Intellectual Disabilities waiver per year, until the waiting lists are eliminated and directed the Governor to develop a plan to eliminate the waiting lists for these waivers by the 2018-2020 Biennium.

The full report can be accessed here.

Click here for a wonderful article on the 21 websites to get prescription payment assistance

Most people have heard the terms “will” and “trust,” but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan.

One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it. A will is a document that directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. By contrast, a trust can be used to begin distributing property before death, at death or afterwards. A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” A trust usually has two types of beneficiaries one set that receives income from the trust during their lives and another set that receives whatever is left over after the first set of beneficiaries dies.

A will covers any property that is only in your name when you die. It does not cover property held in joint tenancy or in a trust. A trust, on the other hand, covers only property that has been transferred to the trust. In order for property to be included in a trust, it must be put in the name of the trust.

Another difference between a will and a trust is that a will passes through probate. That means a court oversees the administration of the will and ensures the will is valid and the property gets distributed the way the deceased wanted. A trust passes outside of probate, so a court does not need to oversee the process, which can save time and money. Unlike a will, which becomes part of the public record, a trust can remain private.

Wills and trusts each have their advantages and disadvantages. For example, a will allows you to name a guardian for children and to specify funeral arrangements, while a trust does not. On the other hand, a trust can be used to plan for disability or to provide savings on taxes. Sheri Abrams, Attorney at Law, can tell you how best to use a will and a trust in your estate plan.

President Barack Obama just signed hate crime legislation that extends federal hate crimes to include those committed against people because of gender, sexual orientation, gender identity or disability. It also loosens limits on when federal law enforcement can intervene and prosecute crimes.

Obama said in East Room reception, surrounded by supporters, “No one in America should be forced to look over their shoulder because of who they are, or because they live with a disability.”

For more on this new law, please click here.

The Circle of Support Conference is a conference for families of children with special needs and the professionals who work with them. The conference is sponsored by the ARC of Prince William County.

The conference is taking place on Saturday, November 7, 2009 from 8:30 AM until 3:30 PM.

The conference is taking place at: Hylton High School, 14051 Spriggs Road, Woodbridge, VA 22193.

For info about this conference please see this website: http://arcgpw.org/

Ms. Abrams will be speaking on The In’s and Out’s of Qualifying for Social Security Disability & SSI Benefits –

In this workshop, Sheri Abrams will discuss what social security disability and SSI benefits are, who qualifies for them (with emphasis on families of children with special needs), how the application and appeal process work, what to do if denied benefits, and when to hire an attorney and the costs involved. Sheri R. Abrams is an attorney specializing in Social Security Disability law and the preparation of wills, special needs trusts, living wills, financial powers of attorney, and health care powers of attorney. She is a sole practitioner in Fairfax, VA.

Unfortunately, a diagnosis of a terminal illness often comes with many expenses. If you need money to pay for your medical care or comfort, you may be able to use your life insurance policy to get some immediate cash. “Viatical settlements” allow terminally ill individuals to sell their life insurance policies. Alternatively, some insurance companies allow you to receive an accelerated death benefit.

A viatical settlement is similar to a life settlement, but it is designed for individuals that are terminally ill. You sell your policy to a company, which then collects the death benefit when you die. Most companies require that you have owned your policy for at least two years, your beneficiaries sign a release or waiver, you have a life expectancy of anywhere from two to four years (depending on the company), and you allow the company access to your medical records.

A company will usually pay more than the cash surrender value, but less than the death benefit, although the exact price depends on a number of factors. In determining price, companies look at your life expectancy, how long you have had the policy, and the face value of the policy, among other things.

Rather than selling your policy, some insurance companies allow you to collect a portion of your death benefit before you die. This is called an accelerated death benefit. This option may be included as part of your policy or you may have to pay extra for it.

Accelerated death benefits are paid under certain circumstances, usually the onset of a terminal illness, the need for long-term care, or the diagnosis of a specified medical condition. The amount you can receive may be capped and you may be able to receive either a lump sum or monthly payments. Any remaining amount will go to your beneficiaries when you die.

Both viatical settlements and accelerated death benefits could have tax consequences and affect Medicaid planning. Before taking either option, you should consult with attorney Sheri Abrams.

Fairfax Virginia Attorney Sheri Abrams has been selected by her peers as a member of Virginia’s Legal Elite for 2009.

In cooperation with the Virginia Bar Association, Virginia Business magazine asked lawyers throughout the commonwealth to nominate the best in their profession in 15 practice categories.

Ms. Abrams will be listed with the other winners in the December issue of Virginia Business magazine.

President Obama just announced his intent to nominate Disability Expert Chai R. Feldblum for Commissioner of the Equal Employment Opportunity Commission (EEOC). The EEOC has five commissioners.

Chai Feldblum, a law professor at Georgetown University Law Center, previously served as legislative counsel to the AIDS Project of the American Civil Liberties Union, where she played a role in the drafting of the Americans with Disabilities Act of 1990.

Her degrees are from Harvard Law School and Barnard College, and she went on to clerk for Judge Frank Coffin on the First Circuit Court of Appeals and Supreme Court Justice Harry A. Blackmun.

I have the pleasure of knowing Chai Feldblum and feel that President Obama could not have made a better selection.

Good News: If you are – or know someone — applying for Social Security disability benefits, the waiting time for a decision is likely to be shorter rather than longer.

Since 1999, the number of people waiting for a decision on disability benefits swelled — and the waiting times became longer and longer. The results were often tragic – people lost their homes, families broke apart, people did not get badly needed medical care. Sad to say, nearly every year some people died while waiting for a decision.

Now – for the first time in a decade – the Social Security Administration has reduced both the number of people waiting for decisions on their disability applications and the waiting time to get a decision. SSA Commissioner Michael Astrue made the announcement in a recent press release.

We’ve been fighting for this for many years. The problem is that for many years, the Social Security Administration’s work load went up but its budget went down. The strains on the Social Security Administration became worse as the Baby Boomers began to retire. Finally, there was a small budget increase in 2008 and a more substantial increase in 2009.

Bad News: The recession threatens to overwhelm the recent improvements – and may make the waiting times pop right back up. The number of people applying for both disability and retirement benefits is rising dramatically. In a recession, people with disabilities and seniors who lose their jobs and cannot find another apply for Social Security retirement and disability benefits.

Stephen C. Goss, a top Social Security official, recently said that normally about 2.5 million people apply for disability benefits each year. By contrast, as of September 30, 2009, the annual applications were expected to be 3 million – with even higher numbers yet to come. “When there’s a bad recession and we lose 6 million jobs, people of all types are going to be part of that,” Goss said.

Associated Press – The Social Security Administration makes it official Thursday: There will be no cost of living increase for Social Security recipients next year, the first year without one since automatic adjustments were adopted in 1975.

The announcement comes as President Barack Obama and key members of Congress call for a second round of $250 payments to more than 50 million seniors, veterans, retired railroad workers and people with disabilities.

The payments would be equal to about a 2 percent increase for the average Social Security recipient. The cost: $13 billion.

Obama called on Congress Wednesday to approve the payments, and several key members of Congress said they would.

“This additional assistance will be especially important in the coming months, as countless seniors and others have seen their retirement accounts and home values decline as a result of this economic crisis,” Obama said in a statement.

Blame falling consumer prices for no automatic increase next year. By law, Social Security’s cost-of-living adjustment, or COLA, is pegged to inflation, which was negative this year, due largely to falling energy costs.

The $250 payments would go to Social Security recipients as well as those receiving veterans benefits or disability benefits, railroad retirees and retired public employees who don’t receive Social Security. Recipients would be limited to one payment, even if they qualified for more.

Obama said he would not allow the payments to come out of the Social Security trust funds and further erode the finances of the retirement program. Social Security already is projected to pay out more in benefits than it collects in taxes in each of the next two years.

However, Obama did not offer any alternatives to finance the payments. A senior administration official said Obama was open to borrowing the money, increasing the federal budget deficit. The official, who requested anonymity, was not authorized to speak on the record.

The $250 payments would match the ones issued to seniors earlier this year as part of the massive economic recovery package enacted in February. Those, too, were financed with borrowed money.

Senate Majority Leader Harry Reid, D-Nev., said he supports sending out another round of payments, as did Rep. Charles Rangel, D-N.Y., chairman of the Ways and Means Committee, which has jurisdiction over Social Security in the House.

Other lawmakers said Social Security recipients shouldn’t get the extra payments because the formula doesn’t call for it.

“I think it would be inappropriate,” said Sen. Judd Gregg, R-N.H. “The reason we set up this process was to have the Social Security reimbursement reflect the cost of living.”

Social Security payments increased by 5.8 percent in January, the largest increase since 1982. The big increase was largely because of a spike in energy costs in 2008.

Inflation has been negative this year as gasoline prices have dropped 30 percent and overall energy costs have dropped 23 percent, according to the Bureau of Labor Statistics.

Social Security payments, however, cannot go down. The average monthly Social Security payment for all Social Security recipients is $1,094.

Productivity and Processing Times Also Improve

Michael J. Astrue, Commissioner of Social Security, today announced that for the first time since 1999, the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to 760,813 hearings pending at the start of the year, a reduction of more than 37,000 cases. Over the same period, the average processing time for these cases improved from 514 days in FY 2008 to 491 in FY 2009.

“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said. “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months. Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”

To achieve its backlog reduction goals, the agency has embarked on the largest expansion in decades of its capacity to hear disability appeals. This year, the agency hired 147 new Administrative Law Judges (ALJs) and 850 support staff and plans to hire 226 additional ALJs plus support staff in FY 2010. To provide flexibility to assist the most backlogged hearing offices, the agency opened three new National Hearing Centers (NHCs) in Albuquerque, New Mexico; Baltimore, Maryland; and Chicago, Illinois. The agency also has aggressive plans to open 14 new hearing offices and 4 satellite offices by the end of next year with the first of those new offices opening in Anchorage, Alaska in the next few months.

In addition to reducing the number of cases awaiting a hearing decision, the agency again targeted the oldest and most difficult cases for processing. Beginning in FY 2007 with 65,000 cases that were 1,000 days old or older, the agency has continually attacked its “aged” cases. This year, the agency targeted 166,838 cases that were 850 days or older and virtually eliminated this entire universe of cases. The goal in FY 2010 has been reset again to eliminate cases over 825 days old.

Social Security’s ALJs also continue to increase their productivity. The agency averaged 570 dispositions (2.28 per day) per available ALJ in FY 2009, an upward trend that has continued for the last three years.

From the White House (10/5/09):

FOR IMMEDIATE RELEASE

Washington, D.C. – President Obama today announced that his Administration is taking several steps to ensure that there is fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The announcement comes during National Disability Employment Awareness Month.

“My Administration is committed to ensuring that all Americans have the chance to fulfill their potential and contribute to our nation,” said President Obama. “Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need to succeed. As the nation’s largest employer, the Federal Government and its contractors can lead the way by implementing effective employment policies and practices that increase opportunities and help workers achieve their full potential. We must also rededicate ourselves to fostering an inclusive work culture that welcomes the skills and talents of all qualified employees. That’s why I’ve asked the responsible agencies to develop new plans and policies to help increase employment across America for people with disabilities.”

The following are some of the steps the Obama Administration will take:

•The Office of Personnel Management (OPM) and Department of Labor’s Office of Disability Employment Policy (ODEP) will collaborate to sponsor and organize a day long Federal Government-wide job fair for people with disabilities. The Fair will take place in early spring 2010. In addition to the Job Fair, OPM, ODEP, the Equal Employment Opportunity Commission (EEOC) and the Department of Defense’s office on Computer and Electronic Accommodations Program (CAP) will provide workshops throughout the day on a variety of topics including the Schedule A hiring waiver and the right to the provision of reasonable accommodations including information on assistive and communications technology.

•OPM will develop training on Schedule A for federal Human Resources specialists, hiring managers and selective placement coordinators that will be easily accessible and includes on line training.

•EEOC and the Department of Justice’s Civil Rights Division will hold four Town Hall meetings throughout the nation to share information about the ADA Amendments Act proposed regulations and to gather comments on them. All Town Hall meetings will consist of two sessions – one for disability advocates and one for the employer community. These sessions will be completed by November 20th. The four locations are Philadelphia, Chicago, San Francisco, and New Orleans.

•The Department of Justice will release a video that will identify and respond to a number of common myths held by employers about workers with disabilities.

•OPM will create and lead a task force comprised of representatives from key Federal Departments and Agencies that have developed and implemented model practices for recruiting, retaining and advancing employees with disabilities. The task force will report on the innovative practices agencies use to encourage the employment of individuals with disabilities. The report will identify and promote successful practices for conducting outreach, recruiting, hiring qualified candidates, successful accommodations, and providing opportunities for career advancement at all levels.

October 14, 2009 – 3:00 p.m.

The Lupus Foundation of America is proud to present live moderated chats, featuring the nation’s leading experts in lupus. This is your opportunity to ask a question and learn more about lupus from thought leaders in a number of medical disciplines associated with lupus.

The LFA welcomes Ms. Sheri R. Abrams. Ms. Abrams is a Fairfax, Virginia, Attorney dedicated to helping people with Social Security Disability Benefits issues, as well as working with people to prepare Special Needs Trusts, Wills, Living Wills, a Health Care Power of Attorney, or a Financial Power of Attorney.

Ms. Abrams is a solo practitioner in Virginia, whose niche-within-a-niche is in the Special Needs area of estate planning, which requires additional care and experience, to properly understand and meet the needs of the community involved.

Ms. Abrams has received an AV Superior Rating, the highest ranking possible in the Martindale-Hubbell Law Directory.

For more information on this webchat please click here.

An Executor/Executrix is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, partner, an adult child, a relative, or a friend to fulfill this duty.

If no Executor/Executrix is named in a will, a Probate Judge will appoint one. Probate refers to the legal procedure for the orderly distribution of property in a person’s estate. The Executor/ Executrix files the will in probate court, where a Judge decides if the will is valid. If it is found to be valid, assets are distributed according to the will. If the will is found to be invalid, assets are distributed in accordance with state laws.

Responsibilities usually undertaken by an Executor/Executrix include:

– Paying valid creditors;

– Paying taxes;

– Notifying Social Security and other agencies and companies of your death;

– Canceling credit cards, magazine subscriptions, etc.; and

– Distributing assets according to the will.

Sheri Abrams (an attorney specializing in disability law) will be on hand at Fairfax Hospital’s Physician Center on October 4th to discuss employment and disability law as it relates to Tourette Syndrome and associated disorders.

Additional speakers may participate as well.

Time to be Announced.

Address of Fairfax Hospital
3300 Gallows Rd
Falls Church, VA 22042

For more information on this presentation please click here.

A U.S. district court has approved a settlement agreement between the Social Security Administration (SSA) and a group of individuals who had their benefits automatically withheld because of outstanding arrest warrants against them. The SSA has agreed to repay more than $500 million in benefits that were withheld since Jan. 1, 2007.

The settlement resolves a class action lawsuit that challenged the implementation of a law that sought to prevent people from using government resources to flee from arrest. Instead of figuring out which Social Security recipients were actually fleeing prosecution, the SSA suspended benefits by using a computer matching system to match names in warrant databases to those at the SSA. However, many of the matches involved false or unproven allegations, minor infractions, or long-dormant arrest warrants.

Under the agreement, the SSA stopped suspending or denying benefits solely on the basis of an outstanding warrant as of April 1, 2009. Benefits will still be withheld if the warrant was issued in a criminal proceeding on a charge such as flight or escape. According to the National Senior Citizens Law Center, more than 200,000 people may see their benefits reinstated or receive back payments due to the settlement.

Michael J. Astrue, Commissioner of the Social Security Administration, announced that the agency has entered into an agreement with Microsoft to test the use of Microsoft’s HealthVault application in the disability process.

HealthVault is a free online service that enables people to gather, store and manage their families’ health information, and share that information with their physicians and healthcare providers.   These “personal health records” contain the same types of information that Social Security generally obtains from people applying for disability benefits.

The use of personal health records holds great promise for ensuring that the medical information we collect from someone applying for disability benefits is accurate and complete,” Commissioner Astrue said. “Combined with other advancements in health information technology, our use of HealthVault should result in faster decisions for disability applicants. I look forward to working closely with Microsoft, a world-wide leader in information technology.”

Social Security and Microsoft are developing a technical prototype connecting the two organizations that will be available later this year. The agency also will collaborate with Microsoft to study current personal health record standards, gaps in those standards, and options for filling those gaps.

Special Topic Seminar:

ENHANCING THE QUALITY OF LIFE WITH LUPUS DEALING WITH DISABILITIES AND OTHER ISSUES

Topics Include:

Independent Living

Employment

Communicating with Others

Financial Resources
SPEAKERS:

Patricia Jackson
LFAGW Support Group Leader
Sheri Abrams, P.C.
Fairfax Virginia Attorney specializing in Social Security Disability Law
Steven Nissen, M.S., CRC
National Multiple Sclerosis Society- National Capital Chapter
Director of Employment Programs
Director of Operation Job Match (OJM)

WHEN: Saturday, September 12, 2009

TIME: 9:30AM-12:00PM

WHERE: Carnegie Endowment for International Peace
1779 Massachusetts Avenue, NW
Washington, DC 20036

REGISTER: Go to this site to register

Visit Lupus.org to register!

This Special Topic Seminar is offered as a free service of the LFAGW. All costs of services for patients and families are underwritten by the fundraising efforts of the LFAGW, including the Walk for Lupus Now held in April of each year.

Speaker Bios:
Patricia Jackson:
Pat Jackson is an LFAGW Support Group Leader with over thirty years of experience developing, managing, marketing, and evaluating diverse workforce employment and training programs for persons with disabilities. She was with St. John’s Community Services, advancing community support and opportunities for people living with disabilities. She was a Program Manager for Lockheed Martin Corporation, responsible for managing national information technology programs and recruiting a diverse workforce. She has directed national programs for the U.S. Department of Labor, U.S. Department of Homeland Security, the Social Security Administration and the National Council on Disability. In 2005, Ms. Jackson was commissioned by the National Council on Disability to direct a comprehensive assessment and produce a rigorous, relevant impact study of the American’s with Disabilities Act on the lives of people with disabilities. Ms. Jackson served as the Executive Director of Mainstream Inc., a national nonprofit organization that developed programs and services for youth and adults with disabilities. She has comprehensive direct services, placement, technical assistance and consultation experience with employers, and extensive knowledge of practical solutions to increase employment outcomes for people with disabilities.

Steven W. Nissen, M.S., CRC:
Steven W. Nissen is Director of Employment Programs at the National Capital Chapter of the National MS Society in Washington, DC and Director of Operation Job Match (OJM), the employment assistance and support program of the chapter. He is also an Employment Consultant to the national office’s Client Programs and Services Department. Before coming to the National MS Society, he worked extensively in the vocational rehabilitation field including as a Rehabilitation Counselor for the Virginia Department of Rehabilitative Services, the state vocational rehabilitation agency. In addition to his experience in the public sector, Steve worked for a private vocational rehabilitation and case management company where he provided job development and placement assistance to individuals with physical disabilities. Steve has a B.S. degree in psychology, an M.S. degree in rehabilitation counseling, and is a Certified Rehabilitation Counselor (CRC). He recently co-authored Employment Issues and Multiple Sclerosis, 2nd edition (P. D. Rumrill, Jr., M.L. Hennessey, and S.W. Nissen, 2008, available from Demos Medical Publishing [www.demosmedpub.com]).

Sheri Abrams, Attorney at Law:
Sheri R. Abrams is a Fairfax Virginia attorney specializing in Social Security Disability Law. She founded her own law firm in 1995. Since that time she has concentrated her law practice to the areas of Social Security Disability Law, Wills, Living Wills, Powers of Attorney and Special Needs Trusts. Ms. Abrams regularly handles cases in Virginia, Maryland, and the District of Columbia. She received a B.S. B.A. degree from Boston University, School of Management, and received a law degree from George Washington University School of Law. Ms. Abrams has been invited to speak to numerous groups, including the Virginia Trial Lawyers Association, the Multiple Sclerosis (MS) Society, and the Virginia Department of Rehabilitation Services. Ms. Abrams was selected for the 2009 Best of Fairfax Award in the Local Business category.

The Associated Press reports that millions of older people and the disabled face shrinking Social Security checks next year, the first time in a generation that payments would not rise.

The trustees who oversee Social Security are projecting there won’t be a cost of living adjustment (COLA) for the next two years. That hasn’t happened since automatic increases were adopted in 1975.By law, Social Security benefits cannot go down.

Nevertheless, monthly payments would drop for millions of people in the Medicare prescription drug program because the premiums, which often are deducted from Social Security payments, are scheduled to go up slightly.

“I will promise you, they count on that COLA,” said Barbara Kennelly, a former Democratic congresswoman from Connecticut who now heads the National Committee to Preserve Social Security and Medicare. “To some people, it might not be a big deal. But to seniors, especially with their health care costs, it is a big deal.”

Cost of living adjustments are pegged to inflation, which has been negative this year, largely because energy prices are below 2008 levels.

Advocates say older people and the disabled still face higher prices because they spend a disproportionate amount of their income on health care, where costs rise faster than inflation. Many also have suffered from declining home values and shrinking stock portfolios just as they are relying on those assets for income.

“For many elderly, they don’t feel that inflation is low because their expenses are still going up,” said David Certner, legislative policy director for AARP. “Anyone who has savings and investments has seen some serious losses.”

About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit for retirees is $1,153 this year. All beneficiaries received a 5.8 percent increase in January, the largest since 1982.

More than 32 million people are in the Medicare prescription drug program. Average monthly premiums are set to go from $28 this year to $30 next year, though they vary by plan. About 6 million people in the program have premiums deducted from their monthly Social Security payments, according to the Social Security Administration.

Millions of people with Medicare Part B coverage for doctors’ visits also have their premiums deducted from Social Security payments. Part B premiums are expected to rise as well. But under the law, the increase cannot be larger than the increase in Social Security benefits for most recipients.

There is no such hold-harmless provision for drug premiums.

Kennelly’s group wants Congress to increase Social Security benefits next year, even though the formula doesn’t call for it. She would like to see either a 1 percent increase in monthly payments or a one-time payment of $150.

The cost of a one-time payment, a little less than $8 billion, could be covered by increasing the amount of income subjected to Social Security taxes, Kennelly said. Workers only pay Social Security taxes on the first $106,800 of income, a limit that rises each year with the average national wage.

But the limit only increases if monthly benefits increase.

Critics argue that Social Security recipients shouldn’t get an increase when inflation is negative. They note that recipients got a big increase in January – after energy prices had started to fall. They also note that Social Security recipients received one-time $250 payments in the spring as part of the government’s economic stimulus package.

Consumer prices are down from 2008 levels, giving Social Security recipients more purchasing power, even if their benefits stay the same, said Andrew G. Biggs, a resident scholar at the American Enterprise Institute, a Washington think tank.

“Seniors may perceive that they are being hurt because there is no COLA, but they are in fact not getting hurt,” Biggs said. “Congress has to be able to tell people they are not getting everything they want.”

Social Security is also facing long-term financial problems. The retirement program is projected to start paying out more money than it receives in 2016. Without changes, the retirement fund will be depleted in 2037, according to the Social Security trustees’ annual report this year.

President Barack Obama has said he would like tackle Social Security next year, after Congress finishes work on health care, climate change and new financial regulations.

Lawmakers are preoccupied by health care, making it difficult to address other tough issues. Advocates for older people hope their efforts will get a boost in October, when the Social Security Administration officially announces that there will not be an increase in benefits next year.

“I think a lot of seniors do not know what’s coming down the pike, and I believe that when they hear that, they’re going to be upset,” said Sen. Bernie Sanders, an independent from Vermont who is working on a proposal for one-time payments for Social Security recipients.

“It is my view that seniors are going to need help this year, and it would not be acceptable for Congress to simply turn its back,” he said.

The Baltimore Sun reports that nearly 30 years after the Social Security Administration opened its $92 million Metro West complex on Baltimore’s west side, federal officials are planning to move 1,600 employees from there to an office building to be constructed near the Reisterstown Plaza Metro station in Northwest Baltimore.

The state Board of Public Works is scheduled to consider Aug. 26 a request from the Maryland Department of Transportation to transfer an 11.3-acre parcel at 6100 Wabash Ave. to the U.S. General Services Administration in preparation for the proposed development.

The GSA is seeking a private developer to construct a 538,000-square-foot office building and 1,076-space garage and lease it to the Social Security Administration.

According to state and federal officials, the building is needed by 2012 to accommodate 1,600 SSA employees who work in “functionally obsolete” space at the Metro West complex at 300 N. Greene St. About 400 more Metro West employees will be relocated to the Social Security Administration headquarters complex in Woodlawn, leaving none at Metro West.

The Reisterstown Plaza project will be one of the largest and most expensive federal office buildings to rise in Baltimore in years. The GSA has not disclosed a construction price, but using an industry standard of $200 per square foot, it would cost more than $100 million to build. It is expected to result in the creation of hundreds of construction jobs and to bring federal employees to a section of Baltimore that has been hard hit by the recession.

“This is not a stimulus project, but it will do exactly what stimulus money is meant to do,” said City Councilwoman Rochelle “Rikki” Spector, whose district includes 6100 Wabash Ave. “It is really an economic generator for the next 40 years.”

“Keeping these employees in Baltimore City will further strengthen our neighborhood as we continue to recover from this terrible economic recession,” said Rep. Elijah E. Cummings, a Maryland Democrat. “This is a huge victory for our community.”

It’s a “major construction investment in Baltimore,” said Laurie Feinberg, chief of comprehensive planning in Baltimore’s planning department.

The project will be the first phase of a larger “transit-oriented development” that is expected to bring housing, stores, office space and parking to land around the Reisterstown Plaza Metro station.

The state owns two dozen acres close to the station and plans next year to seek a developer interested in building a large mixed-use project next to the SSA facility, according to Christopher Patusky, director of the Office of Real Estate for Maryland’s Department of Transportation.

Gov. Martin O’Malley has made transit-oriented development a high priority for Maryland, and the SSA project puts Reisterstown Plaza in a position to become a model for other transit stops, Patusky said. “Locations around transit are becoming more and more desirable for everyone,” even government agencies, he said. “We anticipate that this will bring up [property] values all around the site. It’s a home run for the entire area.”

The Reisterstown Plaza site was selected over at least 24 others considered by the General Services Administration. Now used mostly for parking, it is bounded by Wabash Avenue, Mount Hope Drive, the Powder Mill Branch stream and the Seton Business Park. The Metro station borders the site’s northeastern portion.

The state intends to “transfer” the land to the GSA for $6 million, and the agency is expected to assign it to the developer it selects to build the Social Security Administration offices. According to regional public affairs officer Gina Blyther Gilliam, the General Services Administration expects a selection by next spring, and the developer will lease the building for 20 years to the SSA. Congress authorized federal funding for the project in 2006.

Metro West was hailed as a key to the revitalization of Baltimore’s west side when it opened in 1980. Federal employees were expected to help revive the area by shopping at Lexington Market and along Howard and Lexington streets.

According to public officials, the 15-story tower and two five-story wings no longer meet the needs of the Social Security Administration for a variety of reasons, including technological inadequacy and the security risk posed by a sky bridge over a major highway. According to Gilliam, the GSA’s goal is to “dispose of” the Metro West facility after the SSA moves out. One potential user is the University of Maryland, whose Baltimore campus is several blocks to the south.

A federal judge in San Francisco gave preliminary approval this August to a plan by the Social Security Administration to pay $500 million to settle a class action lawsuit brought on behalf of 80,000 recipients who lost their benefits, starting in 2007, after being classified as individuals using government benefits to flee arrest.

The Social Security Administration program was administered via a computer program that simply matched names of those named in arrest warrants to those receiving social security.  However, the majority of class members were not fleeing at all or never knew that criminal charges were pending against them, let alone that a warrant had been issued.

In addition to the 80,000 recipients who are due withheld Social Security benefits, another 120,000 individuals who were reportedly told between 2000 and 2006 that they weren’t eligible for benefits may now re-establish their eligibility.

Because of its size and cost, Medicaid has been called the “workhorse” of the U.S. health system. Now it’s front and center in the debate on overhauling the U.S health system and expanding coverage to the uninsured.

With 60 million enrollees, Medicaid dwarfs other insurance programs, including its cousin, Medicare, which covers 44 million elderly and disabled people.Medicaid is a joint federal-state program, with the federal government picking up about 57 percent of the overall Medicaid tab. But the federal contribution varies by state, ranging from 50 percent to 73 percent, with poorer states getting a bigger matching rate.

Medicaid isn’t a one-size-fits-all program; after meeting certain federal requirements, each state has the flexibility to shape coverage and benefits. As a result, the Medicaid program in Pennsylvania bears little resemblance to the one in Louisiana. For example, non-working parents in Pennsylvania qualify for Medicaid if their incomes are below twice the federal poverty level ($44,100 for a family of four). But in Louisiana, non-working parents qualify only if their incomes are below 11percent of the poverty level ($2,426 for a family of four). States frequently experiment with new concepts in benefit design, eligibility and delivery systems.

In general, Medicaid covers about 45 percent of poor Americans, defined as those with incomes below the federal poverty level (about $22,000 for a family of four). To be eligible for coverage, individuals must fall below certain income thresholds, which vary by state, and belong to certain categories, such as having dependent children, or being pregnant or disabled. In 20 states, a parent in a family of four who gets paid the federal minimum wage makes too much to qualify. Only 18 states cover adults without dependent children.

Medicaid benefits include mental health services, transportation-to-health services, and comprehensive screenings and treatment for children. In addition, Medicaid enrollees have much lower out-of-pocket costs than people with private coverage. There are typically no monthly premiums and no, or very low, co-payments

However, in many states, specialists and dentists don’t see Medicaid patients. Providers typically blame low reimbursement rates as the main reason for not accepting Medicaid patients. In Kentucky, Medicaid pays doctors $210for a colonoscopy; Medicare pays $333. Private insurers usually pay more. In Pennsylvania, Medicaid pays doctors $300 for an appendectomy, while Medicare pays $575.

About 76 percent of all enrollees are children and their parents. And 65 percent of people on Medicaid come from working families. About three quarters of Medicaid spending is for the elderly and disabled, even though the two groups make up only about one quarter of the program’s enrollees. Medicare provides little coverage for long-term care, so many elderly, after depleting their savings, rely on Medicaid to pay their costly nursing home bills.

Administrative costs of Medicaid are less than 7 percent, or half the rate that’s typically seen in the private sector. Medicaid holds down costs in part by paying providers lower fees and doing little marketing.

President Barack Obama signed the Convention on the Rights of Persons with Disabilities on the 19th anniversary of the Americans with Disabilities Act.

By signing the convention, the United States joins more than 100 countries in supporting the United Nations effort to remove barriers for the estimated 650 million people around the world with disabilities.

Specifically, the treaty seeks to expand community access and employment opportunities while improving the standard of living for people with disabilities.

The convention became available for countries to sign onto in 2007. Obama indicated his support for it while campaigning for president.

“This treaty is good for America, good for people with disabilities and good for the world,” says Marca Bristo, president of The United States International Council on Disabilities.  “By signing this treaty the U.S. is reaffirming its commitment to basic human rights of all people with disabilities and positioning us to better contribute our expertise on the global level.”

(Time Magazine) Social Security officials say they expect an even larger spike in new disability claims than before, as aging, injured baby boomers tumble out of the work force and need income.Officials estimate they’ll receive 3.3 million new disability claims over the next year, up from their previous estimate of 3 million projected just five months ago.

The wave of new applications comes just as officials were making progress in curbing a massive backlog of disability appeals cases, which has plagued the agency for years. Also adding to the problem are recent moves in at least 10 states to furlough hundreds of employees that process initial benefit claims.

Agency officials say the extraordinary increase is driven by the recession and an aging baby boomer work force reaching their most injury-prone years. Long waits for the agency to process claims and resolve appeals can leave some claimants struggling to make ends meet.

Since October, the number of people waiting to have a claim processed has jumped a stunning 30 percent, from about 556,000 eight months ago to more than 736,000 in July. “We’re going to be moving backwards this year, the question is how much,” Social Security Commissioner Michael Astrue said in an interview. “The trend line isn’t good.”

Social Security disability benefits are available to people who can no longer work due to injury or illness. The disability program has been the fastest rising part of Social Security, with spending on disability benefits growing at almost twice the rate of spending on retirement benefits.

Astrue said he is frustrated that some states coping with budget shortfalls have decided to furlough state employees that include workers who process claims. Although the workers are employed by the state, their salaries are paid by the federal government, so Astrue said the states save no money by requiring them to take unpaid furloughs. “At a time when the case load is surging like that, it just makes the task that much more difficult,” Astrue said.

The economic stimulus package gave the agency $500 million to help cut the appeals backlog. The agency is hiring hundreds more judges and staff to reduce the case load. The number of cases awaiting a hearing has gone down six months in a row.

Astrue had predicted earlier this year that the agency would cut the appeals backlog to normal levels by 2013 and says he remains confident of meeting that deadline. But the sharp rise in new claims may knock that schedule off track, especially if congressional funding doesn’t keep pace with the increase. “The tsunami hasn’t hit … yet, but it will unfortunately,” said Alan Cohen, senior budget adviser for the Senate Finance Committee, in remarks at a recent meeting of Social Security judges.

To be eligible for Social Security Disability benefits, a claimant must not be able to return to their past work, nor do any other work that exists in the national economy. A disability under Social Security must also last at least 12 months or be expected to result in death.

Submitting an application for Social Security Disability benefits is you saying that you are entitled to benefits under the above definition – in other words, that you are not able to work. In signing your application, you swear, under penalty of law, that you are making no false statements on your application.

If you apply for unemployment insurance you must also swear, under penalty of law, that you are making no false statements on your application.  Persons who collect unemployment insurance swear that they have looked for work each week, and that, if work was found, they would be ready, willing and able to do it.

Therefore, an unemployment claim is tantamount to saying “I am able to work,” while an Social Security disability claim is stating “I am not able to work.”  Both statements are made under penalty of perjury, but both cannot be true.

Filing both at the same time is, at the most fraudulent and in the least may affect your credibility to both Unemployment and Social Security.

Hospitals often give patients a health care power of attorney (health care proxy) form to sign on being admitted.   While signing a generic health care power of attorney form is better than not signing one at all, these documents vary in the amount of care that has gone into their drafting, and having one that is specifically tailored to your needs can be important. 

A health care power of attorney allows you to appoint someone else to act as your agent for medical decisions. In general, a health care power of attorney takes effect only when you require medical treatment and a physician determines that you are unable to communicate your wishes concerning what that treatment should be.   Appointing someone to serve as your agent helps ensure that your medical treatment instructions will be carried out.

While a health care power of attorney serves to appoint an agent to speak for you, you can also use it to give the agent guidance about your medical wishes.  Following are some issues that can be addressed in a health care proxy:

•The name of the person authorized to act for you. It is good to appoint an alternate as well.
•Whether or not you want to be kept alive by machines if you are in a persistent vegetative state.
•Under what circumstances you want pain medication to be administered.

Whatever choices you make, you should take time to consider your health care wishes before signing a health care power of attorney.  For this reason, signing a generic hospital form may not a good idea, as many of these forms will not take your individual wishes into account.

Also bear in mind that if you already have a health care power of attorney as a part of your estate plan, the generic form will revoke your more personal health care power of attorney.

A qualified attorney, such as Sheri Abrams, can help you create a health care power of attorney that addresses your particular situation. You can then take this document with you to the hospital and have it made part of your medical records.

On June 22, 2009 the U.S. Department of Housing and Urban Development joined President Obama’s commemoration of the tenth anniversary of the Supreme Court’s Olmstead decision by announcing that it will offer rental assistance to 4,000 non-elderly families with disabilities, including 1,000 vouchers specifically targeted to those transitioning out of nursing homes and other care facilities.

Through its funding notice, HUD is seeking comment from public housing authorities and others to ensure this critically needed assistance is distributed and administered in the most effective manner possible.

The announcement coincides with the tenth anniversary of the Supreme Court’s ruling in Olmstead v. L.C. & E.W. which affirmed the rights of individuals with disabilities to live independently. To commemorate this landmark decision, President Obama declared 2009 the Year of Community Living.

“As individuals with disabilities leave institutional care, it is essential that they have housing options that will allow them to live independently,” said HUD Secretary Shaun Donovan. “As we prepare to launch this initiative, we also want to make certain that we get input from local housing experts, disability rights advocates and others who can help us target this assistance to those who need it most. We also recognize how important it is for HUD and HHS to coordinate our resources to enable community-living for those individuals that live with disabilities.”

HUD’s Notice of Funding Availability (NOFA) will make $30 million in voucher assistance available to support approximately 4,000 Housing Choice Vouchers for non-elderly disabled families. HUD is making a 1,000 of those vouchers available specifically for individuals transitioning out of nursing homes and other institutions. These vouchers directly support a $1.75 billion initiative of the U.S. Department of Health and Human Services (HHS) to help persons who reside in health care settings move to community-based living. While HHS’ Money Follows the Person (MFP) program offers health care, case management and other services to qualified families, it does not include funding for housing. HUD’s funding initiative is designed to fill that gap.

The remaining 3,000 Housing Choice Vouchers are available to assist any non-elderly disabled family. The Department is encouraging local housing authorities to give strong consideration to using some or all of these vouchers to provide housing for those non-elderly persons that are living in the community, but are at-risk for institutionalization.

Adults covered by Medicare who have limited income and resources may be eligible for extra help – available through Social Security – to pay part of their monthly premiums, annual deductibles, and prescription co-payments.  The extra help is worth an average of $3,900 per year.

To figure out whether a Medicare recipient is eligible, Social Security needs to know the individual’s income and the value of her/his savings, investments, and real estate (other than the home lived in).   To qualify for the extra help, the individual must be receiving Medicare and also have income limited to $16,245 for an individual or $21,855 for spouses living together.  Even if the annual income is higher, one still may be able to get some help with monthly premiums, annual deductibles and prescription co-payments. Some examples where income may be higher include if either spouse:

** Supports other family members who live with them;
** Have earnings from work; or
** Live in Alaska or Hawaii; and
** Resources limited to $12,510 for an individual or $25,010 for a married couple living together (i.e. resources include such things as bank accounts, stocks and bonds. Social Security does not count a house
or car as resources).

Social Security has an online application. You can find it at www.socialsecurity.gov/prescriptionhelp. To apply by phone or have an application mailed to you, call Social Security at 1-800-772-1213 (TTY 1-800-325-0778) and ask for the Application for Help with Medicare Prescription Drug Plan Costs (SSA-1020).  Or go to your local Social Security office.