The government is mailing $250 checks this week to seniors and the disabled who fall into the gap in Medicare’s prescription drug coverage. The first checks will be sent June 10, three weeks earlier than scheduled, to about 80,000 people. The rebates are the first step in closing the Medicare “donut hole.” The Department of Health and Human Services estimates that about 4 million seniors will get the rebates in 2010. These payments are part of the new health care reform law.

Seniors and the disabled on Medicare get stuck in the donut hole if their prescription drugs cost too much to be paid for through basic Medicare coverage, but aren’t expensive enough to qualify for catastrophic coverage.

The Social Security Administration (SSA) will send checks to anyone who is eligible for Social Security Disability benefits or Social Security Retirement Benefits and is living abroad. However, there are a few countries where the SSA is not allowed to send checks. If a person eligible for benefits moves to Cuba or North Korea they cannot receive any checks while they are in either country, but they can get any withheld checks if they go to a country where paychecks can be sent.

In addition, the SSA generally does not send Social Security checks to Cambodia, Vietnam, or areas that were in the former Soviet Union (other than Armenia, Estonia, Latvia, Lithuania, and Russia), but those eligible for benefits may be able to apply for an exception. In such cases, those eligible for benefits may have to agree to certain conditions, such as appearing in person at the U.S. embassy each month, to receive benefits.

The rules for receiving Social Security disability or retirement overseas do not apply to Supplemental Security Income (SSI) benefits. Most recipients of SSI are not entitled to benefits outside the United States. SSI benefits will stop if a recipient is outside the United States for more than 30 days, and benefits won’t start up again until the recipient is back in the country for at least 30 days. However, there are exceptions for dependent children of military personnel and students studying abroad.

Determining whether drug or alcohol abuse will affect a claimant’s eligibility for Social Security Disability benefits depends on materiality. If drug or alcohol abuse is found to be material to your disability you will not be able to win a case for Social Security Disability benefits. For example, if you were to apply for Social Security Disability benefits based on liver dysfunction and hepatitis, but you also have a history of alcohol abuse, some of it recent. If your liver damage is so pronounced that ceasing alcohol use completely would make no difference to your medical condition, then your alcohol abuse would be immaterial to your condition and you would probably win your case for Social Security Disability benefits. Conversely, if ceasing alcohol use would result in medical improvement, then it is material to your disability and your claim for Social Security Disability would likely be denied. Simply put, Social Security will not pay Social Security Disability benefits to claimants whose disabling conditions are exacerbated by drug and alcohol abuse.

Claimants who have a history of drug or alcohol abuse but are currently not using these substances should carefully review their medical records. Doctors will often indicate “possible use” in their treatment notes. Such indications, proven or not, can have a damaging effect on your Social Security Disability case. Claimants who suffer from a mental disability should especially be careful, as mental disability cases are more likely to be denied when substance abuse is involved.

While each case is unique, it is true an applicant has a better chance of obtaining Social Security Disability benefits if they are sober and remain sober.

The DC Metro is planning to scale back its MetroAccess service for elderly and disabled people as increasing ridership creates an unsustainable financial burden, Metro officials and board members said. With Metro facing a $189 million gap in its $1.4 billion operating budget this fiscal year, as well as $11 billion in projected capital needs in the coming decade, top Metro officials say the agency cannot afford the mounting costs of paratransit.

MetroAccess is Metro’s shared-ride transit service for people who cannot use standard rail or bus service because of age or disability. Transit agencies across the country have reduced such services, said Metro interim general manager Richard Sarles, noting that MetroAccess faces higher demand partly because similar regional services have been cut back.

Source: Washington Post (May 25, 2010)

The U.S. Department of Justice, Civil Rights Division has just published “Access To Medical Care For Individuals With Mobility Disabilities.” This documents discusses the legal obligations of health care providers to persons with mobility limitations under the Americans with Disabilities Act (ADA).

To review this document please click here.

On Virginia Beach, a new park called Grommet Island Park is being created to allow the disabled, adults, children, and the elderly to be able to play together. It allows for people in wheelchairs and nearly any disability to enjoy a day on the beach. The park contains waves and sand tables, a rock wall, slides, a sensory wall for young or old people with autism, and much more. Grommet Island Park is the first ever fully handicapped accessible park built on a beach.

Bruce Thompson was the mastermind behind the idea. His inspiration came from his son, Josh Thompson, a surfer who was diagnosed with Lou Gehrig’s Disease in 2006. After taking Josh’s two sons to the beach and realizing how difficult, if not impossible it was for someone in Josh’s condition or any other disability to enjoy the beach, he decided to make a difference. So he began the plans for the beach front park with over $2 million dollars in donations for the project, half of which will be donated to ALS research.

The “Grommet” in Grommet Island Park is a slang term for surfer.

The park is scheduled to have its grand opening on May 28, 2010.

The Center for Disease Control Estimates that 3.9 million (1.8%) Americans are infected with the Hepatitis C virus (HCV), and of those infected, 2.7 million are chronically infected. Hepatitis C is a blood borne illness that causes liver disease and causes a host of symptoms that can prevent someone from working. Common symptoms of the Hepatitis C virus (HVC) include jaundice, dark urine, abdominal pain, loss of appetite, nausea, and fatigue.

The two approved drugs for treating Hepatitis C are interferon and ribavirin. The current treatment of choice for Hepatitis C is a combination therapy using pegylated interferon and ribavirin. This combination therapy can eliminate the Hepatitis C virus (HVC) in 50% and 80% of patients. However, side effects can be debilitating and include fatigue, arthritis and joint pain, vision problems, and cognitive problems.

The Social Security Administration (SSA) lists Hepatitis C under Digestive System – Chronic Liver Disease, on the list of impairments eligible for Social Security Disability benefits. In addition Social Security must consider the effects of medications used to treat Hepatitis C when making a determination as to Social Security Disability benefits. However, just being diagnosed with Hepatitis C or suffering from side effects from medication does not automatically qualify an infected person for Social Security Disability benefits.

Virginia Attorney Sheri Abrams, of the law firm of Needham Mitnick & Pollack PLC, has effectively assisted numerous clients in pursuing successful Social Security Disability claims related to Hepatitis C.

If you or someone you know suffers from liver disease brought on by Hepatitis C and you cannot work, please contact Attorney Sheri Abrams. She can be reached by phone at (703) 536-7778.

Attorney Sheri Abrams is honored to have received accreditation by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans before the VA.

Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose in requiring attorney accreditation is to ensure that claimants for VA benefits receive “qualified assistance in preparing and presenting their claims.”

To receive accreditation, federal law requires an attorney to complete continuing legal education covering, at a minimum, the following topics: VA representation, disability compensation, dependency and indemnity compensation and pension benefits, claim procedures, eligibility requirements, and appeal rights. An attorney must also establish that he or she is of good character and reputation.

The privilege of accreditation carries with it the responsibility to maintain specified standards of conduct and comply with the laws that govern VA representations, as set forth in the United States Code and the Code of Federal Regulations.

According to federal law, attorneys who do not receive VA accreditation are prohibited from assisting claimants in the preparation, presentation and prosecution of VA claims, regardless of whether or not the attorney charges legal fees for those services. Unaccredited attorneys may only provide limited services to veterans, such as providing general information about VA benefits, and may not assist veterans in the preparation, presentation, and prosecution of their claims.

The VA accreditation system is designed to ensure that lawyers who represent VA claimants have a thorough understanding of the VA health and benefit systems, so that they may provide quality assistance in the preparation, presentation and prosecution of those claims.

This accreditation allows Ms. Abrams to provide veterans and their families with advice on complex areas of law concerning long-term care planning, including VA pension benefits and the related issue of Medicaid benefits.

Ms. Abrams is proud to join fellow Needham Mitnick & Pollack Attorney Edward Zetlin in being one of the few attorneys in Virginia accredited by the Department of Veteran Affairs to assist veterans who have served our country obtain the benefits they deserve.

I have received a question regarding whether or not a person is entitled to retirement benefits on their ex-spouse’s Social Security record. The law on this is as follows:

An unmarried divorced spouse is entitled to benefits starting at age 62 if they had been married for at least 10 years and there ex- husband or ex wife is at least 62 years old (retired and receiving benefits or not) or are receiving Social Security Disability benefits.

A divorced spouse cannot receive this benefit if they have remarried unless the marriage is to a person already receiving benefits as a widow, widower, parent, or disabled adult child.

If the ex-spouse is 62 but not retired, then the divorce must have occurred at least two years before the divorced spouse can receive the benefits. If the divorced spouse was entitled before the divorce to benefits, there is no waiting period.

As for the amount of benefits that can be received:

A divorced spouse at full retirement age is entitled to 50% of their ex-spouse’s retirement benefit.

At age 62 the divorced spouse is entitled to between 32 1/2 % and 35 5/6 % of their ex-spouse’s retirement benefit depending on the divorced spouse’s full retirement age.

If the divorced spouse is also insured for their own retirement benefit, she/he would only receive whatever amount from their ex-spouse that is necessary to make up the difference.

The Congressional Budget Office determined it will pay out more in Social Security benefits in 2010 than it will receive in taxes. Social Security benefits are paid to senior citizens that are retired and those with disabilities funded by a federal deducted tax from payroll. This has never happened before, and was predicted to not happen until 2016. The Social Security administration blames the current recession as the main cause for this deficit taking place. More than 15 million Americans are out of jobs. With less people working, there are less paychecks being taxed, and therefore, less revenue for the Social Security Administration. However, the administration says this will not affect benefits for 2010.

Since the 1980s, analysts have been trying to predict when the social security system would go into deficit. Most predicted it would take place somewhere between 2016 and 2020. Now we know it is happening now.

My friend Chai Feldblum, a former Georgetown University law professor, was sworn in April 7, 2010 as a Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Jacqueline A. Berrien, who became Chair of the EEOC earlier that morning, administered the oath of office.

Feldblum was nominated for the position of Commissioner of the EEOC on Sept. 15, 2009. She received a recess appointment on March 27, 2010, and will serve until the end of the Congressional session in 2011 absent confirmation by the Senate.

Feldblum has been a professor of law at Georgetown University Law Center since 1991, where she founded the Federal Legislation and Administrative Clinic, a program designed to train students to become legislative lawyers. As director of the clinic, she has worked with organizations such as Catholic Charities U.S.A., the David L. Bazelon Center for Mental Health Law, and the Epilepsy Foundation. Additionally, she was the Co-Director of Workplace Flexibility 2010, which advocates for flexible work arrangements, time off, and career flexibility in a manner that works for employees and employers.

Before becoming a law professor, Feldblum played a leading role in drafting the ground-breaking Americans with Disabilities Act of 1990 while serving as Legislative Counsel to the AIDS Project of the American Civil Liberties Union. Later, as a law professor, she was equally instrumental in helping with the passage of the ADA Amendments Act of 2008.

A graduate of Barnard College, Feldblum received her J.D. degree from Harvard Law School. After law school, she clerked for Judge Frank Coffin of the U.S. Court of Appeals for the First Circuit and then for Supreme Court Justice Harry A. Blackmun.

“I do not think it is possible to grow up as the daughter of a Holocaust survivor and not be committed to principles of pluralism and tolerance,” Feldblum said. “My entire professional life has been focused on civil rights and social welfare rights. In my legal work and in my scholarship, I have sought to advance the civil rights of all Americans, no matter their race, creed, gender, sexual orientation or gender identity. I look forward to continuing that important work as a Commissioner of the EEOC.”

Feldblum and Berrien join Commissioners Stuart J. Ishimaru and Constance S. Barker. With the addition of nominee Victoria Lipnic, who was also given a recess appointment and will be sworn in later in April, the EEOC returns to its full complement of five Commissioners. General Counsel nominee P. David Lopez, who was given a recess appointment, will be sworn in to his post tomorrow.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Social Security has unveiled its newest online service – an application for Medicare benefits.

This new online application, which takes less than 10 minutes to complete, is for people reaching the Medicare eligibility age of 65 who want to delay filing for Social Security retirement benefits.

Currently about a half million Americans enroll in Medicare each year without applying for monthly benefits.

“Social Security’s online services are the best in all of government and exceed the top private sector companies in customer satisfaction,” said Michael J. Astrue, commissioner of Social Security.

“The new Medicare application is a welcome addition to our suite of online services and will make it easier than ever to sign up for Medicare.”

To apply online for Medicare, go to www.socialsecurity.gov and choose Retirement/Medicare under the header, “Click Below To Apply For.”

You will be asked a brief series of questions. If you have a question or need additional information, there are convenient “more info” links. When you’re done, just click the “Sign Now” button to submit the application. There are no paper forms to sign, and usually no additional documents are required.

If more information is needed, Social Security will contact you by phone or letter.

For a variety of reasons, more and more Americans are choosing to delay receiving Social Security retirement benefits past the Medicare eligibility age of 65.

Although the age to collect full retirement benefits used to be age 65, it is now age 66 for individuals just becoming eligible for retirement benefits and will eventually become age 67. Benefits can be increased by up to 32 percent if someone delays receiving them until age 70.

Yes! If you want to apply for Social Security Disability Benefits, the easiest way to do so is online. Save yourself the time and gas money driving to and from your local social security office. Applying for your Social Security Disability benefits online can take a little as 15 minutes, as opposed to the possible hours of being at an actual office, as social security offices are often very busybusy. Plus, some social security offices require an appointment to be made, and online there is no such delay.

If you are not sure whether or not you are ready to apply, please call my law firm, Needham Mitnick & Pollack, PLC for a free evaluation of your case.

Michael J. Astrue, Commissioner of Social Security, just announced that the agency’s first Extended Service Team (EST) is open for business in Little Rock, Arkansas. The Little Rock EST will make disability decisions for state Disability Determinations Services (DDSs) that are most adversely affected by the flood of new initial disability claims resulting from the economic downturn and from counterproductive furloughs of employees at the state level.

Later this year, Social Security will open additional ESTs in Madison, Mississippi; Roanoke, Virginia; and Oklahoma City, Oklahoma. The ESTs are in states that have a history of high quality and productivity, as well as the capacity to hire and train significant numbers of additional employees.

“The strategy behind ESTs builds on our success with National Hearing Centers, where cases are handled electronically from all over the country,” Commissioner Astrue said. “These centralized units have reduced the hearings backlog and improved processing times at some of the hardest-hit hearing offices. This approach clearly works and extending it in this way can help us meet the challenge of unprecedented growth in our disability workloads.”

Social Security expects to receive more than 3.3 million applications for disability benefits this fiscal year about 700,000 more than in Fiscal year 2008. In addition, more than a dozen states are furloughing federally-funded state workers who make disability decisions for Social Security. The combination of increased workloads and state furloughs has resulted in a growing backlog of initial disability applications in state DDSs.

“More Americans than ever are turning to us for help,” said Commissioner Astrue. “The opening of the Arkansas EST and our other planned expansions in Mississippi, Virginia, and Oklahoma will significantly benefit disabled workers and their families as well as create new job opportunities to these states during difficult economic times.”

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.

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.