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.

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.

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.

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.

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.”

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.”

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.

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.

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.

(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.

By June 4, 2009 more than 52 million stimulus payments of $250 each should have been received by eligible Social Security and Supplement Security Income (SSI) recipients.

If you feel you should have received a payment, and did not, call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security office.

Not everyone receiving Social Security and SSI payments is entitled to the stimulus payment. The following is a list of individuals not entitled to this payment:

Anyone living outside of the United States or its territories;

Individuals who are no longer lawfully present in the United States;

Individuals whose benefits have been suspended under the law for giving false or misleading statements;

Social Security beneficiaries who are minor children (disabled adult children receiving Social Security or children receiving SSI payments will receive the one-time payment);

SSI beneficiaries who receive benefits at a reduced rate of $30 because they live in a medical treatment facility (such as a nursing home or hospital) and Medicaid pays over 50 percent of the cost of their care;

Individuals only entitled to Medicare and not to Social Security or SSI benefits; and

Prisoners, fugitive felons, and probation and parole violators.

Although the typical Social Security Disability Insurance (SSDI) recipient has worked for a fairly long time before the onset of his/her disabling condition, an adult who became disabled before turning 22 can also qualify for SSDI if she/he has a parent who meets certain qualifications.

SSDI is a federal program primarily designed to aid people who have become disabled after having worked for a certain amount of time. Unlike Supplemental Security Income (SSI), SSDI is not a needs-based program, which means that there are no income and asset restrictions. Instead, a beneficiary typically has to have paid into the Social Security system for at least 10 years prior to his disability. An SSDI benefit depends on the beneficiary’s income before he/she became disabled, the size of his/her family, and the amount he/she paid into the Social Security system. Finally, SSDI recipients can receive Medicare two years after qualifying for SSDI.

Most people who have a serious disability before turning 22 are not able to assemble the necessary work record to qualify for SSDI on their own. But people in this situation may instead be able to qualify for SSDI on their parents’ work record, in certain situations.

First, the “adult disabled child” (the Social Security Administration’s (SSA) term for a person with a disability that manifested itself before age 22) must be completely disabled according to the SSA’s adult disability standards. Second, the disability must have occurred before the potential beneficiary turned 22. Third, the potential beneficiary’s parent must have paid into the Social Security system for the required number of quarters. Finally, and most importantly, the potential beneficiary’s parent must be either dead, permanently disabled, or receiving Social Security retirement benefits.

If an adult disabled child and her parent meets all of these qualifications, then the “child” should be able to receive a substantial benefit, often greater than an SSI award. On top of the monetary gain, the child does not have to worry about her/his own unearned income or assets, since SSDI does not take these into account. However, if a child earns enough income through employment, the SSA may determine that she is no longer disabled and cancel her SSDI benefits. The parent’s own retirement benefits are not affected by their child’s receipt of SSDI, and the child can still qualify for SSI benefits if her SSDI payments, which count as unearned income for SSI purposes, do not disqualify her/him.

Parents who have not begun to receive their own Social Security income but who think that their child may qualify for SSDI in the future may want to have their child screened by the Social Security system for his disability before he reaches age 22. If this is not possible, it pays to have the child’s physician clearly document all of the information surrounding the child’s disability from as early an age as possible. This way, when the parent does retire, the child has a long record showing the presence of the disabling condition before he/she turned 22, making the SSDI application easier.

Attorney Sheri Abrams can explain the rules for applying for SSDI and can give your family guidance if you think your child may qualify in the future.

For the first time in more than three decades, recipients of Social Security benefits (including Social Security Disability benefits) will not get any increase in their benefits next year, federal forecasts show.

Michael J. Astrue, the Commissioner of Social Security, says benefits for tens of thousands of people with disabilities are being delayed by furloughs and layoffs of state employees around the country.  State officials have announced furloughs, layoffs and hiring freezes to help balance budgets battered by the recession.

Claims are evaluated by state employees, but the federal government reimburses states for the salaries of those employees and pays the full cost of benefits for people found to be disabled.

“We pay the full freight,” Mr. Astrue said. “States do not save any money when they furlough or lay off these employees. They only delay payments to disabled citizens who rely on the monthly benefits.”

The cutbacks come as disability claims are rising because of high unemployment, the weak economy and the aging of the baby boom generation.

The Social Security Administration expects nearly 3 million new disability claims this year, up from 2.6 million in 2008. Each month the agency pays $12 billion in disability benefits to more than 13 million people.

The Social Security system is so clogged with disputed disability claims that some people wait years for hearings.  The stimulus bill signed by President Obama in February provided $500 million to “reduce the backlog of disability claims.”

But the impact of such spending could be offset by state cutbacks.  In a report last month, Patrick P. O’Carroll Jr., the inspector general of the Social Security Administration, said that at least five states accounting for 15 percent of all disability cases – California, Connecticut, Maryland, Massachusetts and Oregon – had decided to furlough some disability workers, freeze hiring or impose other restrictions. Social Security officials said about 10 other states were taking or considering similar actions.

The agency said it was looking for ways to avoid the delays. The federal government could, for example, take over work performed by the states, but such a change could probably not be made without action by Congress.

As part of the American Recovery and Reinvestment Act (aka the stimulus bill), Congress has authorized one-time $250 payments to most Social Security, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries. Checks to those who were eligible for benefits under the programs during November or December 2008 or January 2009 will begin hitting the mail in early May and continue through the month.

According to the Social Security Administration (SSA), the payments will be distributed to beneficiaries in the same manner that they currently receive their benefit (either by check, debit card, or direct deposit) but the payments will not be included in the same transaction as a beneficiary’s regular monthly payment. This means that beneficiaries should be on the lookout for two separate payments during May.

People with special needs who receive both SSDI and SSI benefits will receive only one $250 payment, and SSDI beneficiaries under age 18 (or 19 if they are still in school) will not receive any payments at all. However, anyone receiving a payment does not have to worry about the additional income affecting his government benefits — the stimulus payments do not count as “income” for either program, and will not count as an available resource for nine months following receipt of the funds.

With the current recession affecting nearly everyone in one way or another, most people would jump at the chance to earn additional income or to receive a large cash gift from a friend or relative. But for Supplemental Security Income (SSI) beneficiaries, extra income sometimes causes more problems than it’s worth. That’s because SSI recipients must follow very strict rules regarding how much income they can receive in any given month. If a beneficiary’s income goes over his allotted SSI award, he could lose not only his SSI eligibility, but also the all-important Medicaid assistance that often comes with it.

The Social Security Administration (SSA), the agency responsible for administering the SSI program, has a unique definition of income: “any item an individual receives in cash or in-kind that can be used to meet his or her need for food or shelter.” This means that a beneficiary’s wages are income (luckily, the SSA only counts $0.50 of each $1.00 of wages as income), as are any cash payments, or cash equivalent items like gift cards, that are given directly to a beneficiary by anyone or anything, including a trust. While a beneficiary is on SSI, her monthly income must be lower than the amount she receives as an SSI benefit. If the beneficiary’s income goes over this limit, even by one dollar, she loses SSI, at least temporarily.

Family members who have not consulted with an Attorney like Sheri Abrams generally learn about these restrictions the hard way. One of the most common scenarios involves a well-intentioned friend or relative giving a person with special needs a large cash gift, typically on a holiday or birthday, that cancels out the beneficiary’s SSI award. Fortunately, the SSA has a specific rule, called the “Infrequent or Irregular Income Exclusion,” that allows for small gifts to SSI beneficiaries.

Here’s how this rule works: During each quarter of the year, the SSA does not count the first $60 of a beneficiary’s infrequent or irregular unearned income, or the first $30 of a beneficiary’s earned income against his SSI award. The SSA defines infrequent income as any payment received from a single source that a beneficiary did not receive in the month before the payment and will not receive in the month after the payment. For example, if a beneficiary gets $30 in July for helping to paint a house, but does not do the work in June or August, the $30 counts as infrequent earned income. Irregular income is any income a beneficiary cannot reasonably expect to receive. In this case, if a friend of the beneficiary gives him $50 “just because,” that $50 counts as irregular income.

In both the house painting example and the gift giving example, SSI would not count the payments as income because the payments fall under the Infrequent or Irregular Income Exclusion. However, if the beneficiary does not spend the funds during the month in which they are received, any remaining money counts as an available resource in the following month, creating a separate problem for the beneficiary, who must keep assets under $2,000 in order to qualify for SSI.

Clearly, $60 each quarter is not a lot of money. But for SSI recipients, who have to deal with many different financial requirements, every little bit helps. Of course, there are other, much less restrictive ways to help an SSI recipient with his daily needs, often through the use of a special needs trust. Attorney Sheri Abrams can help you navigate the tricky world of SSI rules and propose solutions that can make an SSI beneficiary’s life much easier.

As part of the American Recovery and Reinvestment Act (“the stimulus bill”), Congress has authorized one-time $250 payments to most Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries.  Beneficiaries of either program who were eligible for benefits during November or December 2008 or January 2009 will probably receive the additional payment in May.

People with special needs who receive both SSDI and SSI benefits will receive only one $250 payment, and SSDI beneficiaries under age 18 (or 19 if they are still in school) will not receive any payments at all. However, anyone receiving a payment does not have to worry about the additional income affecting his/her government benefits — the stimulus payments do not count as “income,” for either program and will not count as an available resource for nine months following receipt of the funds.

If you or a loved one has a visual impairment and receives some form of Social Security benefit (which includes SSDI and SSI), or if you have a visual impairment and serve as a representative payee for someone who receives a Social Security benefit, a pending class action lawsuit filed in San Francisco may affect you.

The lawsuit, authorized by the federal court in September, alleges that the Social Security Administration (SSA) violates the rights of people with visual impairments by sending official communications in formats that they cannot read. Over the years, many people with visual impairments have complained that they miss out on important information about their benefits because they are unable to read the typical Social Security notices.

The lawsuit claims that a federal law, called the Rehabilitation Act, requires the SSA to provide notices in alternate formats to people with visual impairments. Several proposals are included in the lawsuit, including sending notices in Braille, by e-mail, or on audio tape. The case is scheduled to go to trial in the spring.

If you are interested in learning more about the case, and how it may affect you or your patients/clients please contact our office.

Social Security Announces Nationwide Launch of Compassionate Allowances

Process Will Fast Track Applications For People with Cancers and Rare Diseases

Michael J. Astrue, Commissioner of Social Security, on October 27, 2008 announced the national rollout of the agency’s Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security’s standards.

Getting benefits quickly to people with the most severe medical conditions is both the right and the compassionate thing to do, Commissioner Astrue said.  This initiative will allow us to make decisions on these cases in a matter of days, rather than months or years.

Social Security is launching this expedited decision process with a total of 50 conditions. Over time, more diseases and conditions will be added. A list of the first 50 impairments — 25 rare diseases and 25 cancers — can be found at www.socialsecurity.gov/compassionateallowances.

Before announcing this initiative, Social Security held public hearings to receive information from experts on rare diseases and cancers. The agency also enlisted the assistance of the National Institutes of Health.

Compassionate Allowances is the second piece of the agency’s two-track, fast-track system for certain disability claims. When combined with the agency’s Quick Disability Determination process, and once fully implemented, this two-track system could result in six to nine percent of disability claims, the cases for as much as a quarter million people, being decided in an average of six to eight days.

“This is an outstanding achievement for the Social Security Administration,” said Peter Saltonstall, President of the National Organization for Rare Disorders. “It has taken Social Security less than a year to develop this much-needed program that will benefit those whose claims merit expedited consideration based on the nature of their disease. Disability backlogs cause a hardship for patients and their families. Commissioner Astrue and his staff deserve our thanks for a job well done.

Unfortunately, many hardworking people with cancer may not only face intensive treatment to save their lives, but they may also find themselves truly unable to perform their daily work-related activities and as result, may face serious financial concerns, such as the loss of income and the cost of treatment, said Daniel E. Smith, president of the American Cancer Society Cancer Action Network.  The Social Security Administration’s Compassionate Allowances program will help streamline the disability benefits application process so that benefits are quickly provided to those who need them most.

This is America, and it simply is not acceptable for people to wait years for a final decision on a disability claim, Commissioner Astrue said.  I am committed to a process that is as fair and speedy as possible. The launch of Compassionate Allowances is another step to ensuring Americans with disabilities, especially those with certain cancers and rare diseases, get the benefits they need quickly.

If you don’t have a bank account, your days of dealing with paper checks from Social Security may be over.

Social Security recipients can now get monthly payments on a prepaid debit card. The Direct Express Debit MasterCard is being rolled out in 10 states by the Treasury Department and Dallas-based Comerica Bank. It’s an alternative to paper checks and direct deposit. But as with every financial product, there is some fine print. Here’s what you need to know about the Social Security prepaid debit card.

The card is aimed at people without bank accounts. About 4 million Americans receiving Social Security benefits do not have bank accounts and must receive paper checks, which are vulnerable to financial crimes like check fraud and more minor problems such as delivery delay. There’s also the issue of where to cash them. “They have to use check-cashing services,” says Bill Hardekopf, CEO of the credit card comparison website LowCards.com, about people without bank accounts. Check-cashing services can average $40 per check, according to the Brookings Institution.

The southern states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas will receive information about the debit card first because they have more low-income Americans without bank accounts than other areas of the country and are the most likely to be hit by nasty weather like hurricanes that can delay checks, according to Judith Tillman, the Treasury Department’s Financial Management Service commissioner.

There are no sign-up fees, monthly fees, or overdraft fees, which plague the users of many other prepaid cards. And no credit check is required to enroll. “With this particular card, the fees aren’t as high as many of the other prepaid cards,” says Michelle Jun, a staff attorney for nonprofit Consumers Union. You can get access to the cash loaded on your card from a bank or credit union teller or as cash back with purchases at retailers. You can also set up free “low balance” alerts when the account balance falls below a certain level and notification of deposits by phone, e-mail, or text message.

Debit card users can withdraw cash from Direct Express network ATMs free once a month. Additional cash withdrawals at network ATMs, which include Comerica Bank, Charter One, Privileged Status, Alliance One, PNC Bank, MasterCard ATM Alliance, and MoneyPass, are 90 cents each. If you use a nonnetwork ATM, you will be charged two fees: the Comerica 90-cent fee and a surcharge by the nonnetwork ATM, which can be as much as $3. To find a network ATM, you can use an ATM locator feature at USDirectExpress.com or call (800) 741-1115. Unused ATM withdrawals can be carried over from one month to the next.

If you’re going to be traveling abroad, you may want to leave your Social Security debit card at home. Comerica charges $3 and 3 percent of the amount withdrawn to use ATMs outside the United States in addition to a possible surcharge for using a nonnetwork ATM. For debit purchases in foreign countries, you’ll also be charged 3 percent of the price.

A paper statement mailed to you costs 75 cents per month. This fee is easily avoided by checking your account balance online and printing it out. But try not to pay any bills while you are logged in to Comerica’s website, or it will cost you 50 cents per bill. Instead pay bills online at the merchant or utility’s website if it accepts MasterCard. And hold on to your card. After one free replacement each year, it will cost you $4 per card?and an extra $13.50 if you need to have it delivered overnight.

If your card is lost or stolen, the amount of money you could lose depends on how quickly you notify Comerica. If you call within two business days, you may lose up to $50, but if you wait longer, you could lose up to $500. For fraudulent transactions, you need to let Comerica know within 90 days to limit your loss to $500, or you could be stuck paying an even larger amount. (For most other debit cards, you have only 60 days. The Department of the Treasury negotiated an extra 30 days of protection for the Direct Express card.) MasterCard says you will not be held liable for an unauthorized use of your card involving a signature-based transaction where your pin number was not entered.

If you already have a bank account, you can avoid many of these fees by signing up for direct deposit and using your own debit card. With your own bank account, you can get unlimited and free in-network ATM withdrawals from a financial institution near your home and accrue interest on your Social Security dollars until you spend them. (Balances on a prepaid debit card garner no interest.)

Social Security benefits for 50 million people will go up 5.8% next year, the largest increase in more than a quarter century. The increase, which will start in January, was announced October 16, 2008 by the Social Security Administration.

It’s the largest increase since a 7.4% jump in 1982 and is more than double the 2.3% rise that people getting Social Security got in their monthly checks this year.

The 5.8% rise in the cost of living adjustment is a sharp departure from recent years. The COLA increases have been below 3 percent for all but three of the past 15 years.

The biggest cost of living benefit on record was a 14.3% increase in 1980. Social Security benefits have been adjusted every year since 1975.

In more good news, the cost of living increase will not be eaten up by higher monthly premiums for the part of Medicare that pays for physician services. Because of gains in the Medicare Part B trust fund, that premium will hold steady at $96.40 a month, although higher-income people including couples making more than $170,000 annually will see their premiums increase.

The average retired couple, both getting Social Security benefits, will see their monthly check go up by $103 a month to $1,876.

The standard Supplemental Security Income payment for a couple will go from $956 per month to $1,011. The SSI payment for an individual will go from $637 per month to $674 per month.

The average monthly check for a disabled worker will go from $1,006 to $1,064.

The Social Security Administration’s Inspector General concludes in a recent report that many banks are violating federal law by garnishing accounts that receive electronic deposits of Social Security benefits.  The practice could imperil millions of low-income seniors and people with disabilities who rely on Social Security.  When people owe money to credit card companies and other types of lenders, the creditors often use garnishment as a way of gaining partial payment of the debt. In order to garnish a debtor’s account, a creditor must go to court and obtain an order compelling the debtor’s bank to relinquish a set portion of the account, often on a monthly basis in accordance with the debtor’s deposits.  However, federal law prohibits garnishment of accounts receiving direct deposit of Social Security benefits, except in very specific situations, such to collect child support or unpaid federal taxes.  Unfortunately for many indebted seniors and people with disabilities, many state courts and most banks are unaware of the federal law regarding garnishment.  Therefore, courts routinely issue, and banks carry out, garnishments of accounts they have no business depleting. These accounts often hold the only source of income of a senior or person with a disability.. After they were alerted to the situation, Sens. Herb Kohl (D-WI), Max Baucus (D-MT) and Claire McCaskill (D-MO) requested that the Social Security Administration’s Inspector General investigate.  In a recently released report, the Inspector General found that in a 12-month period, the 12 largest U.S. banks withheld more than $1 million from accounts holding government benefits and no other funds. The banks also withheld an additional $29 million from accounts holding benefits mixed with money from other sources.

Hundreds of thousands of Social Security disability (SSDI) claimants are waiting up to three years for a resolution of their disability appeals, according to a article in the New York Times. During the long wait for an appeals hearing, more and more claimants are losing their homes, filing for bankruptcy, dying from their illnesses or even committing suicide. The average wait now exceeds 500 days, and the backlog of cases numbers 755,000; in 2000 the wait was 258 days and the backlog was 311,000 cases. The Social Security Administration’s (SSA) plan to hire 150 appeals judges to tackle the backlog is caught in the showdown between Congress and the White House over domestic appropriations. President Bush proposed a $9.6 billion budget for the SSA for fiscal year 2008, but an additional $100 million is needed to hire more SSA judges. Congress had approved an increase of $275 million for the SSA in November, but Bush vetoed the bill that included the increase. If the standoff continues and the government operates through continuing resolutions, the SSAA’s spending will remain at last year’s level, which would not only scuttle the plan for new judges but conceivably lead to furloughs, according to SSA Commissioner Michael A. Astrue. The increased backlog in appeals over the last decade is the result of litigation, funding shortages, and the rising number of SSD applications from baby boomers in their 50s and 60s. About 2.5 million disability cases are filed each year, two-thirds of which are denied initially by state agencies based solely on the documentary record. Most claimants give up at that point or after their request for local reconsideration is denied. But two-thirds of the more than 575,000 claimants who appeal eventually win reversals after a hearing before an SSA judge. Federal officials predict that the lack of additional judges will mean even longer waits and more personal hardships for claimants. The long delays are also a strain for state welfare agencies that provide cash assistance to some SSD claimants during their long wait for an appeals hearing. Like his predecessors, Commissioner Astrue has promised faster decisions. He indicated that the SSA has begun a process for the speedier initial approval for claimants who are clearly eligible and that more hearings are being held by video. But indications are that there will be no significant impact on the backlog without major increases in funding, judges, and support staff.