The Social Security Administration and the Department of Defense (DoD) are working together to improve access to disability benefits for the nation’s Wounded Warriors, service members, veterans, and their dependents. A new nationwide project enables Social Security disability case processing sites to receive military medical records from multiple DoD facilities with a single request to a centralized DoD site. As of April 30, 2012, this initiative is in its first phase of nationwide expansion.

“Receiving electronic medical records for our Wounded Warriors and other military personnel will significantly shorten the time it takes to make a disability decision,” said Michael J. Astrue, Commissioner of Social Security. “This new process will improve the speed, accuracy, and efficiency of the disability program.”

Originally a pilot, the program included five states (Colorado, North Carolina, Oregon, Virginia, and Washington) and more than 60 military treatment facilities. These states are now receiving electronic medical records within 72 hours, a remarkable improvement over the previous average response time of five weeks for paper records from individual military treatment facilities.

The new DoD-Social Security collaboration consolidates requests for medical records from Social Security to a single location that has access to DoD records in a central electronic repository.

The benefits of the new process include:

• faster delivery of DoD medical records to Social Security,
• a more efficient system to obtain records,
• a reduction in the time it takes to make a medical decision on a disability claim, and
• a reduction in the number of consultative examinations (medical exams requested by Social Security when additional tests or medical records are needed.)

This is the first step towards the long-term goal of a fully automated solution of improving medical information sharing using health information technology and the Nationwide Health Information Network Exchange.

More information on Social Security’s use of health IT is available at www.socialsecurity.gov/hit.

©2012 Virginia Disability Law Blog. All Rights Reserved.

“Our new online Social Security Statement is simple, easy-to-use and provides people with estimates they can use to plan for their retirement,” Commissioner Astrue said. “The online Statement also provides estimates for disability and survivors benefits, making the Statement an important financial planning tool. People should get in the habit of checking their online Statement each year, around their birthday, for example.”

In addition to helping with financial planning, the online Statement also provides workers a convenient way to determine whether their earnings are accurately posted to their Social Security records. This feature is important because Social Security benefits are based on average earnings over a person’s lifetime. If the earnings information is not accurate, the person may not receive all the benefits to which he or she is entitled. The online Statement also provides the opportunity to save or print the personalized Statement for financial planning discussions with family or a financial planner.

To get a personalized online Statement, people age 18 and older must be able to provide information about themselves that matches information already on file with Social Security. In addition, Social Security uses Experian, an external authentication service provider, for additional verification. People must provide their identifying information and answer security questions in order to pass this verification. Social Security will not share a person’s Social Security number with Experian, but the identity check is an important part of this new, verification process.

Once verified, people will create a “My Social Security” account with a unique user name and password to access their online Statement. In addition, the portal also includes links to information about other online services, such as applications for retirement, disability and Medicare.

It is important to note, however, Social Security anticipates some members of the public will not be able to be verified through this process. Some people may not correctly answer the security questions based on information on file with Experian, and others may supply identifying information that does not match their Social Security records. In instances where this occurs, people will have the option to request a paper Social Security Statement be mailed to them. People who cannot verify online initially also may visit their local Social Security office and present an identity document in order to create an account and gain access to the online version of the Statement.

In February 2012, Social Security resumed mailing paper Statements to workers age 60 and older if they are not already receiving Social Security benefits. Later this year, the agency plans to mail paper Statements to workers in the year they reach age 25.

For more information about the new online Statement, please go to www.socialsecurity.gov/mystatement.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The entire 2012 Trustees Report is posted at www.socialsecurity.gov/OACT/TR/2012/

Posted by Sheri R. Abrams, Attorney at Law, Partner Needham, Mitnick & Pollack, plc, www.nmpattorneys.com, www.sheriabrams.com

©2012 Virginia Disability Law Blog. All Rights Reserved.

When a person applies for Social Security disability benefits, the agency conducts a disability review to determine if the applicant is actually “disabled” as defined by federal law. As part of this review, the Social Security Administration (SSA) contacts the applicant’s doctors and other medical providers to discuss the applicant’s medical history and to obtain important medical records that can be used throughout the disability determination process.

Since doctors and hospitals are not allowed to disclose a patient’s medical information to anyone, even the government, without the patient’s permission, the SSA requires all disability applicants to fill out a medical release form, commonly known as an SSA-827, which authorizes the SSA to obtain the required medical information from a medical provider and releases the provider from liability related to the release. Up till now, the SSA has required applicants to print out the form and either mail it into the SSA or bring it into a local office.

Because this procedure often delays the disability application process (the SSA cannot process the application without the signed release in hand), the government has decided to allow applicants for disability benefits to electronically sign the SSA-827 online as an alternative to filing a paper copy. Starting in April, adults with disabilities who are capable of signing their own medical release forms will be able to simply click and sign the SSA-827 as part of the application process. The SSA hopes to expand the electronic signature program to other categories of applicants, like children and people who are operating under a Durable Power of Attorney, in the future. According to the SSA, the new electronic signature option will reduce application processing time by an average of nine days.

To read about the changes on the SSA’s Web site visit www.ssa.gov.

Blog post by Sheri R. Abrams, Attorney at Law
Needham Mitnick & Pollack, plc
www.nmpattorneys.com
www.sheriabrams.com

©2012 Virginia Disability Law Blog. All Rights Reserved.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders. In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

New Compassionate Allowances Conditions:

Aicardi-Goutieres Syndrome

Alobar Holoprosencephaly

Alpers Disease

Alpha Mannosidosis

Carcinoma of Unknown Primary Site

Cerebrotendinous Xanthomatosis

Child Neuroblastoma

Child Non-Hodgkin Lymphoma

Chondrosarcoma with multimodal therapy

Cornelia de Lange Syndrome-Classic Form

Ewings Sarcoma

Follicular Dendritic Cell Sarcoma with metastases

Fucosidosis – Type 1

Galactosialidosis – Early Infantile Type

Glioma Grade III and IV

Hallervorden-Spatz Disease

Hepatoblastoma

Histiocytosis

Hutchinson-Gilford Progeria Syndrome

Hydranencephaly

Hypocomplementemic Urticarial Vasculitis

Hypophosphatasia Perinatal lethal Form

I Cell disease

Infantile Free Sialic Acid Storage Disease

Juvenile Onset Huntington Disease

Kufs Disease Type A and B

Lissencephaly

Lymphomatoid Granulomatosis Grade III

Malignant Brain Stem Gliomas–Childhood

Malignant Melanoma with metastases

Mastocytosis Type IV

Medulloblastoma with metastasis

Merkel Cell Carcinoma with metastases

Myocolonic Epilepsy

Ragged Red Fibers Syndrome

Nephrogenic Systemic Fibrosis

Obliterative Bronchiolitis

Ohtahara Syndrome

Orthochromatic Leukodystrophy with Pigmented Glia

Pearson Syndrome

Pelizaeus-Merzbacher Disease Classic Form

Pelizaeus-Merzbacher Disease Connatal Form

Peripheral Nerve Cancer metastatic or recurrent

Perry Syndrome

Rhabdomyosarcoma

Rhizomelic Chondrodysplasia Punctata

Schindler Disease Type 1

Smith Lemli Opitz Syndrome

Spinal Nerve Root Cancer- metastatic or recurrent

Stiff Person Syndrome

Tabes Dorsalis

Wolf-Hirschhorn Syndrome

Xeroderma Pigmentosum

For more information on the Compassionate Allowances

please visit www.socialsecurity.gov/compassionateallowances.

©2012 Virginia Disability Law Blog. All Rights Reserved.

Now when filing either a Request for Reconsideration or for a Hearing Before an Administrative Law Judge (ALJ), representatives and Attorneys must do so electonically.

SSA will provide a webcast informing representatives and attorneys of this Appeal change on March 7, 2012.

©2012 Virginia Disability Law Blog. All Rights Reserved.

Social Security Disability Insurance remains a vital lifeline for citizens who once held full-time jobs but have become too ill or injured to work. It is a time-honored expression of our nation’s commitment to help care for those who must stop working due to illness or injury.

While any large government program will have problems — and Social Security is no exception — we should work on fixing the problems and not join the current rush to condemn an entire system because of rare instances of abuse or mounting political pressures to cut federal spending.

As an attorney who has spent more than 34 years helping thousands of Social Security applicants, let me be clear that getting disability approval is harder than ever. Undocumented pain, alcoholism and drug abuse have been disqualified. Mental retardation and HIV standards are tougher. Diabetes and obesity are no longer distinct disabilities. Illegal immigrants are now disqualified. Applicants must now present objective medical evidence of disability. This is no rubber-stamp process.

Moreover, it is a misrepresentation to claim that there is a surge in unemployed applicants looking to get on the public dole. Applications have increased due to social, medical and economic mega-trends (such as more insured women and aged workers).

Yes, today’s Social Security Disability Insurance system is huge, complex, costly and certainly imperfect. But it deserves to be improved, not scorned. Claimants’ representatives play an important role by discouraging frivolous applications and assisting those who can prove disability navigate a daunting and often confusing bureaucracy.

The road to restoring Social Security to full health is not to conduct a witch hunt for the rare but inevitable undeserving claimants or deficient judges, but through sensible measures such as giving more help to people with disabilities who want to work, giving employers incentives to hire them, and upgrading the gathering and delivery of medical treatment and information.

Tough times can bring out the best in people. Let’s not let our frustration over a lousy economy cause us to turn on those who are most in need. Let’s improve a system that reflects the true spirit of American compassion.

Charles Martin, a Decatur, Ga.-based attorney, is president of the National Organization of Social Security Claimants’ Representatives.

©2012 Virginia Disability Law Blog. All Rights Reserved.

If you are a Social Security disability beneficiary and want to make more money through work, Ticket to Work can provide the support you need to transition to greater financial independence and self-sufficiency.  The December 21 national WISE webinar will present information about special Social Security programs and rules that may apply to you! You will hear from Work Incentives Planning & Assistance (WIPA) projects, Employment Networks, State Vocational Rehabilitation (VR) Agencies, and Protection & Advocacy organizations about: • Ticket to Work & Work Incentives • Frequently asked questions • Where to find more information

 Date: December 21, 2011 Time: 3:00 p.m. EST Register online at www.chooseworkttw.net/wise/jsp/wise.jsp  or call 1-866-968-7842 or 1-866-833-2967 (TTY/TDD)

Approximately 2 days before the event, you will receive an email with instructions on how to log in to the webinar. The instructions will also include a link and access code for closed-captioning and a link to download the presentation materials in fully accessible PDF and text-only versions.   Please be sure to check your spam folder. Registration information will also be available online the day of the webinar.

©2012 Virginia Disability Law Blog. All Rights Reserved.

©2012 Virginia Disability Law Blog. All Rights Reserved.

This increase is because for the first time in the last 2 years the consumer price index – a measure of how much it costs consumers, on average, to buy things like food and transportation – rose considerably from a year ago.

Social Security cost-of-living adjustment (or COLA) is calculated using this index, and payments are increased when the measure jumps from one year to the next.

Based on this index data, the raise is likely to be about 3.5%. A person who receives $10,000 from Social Security last year would receive an extra $350 in 2012.

However, some of this increase will be lost to higher Medicare premiums, which are deducted from Social Security payments.

Medicare Part B premiums for 2012 are expected to be announced next week, and the trustees who oversee the program are projecting an increase.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions. Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 13 new conditions, effective in December, will increase the total number of Compassionate Allowances conditions to 113. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, idiopathic pulmonary fibrosis, and other disorders.

In addition, the agency recently streamlined its online disability application for people who have a condition on the Compassionate Allowances list.

New Compassionate Allowances Conditions

Malignant Multiple Sclerosis
Paraneoplastic Pemphigus
Multicentric Castleman Disease
Pulmonary Kaposi Sarcoma
Primary Central Nervous System Lymphoma
Primary Effusion Lymphoma
Angelman Syndrome
Lewy Body Dementia
Lowe Syndrome
Corticobasal Degeneration
Multiple System Atrophy
Progressive Supranuclear Palsy
The ALS/Parkinsonism Dementia Complex

©2012 Virginia Disability Law Blog. All Rights Reserved.

©2012 Virginia Disability Law Blog. All Rights Reserved.

Effective August 15, 2011, local Social Security offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

 “While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security.   “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

 Most Social Security services do not require a visit to a local office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform Social Security of a change of address or telephone number may do so at www.socialsecurity.gov or by dialing their toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

©2012 Virginia Disability Law Blog. All Rights Reserved.

Michael J. Astrue, Commissioner of Social Security, today announced 12 additional Compassionate Allowances conditions involving severe heart diseases, bringing the total number of conditions in the expedited disability process to 100. Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children.

“We have reached a significant milestone for the Compassionate Allowances program,” Commissioner Astrue said. “We have an obligation to award benefits quickly to people whose medical conditions are so serious they clearly meet our disability standards. We are now able to do precisely that for 100 severe conditions.”

The Compassionate Allowances initiative is one of two parts of the agency’s fast-track system for certain disability claims. When combined with the Quick Disability Determination process, Social Security last year approved more than 100,000 cases, usually in less than two weeks. This year, the agency expects to fast-track nearly 150,000 cases.

Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify additional ways to improve the disability process for applicants with Compassionate Allowances conditions. “By definition, these illnesses are so severe that we don’t need to fully develop the applicant’s work history to make a decision,” said Commissioner Astrue. As a result, beginning in August, Social Security is eliminating this part of the application process for people who have a condition on the list.

For more information on the Compassionate Allowances initiative, please click here

New Compassionate Allowances Conditions:

Aortic Atresia

Left Ventricular Assist Device (LVAD) Recipient

Eisenmenger Syndrome

Mitral Valve Atresia

Endomyocardial Fibrosis

Primary Cardiac Amyloidosis

Heart Transplant Graft Failure

Pulmonary Atresia

Heart Transplant Wait List – 1A/1B

Single Ventricle

Hypoplastic Left Heart Syndrome

Tricuspid Atresia

©2012 Virginia Disability Law Blog. All Rights Reserved.

The annual checkup by the trustees said that the Medicare hospital insurance fund will now be exhausted in 2024, five years earlier than last year’s estimate. While the Social Security trust fund will be exhausted in 2036, one year earlier than before.

The trustees for the trust funds said in their annual report that this has been caused by the worsening economy and they emphasized the need for Congress to make changes to avoid disruptive consequences in the future for millions of people who depend on Medicare & Social Security Benefits.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The government is working to provide the statements online by the end of the year, if it can resolve security issues, Social Security Commissioner Michael Astrue said. If that fails, the agency will resume the paper statements, which cost $70 million a year to mail, he said.

“We’ll provide it, we expect, one way or another, before the end of the calendar year,” Astrue told The Associated Press. “We’re just right now trying to figure out the most cost-effective and convenient way to provide that to the American public.”

The statements, mailed to 150 million people each year, project future benefit payments, helping workers plan for retirement.

The decision to suspend the mailings was unrelated to the talk of a possible partial government shutdown. It was, however, related to the agency’s operating budget, which has essentially been frozen at 2010 levels — minus about $350 million in economic stimulus money the agency had been using to handle claims.

Claims for retirement and disability benefits are up significantly since the nation’s economy soured in 2008. About 2.7 million people applied for retirement benefits last year, a 17 percent increase from 2008, according to agency statistics. About 3.2 million people applied for disability benefits last year, a 23 percent increase.

Since the 1980s, Social Security statements have been mailed each year to workers older than 25. They include a history of taxable earnings for each year — so people can check for mistakes — as well as the total amount of Social Security and Medicare taxes paid over the lifetime of the worker.

The statements provide estimates of monthly benefits, based on current earnings and when a worker plans to retire. Workers can claim early retirement benefits starting at age 62. Full benefits are available at age 66, a threshold that is gradually increasing to 67 for people born in 1960 or later.

The statements are mailed throughout the year, so many people have already received them this year. Tens of millions have not.

The agency does offer a benefits estimator on its website that Astrue said can be even more helpful than the annual Social Security statements. Workers can enter their Social Security numbers on the website and get estimates of future benefits, depending on when they plan to retire.

The website, however, does not provide the detailed earnings and payroll tax history that workers had been receiving in the mail each year.

Ending the statements is part of a trend in government to conduct more of its business electronically. Social Security already mails out few paper checks. About 88 percent of beneficiaries have their payments deposited directly into their bank accounts.

About 41 percent of applications for retirement benefits come in online, Astrue said. About 44 percent of Medicare applications are done online. In all, the agency’s website attracts about 11 million visitors each month.

©2012 Virginia Disability Law Blog. All Rights Reserved.

However in the last shutdown, there were no Social Security Disability hearings, no Social Security Disability decisions issued, no back Social Security Disability payments made, and no emergency SSI payments made. All Social Security offices will be closed, including the hearing offices.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The Supplemental Security Income (SSI) program provides a small cash benefit to people with special needs who meet very stringent income and asset requirements – most SSI beneficiaries also receive Medicaid coverage. An SSI recipient’s monthly cash benefit is reduced by $1 for each dollar of unearned income a beneficiary receives and by $0.50 for each dollar of earned income that a beneficiary receives for working. Unearned income includes gifts, food and shelter, and other one time payments like inheritances and lottery winnings, and, until these changes took effect, unearned income also included tax refunds and some tax credits. This meant that a SSI beneficiary could lose his benefits if he received a large tax refund.

Under the new law, tax refunds are no longer considered countable income for SSI or Medicaid purposes. Furthermore, any money received through a tax refund will not be a countable resource for 12 months following receipt of the funds, and SSI and Medicaid recipients will be under no obligation to segregate the funds from their other resources (SSI recipients can only keep $2,000 of resources and still qualify for benefits). Because of the change in the law, an SSI beneficiary can now retain his tax refund, even if it puts him over the $2,000 resource limit, for up to one year from the date of receipt, which is welcome news for beneficiaries who usually have to count every penny in order to avoid a disruptive loss of benefits.

The new law also changes the treatment of several other important tax credits. Under previous rules, Making Work Pay, Earned Income, Advanced Earned Income, and Child Tax Credits were all excluded as countable income for SSI and Medicaid purposes, but if the income was retained, it had to be spent within nine months of receipt. Now, the 12-month rule applies to all of these tax credits and, furthermore, First-Time Home buyer Tax Credits that were previously countable as income and as a resource are now exempt and subject to the same countability rules as the other tax credits.

In one more piece of good news, the law applies to any refunds or credits received after December 31, 2009, which means that, in limited cases, applicants who were initially denied SSI or Medicaid benefits due to receipt of a tax refund or credit may actually be retroactively eligible for benefits. The Centers of Medicare and Medicaid Services have also indicated that seniors and other people seeking Medicaid coverage for long-term care will not be subject to transfer-of-asset penalties if they give away their tax refunds or credits during the 12-month grace period.

©2012 Virginia Disability Law Blog. All Rights Reserved.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The President’s budget request of $12.522 billion for Social Security’s administrative expenses will allow us to maintain staffing in our front-line components, fund ongoing activities, and cover our inflationary increases. It will allow us to reduce our hearings and initial disability claims backlogs, and to continue to reverse the decline in our program integrity work. Program integrity work not only pays for itself, but also produces considerable savings to the taxpayers.

Full funding by Congress of the President’s budget request is critical. This budget request is the minimum the agency needs to continue to reduce key backlogs and to increase deficit-reducing program integrity work. It will allow us to build on the considerable progress we have achieved, progress that is vital to the millions of people who depend on our services and to the American taxpayer.

For more information about the President’s 2012 budget request for Social Security, visit www.socialsecurity.gov/budget.

©2012 Virginia Disability Law Blog. All Rights Reserved.

As you can see below, there have been no changes from the 2010 amounts except for an increase in the Medicare Part B premiums.

The Substantial Gainful Activity (SGA) amount for individuals with disabilities, other than blindness, is $1,000 for 2011. The amount is unchanged from 2010.

The SGA amount for individuals who are blind is $1,640 for 2011. The amount is unchanged from 2010.

The monthly earnings amount that we use to determine if a month counts for the Trial Work Period (TWP) is $720 for 2011. The amount is unchanged from 2010.

For 2011, the Supplemental Security Income (SSI) Federal Benefit Rates (FBR) are $674 for an eligible individual and $1,011 for an eligible couple. The amounts are unchanged from 2010.

For 2011, the monthly Medicare Part B premium increases to $114.50.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The SSA began assigning the nine-digit SSN in 1936 for the purpose of tracking workers’ earnings over the course of their lifetimes to pay benefits. Since its inception, the SSN has always been comprised of the three-digit area number, followed by the two-digit group number, and ending with the four-digit serial number. Since 1972, the SSA has issued Social Security cards centrally and the area number reflects the state, as determined by the ZIP code in the mailing address of the application.

There are currently 435 million numbers available for assignment. However, the current SSN assignment process limits the number of SSNs that are available for issuance to individuals by each state. Changing the assignment methodology will extend the longevity of the nine digit SSN in all states.

SSN randomization will affect the SSN assignment process in the following ways:

* It will eliminate the geographical significance of the first three digits of the SSN, currently referred to as the area number, by no longer allocating the area numbers for assignment to individuals in specific states.

* It will eliminate the significance of the highest group number and, as a result, the High Group List will be frozen in time and can be used for validation of SSNs issued prior to the randomization implementation date.

* Previously unassigned area numbers will be introduced for assignment excluding area numbers 000, 666 and 900-999.

©2012 Virginia Disability Law Blog. All Rights Reserved.

Those already on Social Security will have until March 1, 2013, to make the switch to direct deposit or a debit card. New recipients of those benefits will have to accept paperless payment sooner — as of May 1, 2011.

More than 58 million retirees, disabled people and surviving family members get Social Security or Supplemental Security benefits. Eight out of 10 people getting federal benefits already receive those payments electronically, officials say.

©2012 Virginia Disability Law Blog. All Rights Reserved.

A little-known provision of Social Security law previously allowed individuals to begin payments at age 62, pay back all the benefits received at age 70 without interest, and then reclaim at a higher rate due to delayed claiming.

Under the new rules, Social Security beneficiaries may withdraw an application for retirement benefits only within 12 months of their first Social Security payment and are limited to one withdrawal per lifetime.

Another way Social Security beneficiaries were previously allowed to boost their checks was by suspending benefits already received retroactively, repaying the amount received, and then getting higher checks going forward. The new rules allow retirees to voluntarily suspend benefits only for months in which they did not receive payments. Beneficiaries may also suspend future payments beginning the month after the request is made.

These changes will be applied only to old-age benefit recipients, not survivor and disability beneficiaries.

©2012 Virginia Disability Law Blog. All Rights Reserved.