Virginia Disability Law Blog » benefits

Social Security and Department of Defense Implement New Process to Improve Efficiency for Wounded Warriors Applying for Disability Benefits

Sheri Abrams — Mon, 07 May 2012 02:14:13 +0000

Electronic Medical Records Will Reduce Time for a Decision

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.

Social Security Board of Trustees: Projected Trust Fund Exhaustion Three Years Sooner Than Last Year

Sheri Abrams — Tue, 24 Apr 2012 19:42:19 +0000

The Social Security Board of Trustees released its annual report on the financial health of the Social Security Trust Funds. In its report the Trustees reported that he combined assets of the Old-Age and Survivors Insurance, and Disability Insurance (OASDI) Trust Funds will be exhausted in 2033, three years sooner than projected last year. At that time, there will be sufficient non-interest income coming in to pay about 75 percent of scheduled benefits.

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

Social Security Administration Adopts Electronic Signatures for Medical Release Forms

Sheri Abrams — Fri, 13 Apr 2012 18:54:29 +0000

Applying for Social Security disability benefits just became a little easier.

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

Social Security Announces New Compassionate Allowances Conditions

Sheri Abrams — Thu, 14 Jul 2011 19:20:43 +0000

Fast Track Disability Process Will Now Look at 100 Conditions

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

Tax Act Brings Changes to SSI / Medicaid Treatment of Refunds, Tax Credits

Sheri Abrams — Mon, 07 Mar 2011 02:37:46 +0000

Several little-noticed provisions of the recently-enacted law that extended the Bush-era tax cuts fundamentally alter how the Supplemental Security Income (SSI) and Medicaid programs treat tax refunds and other tax credits, making it easier for people with special needs to maintain their benefits.

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.

Social Security will hold its 7th Compassionate Allowances Outreach Hearing

Sheri Abrams — Sun, 06 Mar 2011 21:37:22 +0000

On March 16, 2011, Michael J. Astrue, Commissioner of Social Security, will hold the seventh Compassionate Allowances Outreach Hearing in Baltimore, MD. The subject of the hearing is autoimmune disease. Compassionate Allowances are a way of providing benefits quickly to people whose medical conditions are so serious that their conditions obviously meet SSA’s disability standards.

No More Paper Social Security Checks

Sheri Abrams — Tue, 21 Dec 2010 22:27:31 +0000

Millions of Americans will no longer be able to get their Social Security and other federal benefit checks by mail, under a new timetable announced Tuesday.

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.

Social Security Payback Option Eliminated

Sheri Abrams — Thu, 16 Dec 2010 04:47:45 +0000

The Social Security Administration just announced that Retirees will no longer be able to pay back benefits already received in exchange for higher Social Security payments going forward.

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.

Social Security Holds Compassionate Allowances Hearing on Cardiovascular Disease and Multiple Organ Transplants

Sheri Abrams — Thu, 18 Nov 2010 19:35:41 +0000

On November 9, 2010 Michael J. Astrue, Commissioner of Social Security, hosted at the University of Maryland, Baltimore County, the agency’s sixth public hearing on Compassionate Allowances. Commissioner Astrue joined Susan B. Shurin, Acting Director of the National Heart, Lung, and Blood Institute, National Institutes of Health, and other Social Security officials in listening to testimony from some of the leading experts on cardiovascular disease and multiple organ transplants regarding possible methods of identifying and implementing Compassionate Allowances for both adults and children.

“Compassionate Allowances and the Quick Disability Determination process are making a real difference for disabled Americans by ensuring those with devastating disabilities receive their benefit decisions quickly and accurately,” Commissioner Astrue said. “This fiscal year, about 150,000 people will benefit from these fast-track disability processes. With this hearing, we continue to look at broader categories of conditions to determine if a subset or certain diagnosis might clearly meet our disability standards and qualify as a Compassionate Allowance.”

Social Security implemented Compassionate Allowances in October 2008 to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security’s standards. There currently are 88 specific diseases and conditions that qualify as a Compassionate Allowance. To learn more and to view a web cast of the November 9th hearing, go to www.socialsecurity.gov/compassionateallowances.

Social Security’s Fast-Track Disability Processes Get Even Faster

Sheri Abrams — Mon, 25 Oct 2010 01:05:16 +0000

New Rules Will Further Speed Benefits to Tens of Thousands of Americans with Disabilities

Michael J. Astrue, Commissioner of Social Security, just announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average. The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules . . . will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said. “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”

Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and can quickly obtain medical evidence. The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at www.regulations.gov. They will be effective on November 12, 2010.

Additional information about Social Security’s Compassionate Allowances process is available at www.socialsecurity.gov/compassionateallowances.

No Social Security Cost-Of-Living Increase in 2011

Sheri Abrams — Sun, 17 Oct 2010 19:00:24 +0000

The federal government announced on October 15, 2010 that Social Security Disability and Social Security Retirement recipients will not receive a cost-of-living adjustment in 2011. This will be the second year in a row that there has not been a cost-of-living increase.

The absence of a cost-of-living adjustment, calculated under a formula set by law, will be a shock to older Americans and the disabled already hit by plummeting home values, investment losses and rising health costs. More than 50 million people receive some form of Social Security benefits.

Before 2010 Social Security recipients had received automatic cost-of-living adjustments every year since 1975. The increase in 2009 was 5.8 percent. By law, Social Security benefits cannot go down.

The cost-of-living adjustment is intended to preserve the purchasing power of Social Security, by increasing benefits to keep pace with consumer prices. In the last year, overall inflation has been low, largely because of the economic downturn.

The Congressional Budget Office, has predicted that inflation would remain low for several years, so it is possible that Social Security might not pay a cost-of-living increase for several years.

Social Security Webinar: Applying Online for Social Security Disability Benefits

Sheri Abrams — Fri, 01 Oct 2010 20:14:14 +0000

Social Security Webinar: Applying Online for Social Security Disability Benefits

October 6, 2010, 2:00 p.m. EST

A number of enhancements have been made to Social Security’s online disability application, making it easier and more convenient to complete online.

During this webinar, Social Security will highlight the new aspects of this online application and tell you about other Social Security disability initiatives currently underway.

To RSVP for this webinar please click here

Social Security Checks Arriving Early Along Atlantic Coast: Money Will Get to Atlantic Coast Residents Ahead of Hurricane Earl

Sheri Abrams — Thu, 02 Sep 2010 20:26:38 +0000

Michael J. Astrue, Commissioner of Social Security, announced that benefit checks are being delivered to some Atlantic coast residents on Thursday, September 2nd, before the arrival of Hurricane Earl and ahead of the regular September 3rd payment date. About 737,000 beneficiaries in South Carolina, North Carolina, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Rhode Island, Massachusetts, and Washington, D.C. are affected by this early check delivery.

“Delivering checks early to these residents eliminates one concern beneficiaries might have as they prepare for the storm,” Commissioner Astrue said. “As beneficiaries take steps to ensure their own safety, this is one step we can take to help them. They should also be aware that Direct Deposit is a more secure and convenient way to receive payments, particularly when natural disasters strike.”

Social Security worked closely with the U.S. Postal Service and the Department of the Treasury to make the early delivery of checks possible.

Social Security Set to Eliminate Retirement Benefit Pay-Back Option

Sheri Abrams — Thu, 02 Sep 2010 02:16:21 +0000

A little-known strategy that allows Social Security recipients to boost their income by repaying retirement benefits received in earlier years and then claiming a bigger monthly retirement check based on their greater age may soon disappear. The Social Security Administration (SSA) is moving to eliminate the do-over strategy. If the agency gets its way, the rule could take effect within months. If you or someone you know might benefit from the payback strategy, now is the time to consider it and come to a decision. Putting it off could mean letting the government make the decision for you — by eliminating the opportunity. Retirees can collect Social Security benefits as early as age 62, but monthly payments are reduced by 25 percent compared with what they would be if claimed at full retirement age, which is 66 for those who claim benefits this year. Those who are willing to wait past age 66 can boost their benefits by 8 percent for every year they delay, up to age 70, increasing annual benefits to 132 percent of their base amount. In 2007, about 500 people — out of more than 37 million retirees and their dependents receiving benefits — took advantage of the payback option. By 2009, the number had nearly doubled as more retirees learned how they could repay their benefits, interest- and penalty-free, and restart them at a higher level. As a bonus, those who repay benefits can claim a tax credit or a tax deduction — whichever results in a bigger tax break — for any income taxes paid on the benefits as they received them.

Source: Washington Post (August 29, 2010)

Social Security Board of Trustees Report: Long-Range Financing Outlook Remains Unchanged

Sheri Abrams — Tue, 10 Aug 2010 01:05:04 +0000

The Social Security Board of Trustees just released its annual report on the financial health of the Social Security Trust Funds and the long-range outlook remains unchanged. The combined assets of the Old-Age and Survivors Insurance, and Disability Insurance (OASDI) Trust Funds will be exhausted in 2037, the same as projected last year. The Trustees also project that program costs will exceed tax revenues in 2010 and 2011, be less than tax revenues in 2012 through 2014, and then permanently exceed tax revenues beginning 2015, one year earlier than estimated in last year’s report. The worsening of the short-range outlook for the Social Security Trust Funds is due in large part to the recent economic downturn.

“The impact of the current economic downturn continues to be felt by the Social Security Trust Funds,” said Michael J. Astrue, Commissioner of Social Security. “The fact that the costs for the program will likely exceed tax revenue this year is not a cause for panic but it does send a strong message that it’s time for us to make the tough choices that we know we need to make. I applaud President Obama for his creation of the Deficit Commission so we can start the national discussion needed to ensure that Social Security remains a foundation of economic security for our children and grandchildren.”

The Board of Trustees is comprised of six members. Four serve by virtue of their positions with the federal government: Timothy F. Geithner, Secretary of the Treasury and Managing Trustee; Michael J. Astrue, Commissioner of Social Security; Kathleen Sebelius, Secretary of Health and Human Services; and Hilda L. Solis, Secretary of Labor. The two public trustee positions are currently vacant. President Obama nominated two individuals to serve as public trustees, and the Senate Finance Committee held hearings on July 29 for both trustee nominees. Their confirmations are pending.

The 2010 Trustees Report is available here

Social Security Proposes Legislation to End Furloughs of Federally Paid State Disability Workers

Sheri Abrams — Fri, 06 Aug 2010 01:57:37 +0000

Michael J. Astrue, Commissioner of Social Security, announced that the agency is submitting legislation to Congress that would prohibit states, without the Commissioner’s prior authorization, from reducing the number of state personnel who make disability determinations for Social Security or the hours they work below the amount the agency authorizes.

“It is long past time that states end these unconscionable furloughs and hiring freezes that needlessly harm citizens with disabilities,” Commissioner Astrue said. “States realize no fiscal savings whatsoever from these actions and this legislation would prevent needless delays in the disability determination process. I am grateful for the President’s support and urge Congress to move quickly to help us make this provision the law of the land.”

More than a dozen states have implemented furloughs and hiring freezes that affect the federally paid state workers who make disability determinations for Social Security. The state agencies that employ these workers in their disability determination service (DDS) components receive 100 percent of their funding from the Federal government. Accordingly, states do not save any money by imposing furloughs and hiring freezes on federally funded employees. Rather, they slow benefits to some of the most vulnerable citizens – for example, furloughs in California in fiscal year 2010 delayed payment of over $11 million in benefits to more than 40,000 citizens with disabilities. State-imposed furloughs and hiring freezes also reduce state income tax revenue and increase unemployment in the state.

“The members of Local 1000 have always believed that furloughing federally funded positions doesn’t make economic sense and that has been proven in California during these past 18 months that Governor Schwarzenegger has imposed furloughs on state employees,” Yvonne Walker, President of Service Employees International Union Local 1000 said. “I applaud Social Security for initiating legislation that would prevent further bad economic policy from going forward. This provision will not only help DDS workers, but the claimants who rely on the services our members provide.”

“We commend the Commissioner for his forceful and dedicated leadership in taking this bold action,” said Susan X. Smith, President of the National Association of Disability Examiners (NADE). “Our members are witness to the impact the current economic recession has had for disabled citizens and we are working hard to meet the dramatic increase in claims for benefits. These furloughs further compound the problems faced by disabled citizens by creating unnecessary delays in the processing of their claims. NADE urges quick action with regards to this legislative proposal.”

Can You Receive Social Security Disability Benefits If You Have Used Drugs or Alcohol?

Sheri Abrams — Wed, 09 Jun 2010 03:29:45 +0000

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

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

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

Can You Receive Social Security Disability Benefits For Hepatitis C?

Sheri Abrams — Wed, 12 May 2010 03:00:15 +0000

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

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

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

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

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

Attorney Sheri Abrams Becomes Certified As A Veterans Benefits Counselor

Sheri Abrams — Fri, 30 Apr 2010 02:13:50 +0000

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

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

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

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

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

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

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

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

Divorce and Social Security Retirement Benefits

Sheri Abrams — Wed, 28 Apr 2010 20:36:29 +0000

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

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

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

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

As for the amount of benefits that can be received:

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

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

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

The Social Security System Goes Into Deficit

Sheri Abrams — Fri, 23 Apr 2010 02:51:07 +0000

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

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

Now You Can Apply for Medicare Online

Sheri Abrams — Wed, 07 Apr 2010 14:35:26 +0000

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

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

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

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

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

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

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

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

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

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

Should You Apply for Social Security Disability Benefits Online?

Sheri Abrams — Thu, 25 Mar 2010 01:59:36 +0000

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

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

Social Security Disability Hearings Backlog Falls to Lowest Level Since 2005

Sheri Abrams — Thu, 11 Mar 2010 19:09:28 +0000

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

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

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

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

Hot Off the Presses: Sheri Abrams’ Book Is Published! “Don’t Gamble With Your Social Security Disability Benefits—-What Every Virginia Resident Needs to Know to Win a Social Security Disability Case”

Sheri Abrams — Fri, 26 Feb 2010 04:19:11 +0000

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.