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

Michael J. Astrue, Commissioner of Social Security, today announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“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.

The wonderful people at the ENDependence Center of Northern Virginia, Inc. (ECNV) have a Travel Training program for people with disabilities who want to learn to travel safely and independently using public transportation in the Washington Metropolitan area.

Through the multi-day program that is comprehensive and individualized, the individual will learn a variety of travel skills that will facilitate them to ride their local transportation independently. The travel trainers will work with the individual to learn transit routes to anywhere they want to go.

Call the ECNV Travel Trainers at 703-525-3268 to start the process.

The ENDependence Center of Northern Virginia, Inc. (ECNV) is a community- based resource and advocacy center managed by and for people with disabilities. ECNV promotes the independent living philosophy and equal access for all people with disabilities. ECNV’s website is http://www.ecnv.org/.

HealthCare.gov recently released a new fact sheet, available in PDF format in both English and Spanish, about the impact of the Affordable Care Act (ACA) on people with disabilities.

The fact sheet outlines key aspects of the ACA, including:

1.Insurers cannot deny coverage to people with pre-existing conditions.
2.Insurers cannot deny, cap or limit your coverage.
3.Insurance coverage options are expanded.
4.There are new options for long-term supports and services.
5.Insurance companies are held accountable.

Learn more about the ACA and how it affects you at www.healthcare.gov.

Presidential Proclamation — International Day of Persons with Disabilities

The White House

Office of the Press Secretary

For Immediate Release December 02, 2011

Presidential Proclamation — International Day of Persons with Disabilities
By the President of the United States of America
A Proclamation

On International Day of Persons with Disabilities, we recommit to ensuring people living with disabilities enjoy full equality and unhindered participation in all facets of our national life. We recognize the myriad contributions that persons with disabilities make at home and abroad, and we remember that disability rights are universal rights to be recognized and promoted around the world.

For decades, America has been a global leader in advancing the rights of people with disabilities. From the Americans with Disabilities Act of 1990 to the Twenty-First Century Communications and Video Accessibility Act, which I signed last year, we have striven to bring the American dream and comprehensive opportunities in education, health care, and employment within reach for every individual. These actions –made possible only through the tireless and ongoing efforts of the disability community — affirm our commitment to an equitable and just society where every American can play a part in securing a prosperous future for our Nation.

To fulfill this promise not only in America, but around the world, my Administration is putting disability rights at the heart of our Nation’s foreign policy. With leadership from the Department of State and the United States Agency for International Development, we are collaborating across governments and in close consultation with the global disability community to expand access to education, health care, HIV/AIDS prevention and treatment, and other development programs. In 2009, we signed the Convention on the Rights of Persons with Disabilities, which seeks to ensure persons with disabilities enjoy the same rights and opportunities as all people. If ratified, the Convention would provide a platform to encourage other countries to join and implement the Convention, laying a foundation for enhanced benefits and greater protections for the millions of Americans with disabilities who spend time abroad.

We know from the historic struggle for disability rights in the United States that disability inclusion is an ongoing effort, and many challenges remain in securing fundamental human rights for all persons with disabilities around the world. On International Day of Persons with Disabilities, we press forward, renewing our dedication to embrace diversity, end discrimination, remove barriers, and uphold the rights, dignity, and equal opportunity of all people.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 3, 2011, as International Day of Persons with Disabilities. I call on all Americans to observe this day with appropriate ceremonies, activities, and programs.

IN WITNESS WHEREOF, I have hereunto set my hand this second day of December, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

All of the Disney Parks have been known as great places to vacation for guests with disabilities.  

Disney Parks offer many services for guests with disabilities, including unique ride cars that enable guests to remain in their wheelchairs, American Sign Language interpretation at live shows, special equipment and facilities for resort access, and disability-specific pamphlets and guidebooks.

However, recently Disney has gotten even more accessible.

Disney guests with visual disabilities are now able to explore Disney parks in a whole new way.   Utilizing an enhanced, 7.2-ounce Disney-designed handheld device, users first hear an interactive audio menu from which they may choose the type of information they’d like to receive.

The assistive technology device’s options include: descriptions of outdoor locations throughout the park like nearby attractions, restaurants and entertainment, or detailed audio description of key visual elements inside more than 20 attractions.

Guests with some hearing loss are covered, too — assistive listening features include captioning to read while enjoying specific attractions, and visual indicator door knocks in resort hotel rooms.

U.S. Transportation Secretary Ray LaHood has announced that individuals with disabilities will have greater access to intercity, commuter and high-speed train travel as a result of a new rule requiring new station platform construction or significant renovation to enable those with disabilities to get on and off any car on a train.

“This will help give passengers with disabilities better access to rail travel across the country,” said Transportation Secretary Ray LaHood. “By putting this protection in place, passengers with disabilities will be able to get on and off any accessible car that is available to passengers at a new or altered station platform.”

The U.S. Department of Transportation (DOT) is amending its Americans with Disabilities Act (ADA) regulations to require intercity, commuter and high-speed passenger railroads to ensure, at new and significantly renovated station platforms, that passengers with disabilities can get on and off any accessible car of the train.   Passenger railroads must provide level-entry boarding at new or altered stations in which no track passing through the station and adjacent to platforms is shared with existing freight rail operations.   For new or altered stations in which track shared with existing freight rail operations precludes compliance, passenger railroads will be able to choose among a variety of means to meet a performance standard to ensure that passengers with disabilities can access each accessible train car that other passengers can board at the station. These options include providing car-borne lifts, station-based lifts, or mini-high platforms.   The Department will review a railroad’s proposed method to ensure that it provides reliable and safe services to individuals with disabilities in an integrated manner.

This new rule also requires that transit providers carry a wheelchair and occupant if the lift and vehicle can physically accommodate them, unless doing so is inconsistent with legitimate safety requirements.

Michael J. Astrue, Commissioner of Social Security, announced  on October 13, 2011, 13 new Compassionate Allowances conditions involving the immune system and neurological disorders.   The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.   Commissioner Astrue made the announcement during his remarks at the U.S. Conference on Rare Diseases and Orphan Products in Washington, D.C. “Social Security handles more than three million disability applications each year and we need to keep innovating and making our work more efficient,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

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

The Medicaid Reference Desk is a tool to help people with intellectual and developmental disabilities find out what Medicaid can offer them.

The Medicaid Reference Desk is located at:  http://www.thedesk.info/

There are many services offered for people with disabilities in Fairfax County Virginia.

To learn about these services please visit:  www.fairfaxcounty.gov/dfs/dspd/

On July 26, 1990, the Americans with Disabilities Act was signed into law. That landmark civil rights legislation reaffirmed the idea that all our citizens, regardless of disability, are entitled to the same privileges, pursuits, and opportunities as everyone else. 

Since its enactment, the ADA has opened many doors and sought to level the playing field for employment of Americans with disabilities. Still, however, the unemployment rate for persons with disabilities remains high.

Today, following on other steps already taken, the Obama Administration announced new efforts that will continue to support increased employment opportunities for persons with disabilities and will also help make the government more open and accessible to all citizens. Specifically, the administration is working to release a draft comprehensive strategic plan to improve compliance with Section 508 of the Rehabilitation Act.

Section 508 requires that federal agencies’ electronic and information technology be accessible to people with disabilities, both inside and outside the government.   Even 12 years after this law was enacted, many technological barriers still exist, limiting the ability of persons with disabilities when they try to interact with the federal government, whether as an employee or as a citizen seeking information or services.

Making electronic and information technology, such as websites, 508 compliant will ensure that applicants have equal access to apply for job opportunities. 508 compliance also will promote increased retention, as federal employees will be able to successfully utilize the technology – whether it be computers, telephones, fax machines, websites and many other technological tools – necessary to perform their duties. Moreover, it will make the government more open and accessible as people with disabilities will be able to better access all the information the federal government has placed online.

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

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

2. Gross Income Certain disability-related payments, Veterans Administration disability benefits, and Supplemental Security Income (SSI) are excluded from gross income.

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

4. Credit for the Elderly or Disabled This credit is generally available to certain taxpayers who are 65 and older as well as to certain disabled taxpayers who are younger than 65 and are retired on permanent and total disability.

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

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

7. Child or Dependent Care Credit Taxpayers who pay someone to care for their dependent or spouse so they can work or look for work may be entitled to claim this credit. There is no age limit if the taxpayer’s spouse or dependent is unable to care for themselves.

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

This winter, The Arc of Northern Virginia will hold a series of free seminars for school-to-community transition for youth with intellectual and developmental disabilities and their parents.
This series will consist of three full-day seminars on Saturdays, one monthly evening round-table as a follow-up, and the ability to schedule one-on-one consultations with The Arc of Northern Virginia staff.

The Saturday seminars will have two separate tracks, one for parents and one for youth with intellectual and developmental disabilities and recent graduates, between the ages of 14-26.

The seminars will cover subjects such as:
• government entities
• social security and Medicaid waivers
• adult education
• vocation opportunities
• recreational options
• financial concerns and long-term planning

In addition to The Arc of Northern Virginia staff, presenters will include a variety of other community-based organizations providing services and assistance to adults with intellectual and developmental disabilities in Northern Virginia. At the end of the sessions, all participants will have completed a family mission plan to guide them through the challenging transition years.

Participants will need to attend all three meetings. Parents/guardians and young adults will breakout to attend different workshops in separate areas. Care attendants are strongly encouraged.

Who Should Attend? Parents & transitioning youth between the ages of 14-26. (*Parents can be family members, aide supports, guardians, and/or adult siblings or other relatives).

Dates & Time: Three Saturdays: February 19, March 12, April 9, 8:30 a.m. – 3:00 p.m.

Location: Mary Ellen Henderson Middle School, 7134 Leesburg Pike, Falls Church, VA 22043

Contact Elaine Eisenbaum, Director of Advocacy and Operations, Tel:(703) 532-3214 Ext. 102, Email: eeisenbaum@thearcofnova.org

Space is limited. Participants must apply for this free program.

In order to help keep the public more informed, the White House is hosting monthly calls to update us on various disability issues as well as to introduce us to persons who work on disability issues in the federal government.

This month’s topic will be on the President’s budget as it relates to people with disabilities. This call is off the record and not for press purposes.

This call will be Tuesday, February 15 at 1:00 p.m. Eastern.
Conference Call Information:
Dial in for listeners: United States: (800) 288-8974
Title: White House Disability Call (use instead of code)
Date of Call: February 15, 2011
Start Time: 1:00 p.m. Eastern
For live captioning, at time of call, log onto: http://www.fedrcc.us//Enter.aspx?EventID=1710748&CustomerID=321

If you would like to be added to the White House Disability Group email distribution list, please email sfeuerstein@who.eop.gov and provide your name, email address, city, state, and organization, if applicable.

I have many clients who ask for tips on making their homes more accessible for themselves or a disabled or elderly loved one.

The following suggestions from Agingcare.com can help you adapt your home for yourself or a loved ones who is facing a physical disability:

* When a person can no longer walk safely up or down stairs, a threshold ramp should be considered. Permanent ramps can be installed, or there are also more affordable rubber ramps that can be cut to the desired length and width and placed up against the threshold to be moved out of the way when desired.

* While some people balk at the idea of using a walker, walkers are a great precaution against falls in the home and a good way to help keep moving. Consider a lightweight aluminum frame that uses a scissor-style mechanism to fold vertically as opposed to horizontally, making it easier to fold flat and allowing it to be rolled through narrow spaces with ease.

* Getting in and out of a recliner or living room chair can be difficult. Rather than have to ask for help or to help your loved one up, risking injury to your back, consider a lift chair to enable you or them to sit down or stand up with ease. Some look like standard recliners, but, with the flip of a switch, the chair reclines or lifts the occupant out of it.

* Doctors recommend an elevated toilet seat with armrests for anyone who has a hard time getting on and off the toilet. While there are models that can be clamped in place and do not require any hardware, they are typically not very sturdy, especially if the person using it is overweight. Some models combine the seat and arms with a hydraulic lifting system for extra assistance and can be used as both a raised toilet seat and a stand-alone commode. Some include a “guest” standard toilet seat which can be mounted in place when you have company over.

* Adjustable bed rails can be put on one or both sides of a bed, which will help a person to get in and out of bed.

* To get in and out of the shower or bathtub, grab bars are essential for safety. Some are installed permanently, and there are others that secure themselves to completely smooth surfaces using suction cups. It’s very important that people do not use towel bars to grab onto — they are not meant to hold weight and will come loose from the wall very easily.

* Provide proper lighting — remember: lighting requirements increase with age or some disabilities.

The Social Security Administration has just announced the amounts they will use to calculate various programs and eligibility, and the amount paid to SSI beneficiaries.

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.

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.

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.

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.”

The U.S. Justice Department announced that George Washington’s home at Mount Vernon will undergo improvements to help people with disabilities with accessible walkways, closed captioning for films and sign language and audio tours in the mansion and on the grounds.

The Justice department reached agreement on the upgrades with the Mount Vernon Ladies Association. Plans call for a shallower entry ramp and modifications on the route to the ground floor of the historic mansion. There will be an accessible walk to a landing at the entrance for the shops, food court and Mount Vernon Inn. Controls of interactive exhibits will be modified so they can be used by visitors with physical disabilities.

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

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

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

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

To review this document please click here.

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

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

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

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

The 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.