WHAT ARE THE QUALIFICATIONS FOR REAL ESTATE TAX RELIEF?

•To qualify for a Real Estate tax exemption under the Tax Relief Program, the following requirements must be met:

•The applicant must be at least 65 years of age, or permanently and totally disabled. Applicants who turn 65 or become permanently and totally disabled during the year of application may also qualify for tax relief on a prorated basis.

•If the dwelling is jointly owned by an applicant and spouse, either the applicant or the spouse must be at least 65 years of age or older, or permanently and totally disabled.

•The gross income from all sources of the owners of the dwelling and any relatives of the owners who reside in the dwelling may not exceed $72,000. The following income limitations and percentage of relief apply:

Gross Income——————————————–Amount of Tax Relief

$52,000 or less ———————————————-100%

$52,001 to $62,000——————————————– 50%

$62,001 to $72,000———————————————25%

•For each relative (other than spouse) residing in the dwelling, the first $6,500 of income may be excluded. Disabled applicants may exclude the first $7,500 of income.

•The total combined net assets of owners of the dwelling and of the spouse of any owner who resides in the dwelling may not be greater than $340,000 (not including the value of the home, its furnishings and up to one acre of land).

•When the property is jointly owned and the co-owner is deceased, a certified copy of the death certificate must be provided.

WHAT ARE THE QUALIFICATIONS FOR CAR TAX OR
PERSONAL PROPERTY TAX RELIEF

•To qualify for a Personal Property tax exemption under the Tax Relief Program, the following requirements must be met:

•The applicant must be a resident of Fairfax County.

•The exempted vehicle must be owned and used primarily by or for an applicant who is at least 65 years of age or an applicant found to be permanently and totally disabled.

•The gross income of the applicant may not exceed $22,000.

•Disabled applicants may exclude the first $7,500 of income, i.e., an effective gross income of $29,500.

•The total combined net assets of the applicant and spouse may not exceed $75,000.

•Personal Property tax relief shall only be granted on one vehicle.

•Personal Property tax relief on mobile homes applies only to those homes used as a full time residence.

For more information contact the Fairfax County Department of Tax Administration at

http://www.fairfaxcounty.gov/dta/taxrelief_home.htm.

©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.

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

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©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.

The U.S. Department of Labor has announced the availability of approximately $20 million to fund programs that will improve education, training and employment opportunities for adults and youth with disabilities.

The Disability Employment Initiative is a joint project of the Labor Department’s Employment and Training Administration and its Office of Disability Employment Policy. Programs to be funded will serve individuals who are unemployed, underemployed and/or receiving Social Security disability benefits. The goals of the project are to improve coordination and collaboration across multiple service delivery systems, build effective partnerships that leverage public and private resources to better serve people with disabilities and, ultimately, improve employment outcomes of people with disabilities.

“Workers with disabilities suffer from one of the lowest employment rates of any group in the American population, even in times of prosperity,” said Secretary of Labor Hilda L. Solis. “It is vital that state and local agencies work together with private sector partners to improve these statistics. Through this second round of funding, we are expanding the Disability Employment Initiative to include programs in additional states.”

Grantees under the Disability Employment Initiative are state workforce agencies. Nine – in Alaska, Arkansas, Delaware, Illinois, Kansas, Maine, New Jersey, New York and Virginia – received grants through a first round of funding awarded in September 2010 for a period of three years. This solicitation for applications represents a second round of funding; agencies in the remaining 41 states are eligible to apply. Recipient state workforce agencies will collaborate with workforce investment boards and local agencies. Awards will range from $1.5 to $6 million each to be spent over a three-year period. Cooperative agreements will be used to expand service delivery through the public workforce system to job seekers with disabilities. The programs will build upon the Labor Department’s Disability Program Navigator initiative and other model service delivery strategies.

Training and employment services supported by these grants are intended to help reduce the unacceptably low employment rates experienced by people with disabilities. The complete solicitation for applications is available at http://www.doleta.gov/grants.

©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.

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.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

“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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

The Museum of disABILITY History is dedicated to the collection, preservation and display of artifacts pertaining to the history of people with disabilities. Located in Buffalo, New York, and on the World Wide Web, the Museum offers educational exhibits and activities that expand community awareness.

The Museum of disABILITY History exists to advance the understanding, acceptance and independence of people with disabilities. The Museum’s exhibits, collections, archives and educational programs create awareness and a platform for dialogue and discovery.

The Museum of disABILITY History is open Monday-Friday, 10:00AM – 4:00PM, or by appointment. The Museum is closed on holidays. Admission is Free. The Museum is located at 3826 Main Street, Buffalo, NY 14226.

The Museum of disABILITY History is a project of People Inc. and is chartered by the New York State Department of Education Board of Regents. People Inc. exists so that individuals with disabling conditions or other special needs have the supports they need to participate and succeed in an accepting society.

For more information on the Museum of disABILITY History please visit www.museumofdisability.org

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

©2012 Virginia Disability Law Blog. All Rights Reserved.

If you are a veteran who is disabled, and served on active duty before or after September 11, 2001 you may be able to receive a free Segway that is custom designed for your needs.

In order to qualify for a free Segway, you must have incurred an illness or injury resulting in permanent disability and difficulty walking as a result of one of the following:

Armed Conflict
Hazardous Service
Conditions Simulating War
Instrumentality of War
Combat Operation
Combat Zone

This program is sponsored by the Disability Rights Advocates for Technology, (DRAFT), which is made up of people with disabilities that refuse to be defined by their disability and have a passion for participating in life’s activities. They provide advocacy as well as education services as an advocate for the adoption of Universally Designed Technology Solutions. As part of their mission, they provide Segways for disabled veterans at no charge.

To date Segs4Vets has awarded more than 250 Segways to Veterans who were severely injured while serving our nation in Operations Iraqi Freedom and Enduring Freedom.

Please visit http://www.segs4vets.com for more information and to apply.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

Source: Washington Post (May 25, 2010)

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

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

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

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

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

1. Standard Deduction

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

2. Gross Income

Certain disability-related payments, Veterans Administration disability benefits, and Supplemental Security Income are excluded from gross income.

3. Impairment-Related Work Expenses

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

4. Credit for the Elderly or Disabled

This credit is generally available to certain taxpayers who are 65 and older as well as to certain disabled taxpayers who are younger than 65 and are retired on permanent and total disability.

5. Medical Expenses

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

6. Earned Income Tax Credit

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

7. Child or Dependent Care Credit

Taxpayers who pay someone to come to their home and care for their dependent or spouse may be entitled to claim this credit. There is no age limit if the taxpayer’s spouse or dependent is unable to care for themselves.

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

©2012 Virginia Disability Law Blog. All Rights Reserved.

Michael J. Astrue, Commissioner of Social Security, announced on February 1, 2010 that 15 healthcare providers and networks have received $17.4 million in contract awards to provide electronic medical records to the Social Security Administration (SSA). These electronic medical records, which will be sent through the Nationwide Health Information Network (NHIN), will hopefully shorten the time it takes Social Security to make a disability decision and will improve the speed, accuracy, and efficiency of the disability program.

“Using health information technology will improve our disability programs and provide better service to the public,” Commissioner Astrue said. “We’ve seen a significant increase in disability applications. To process them, the agency sends more than 15 million requests annually for medical records to healthcare providers. This largely paper-bound workload is generally the most time-consuming part of the disability decision process. The use of health IT will dramatically improve the speed, accuracy, and efficiency of this process, reducing the cost of making a disability decision for both the medical community and the American taxpayer.”

The contract awards are funded through the American Recovery and Reinvestment Act (Stimulus). They will require awardees, with a patient’s authorization, to send Social Security electronic medical records through the NHIN. The NHIN, a safe and secure method for receiving access to electronic medical records over the Internet, is an initiative of the Department of Health and Human Services supported by multiple government agencies and private sector entities.

For the last year, Social Security has been successfully testing health IT to obtain electronic medical records. Disability applications processed with electronic medical records from the test sites have significantly reduced processing times. Some decisions are now made in days, instead of weeks or months. Social Security expects to receive more than 3.3 million applications in fiscal year (FY) 2010, a 27 percent increase over FY 2008.

©2012 Virginia Disability Law Blog. All Rights Reserved.

Here is what the census means for people with a disability:

* Helps state and county agencies plan for eligible recipients under the Medicare, Medicaid,and Supplemental Security Income (SSI) programs.

* Distributes funds and develops programs for people with disabilities and the elderly under the Rehabilitation Act.

* Distributes funds for housing for people with disabilities under the Housing and Urban Development Act.

* Allocates funds for mass transit systems to provide facilities for people with disabilities under the Federal Transit Act.

* Awards federal grants, under the Older Americans Act, based on the number of elderly people with physical and mental disabilities.

* Allocates funds to states and local areas for employment and job training programs for veterans and disabled veterans under the Job Training Partnership Act, Disabled Veterans Outreach Program.

* Ensures that comparable public transportation services are available for all segments of the population under the Americans with Disabilities Act.

©2012 Virginia Disability Law Blog. All Rights Reserved.

How to Qualify for SSI:

This first requirement is often the hardest for SSI applicants to meet, in large part because the federal government’s definition of “disabled” is so narrow. In essence, adult SSI applicants who are seeking benefits based on a disability must show that they are almost completely unable to work at any job whatsoever. The applicant must have a physical or mental impairment that makes it impossible for him to engage in any “substantial gainful activity,” and this impairment must be expected to last for longer than one year or to result in death. If an applicant is able to engage in substantial gainful activity, then he will typically not be eligible for SSI. A child applicant must have a physical or mental impairment that results in marked and severe functional limitations and can be expected to last for longer than one year or result in death.

An SSI Beneficiary Must Have Very Limited Resources:

Once an SSI applicant has shown that she is disabled, she must also prove that she has less than $2,000 to her name. If the applicant can use or liquidate an asset to pay for food or shelter, the asset will probably count as a “resource” against this limit. A resource would include any funds held in the applicant’s bank accounts, retirement accounts, or in cash. If the applicant has set up a trust that does not meet specific requirements, the trust funds are also counted against the $2,000 limit. The applicant’s own home will not be considered an available resource, and her car is also exempt. The $2,000 resource limit does not disappear once a person qualifies for SSI. If an SSI beneficiary ends a month with more than $2,000 in her name, she will lose her benefits in the following month.

Income Is Key:

SSI recipients get only a modest monthly benefit, and this sum is reduced by any income they may have. In 2009, the maximum federal SSI benefit was $674 a month, although many states add a small supplement to this. In addition, SSI benefits are reduced by $1 for each dollar of unearned income a beneficiary receives (such as interest or dividends), and by $0.50 for each dollar of earned income (such as wages). SSI benefits are also reduced if an adult beneficiary lives in someone else’s home without paying rent, or if he receives free meals. Finally, the income of the people living with the beneficiary can count against the beneficiary. If the beneficiary’s combined income reduces his SSI benefit to zero, he loses SSI, along with any Medicaid benefits that may come with it.

Supplemental Needs Trusts Can Help:

Although SSI’s income and asset rules are highly restrictive, several types of trusts, called “Special Needs” or “Supplemental Needs” trusts, can protect an SSI beneficiary’s assets while allowing her to maintain SSI eligibility. Relatives and friends of the SSI recipient can also set up a trust for the recipient and fund it with their own money. If properly structured, these trusts also will allow an SSI recipient to continue receiving benefits. Unfortunately, a poorly drafted special needs trust can destroy any hopes an applicant has of ever qualifying for SSI.

Quality Advice Is Necessary:

SSI is a very complicated program with rules that most attorneys who do not focus on this practice area have trouble understanding. Therefore, it is essential to seek out a qualified special needs planner, such as the Attorneys at the Law Firm of Needham Mitnick & Pollack, who can guide you or your family through the complicated process of obtaining and maintaining SSI benefits.

©2012 Virginia Disability Law Blog. All Rights Reserved.