Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. SSI is often confused with Social Security Disability Insurance (SSDI). One of the main differences between the two programs is that SSDI is available to people with disabilities no matter how much money they earn or have, while SSI places very strict limits on a recipient’s income and assets. However, in most states, an SSI beneficiary who receives even $1 from the program also qualifies for Medicaid health coverage, which can be far more valuable than SSI’s benefit itself.

How to Qualify for SSI:

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

An SSI Beneficiary Must Have Very Limited Resources:

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

Income Is Key:

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

Supplemental Needs Trusts Can Help:

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

Quality Advice Is Necessary:

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

From USA Today: Years after passage of the ADA, separation of Church and State means that houses of worship remain beyond the law’s reach. State laws meant to tackle this problem face many problems. Not only are they tricky to enforce, but places of worship say that they are costly and impractical. The definition of what is “reasonable accommodation” for one, may not apply to another. Enforcement, therefore, is left up to local officials.

From the Associated Press: A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun.

Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year.

The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife.

But the payments dried up this fall and when Blanchard called Manulife, she says she was told she was available to work because of Facebook.

She said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday.

Blanchard said Manulife told her it’s evidence she is no longer depressed. She’s fighting to get her benefits reinstated and says her lawyer is exploring what the next step should be.

Blanchard told the CBC that on her doctor’s advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Manulife wouldn’t comment on Blanchard’s case, but did say they would not deny or terminate a claim solely based on information published on Web sites such as Facebook.

Michael J. Astrue, Commissioner of Social Security, today hosted the agency’s fifth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and Social Security executives. They heard testimony from some of the nation’s leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.

“Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties,” said Commissioner Astrue. “The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness. This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella.”

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security’s standards. “Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need,” Commissioner Astrue said. “This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months.”

Fairfax Virginia Attorney Sheri Abrams’ blog “Virginia Disability Law Blog” has been chosen as one of the National Top 100 Legal Blogs by Attorney.org.

President Barack Obama just signed hate crime legislation that extends federal hate crimes to include those committed against people because of gender, sexual orientation, gender identity or disability. It also loosens limits on when federal law enforcement can intervene and prosecute crimes.

Obama said in East Room reception, surrounded by supporters, “No one in America should be forced to look over their shoulder because of who they are, or because they live with a disability.”

For more on this new law, please click here.

The Circle of Support Conference is a conference for families of children with special needs and the professionals who work with them. The conference is sponsored by the ARC of Prince William County.

The conference is taking place on Saturday, November 7, 2009 from 8:30 AM until 3:30 PM.

The conference is taking place at: Hylton High School, 14051 Spriggs Road, Woodbridge, VA 22193.

For info about this conference please see this website: http://arcgpw.org/

Ms. Abrams will be speaking on The In’s and Out’s of Qualifying for Social Security Disability & SSI Benefits –

In this workshop, Sheri Abrams will discuss what social security disability and SSI benefits are, who qualifies for them (with emphasis on families of children with special needs), how the application and appeal process work, what to do if denied benefits, and when to hire an attorney and the costs involved. Sheri R. Abrams is an attorney specializing in Social Security Disability law and the preparation of wills, special needs trusts, living wills, financial powers of attorney, and health care powers of attorney. She is a sole practitioner in Fairfax, VA.

Associated Press – The Social Security Administration makes it official Thursday: There will be no cost of living increase for Social Security recipients next year, the first year without one since automatic adjustments were adopted in 1975.

The announcement comes as President Barack Obama and key members of Congress call for a second round of $250 payments to more than 50 million seniors, veterans, retired railroad workers and people with disabilities.

The payments would be equal to about a 2 percent increase for the average Social Security recipient. The cost: $13 billion.

Obama called on Congress Wednesday to approve the payments, and several key members of Congress said they would.

“This additional assistance will be especially important in the coming months, as countless seniors and others have seen their retirement accounts and home values decline as a result of this economic crisis,” Obama said in a statement.

Blame falling consumer prices for no automatic increase next year. By law, Social Security’s cost-of-living adjustment, or COLA, is pegged to inflation, which was negative this year, due largely to falling energy costs.

The $250 payments would go to Social Security recipients as well as those receiving veterans benefits or disability benefits, railroad retirees and retired public employees who don’t receive Social Security. Recipients would be limited to one payment, even if they qualified for more.

Obama said he would not allow the payments to come out of the Social Security trust funds and further erode the finances of the retirement program. Social Security already is projected to pay out more in benefits than it collects in taxes in each of the next two years.

However, Obama did not offer any alternatives to finance the payments. A senior administration official said Obama was open to borrowing the money, increasing the federal budget deficit. The official, who requested anonymity, was not authorized to speak on the record.

The $250 payments would match the ones issued to seniors earlier this year as part of the massive economic recovery package enacted in February. Those, too, were financed with borrowed money.

Senate Majority Leader Harry Reid, D-Nev., said he supports sending out another round of payments, as did Rep. Charles Rangel, D-N.Y., chairman of the Ways and Means Committee, which has jurisdiction over Social Security in the House.

Other lawmakers said Social Security recipients shouldn’t get the extra payments because the formula doesn’t call for it.

“I think it would be inappropriate,” said Sen. Judd Gregg, R-N.H. “The reason we set up this process was to have the Social Security reimbursement reflect the cost of living.”

Social Security payments increased by 5.8 percent in January, the largest increase since 1982. The big increase was largely because of a spike in energy costs in 2008.

Inflation has been negative this year as gasoline prices have dropped 30 percent and overall energy costs have dropped 23 percent, according to the Bureau of Labor Statistics.

Social Security payments, however, cannot go down. The average monthly Social Security payment for all Social Security recipients is $1,094.

Productivity and Processing Times Also Improve

Michael J. Astrue, Commissioner of Social Security, today announced that for the first time since 1999, the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to 760,813 hearings pending at the start of the year, a reduction of more than 37,000 cases. Over the same period, the average processing time for these cases improved from 514 days in FY 2008 to 491 in FY 2009.

“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said. “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months. Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”

To achieve its backlog reduction goals, the agency has embarked on the largest expansion in decades of its capacity to hear disability appeals. This year, the agency hired 147 new Administrative Law Judges (ALJs) and 850 support staff and plans to hire 226 additional ALJs plus support staff in FY 2010. To provide flexibility to assist the most backlogged hearing offices, the agency opened three new National Hearing Centers (NHCs) in Albuquerque, New Mexico; Baltimore, Maryland; and Chicago, Illinois. The agency also has aggressive plans to open 14 new hearing offices and 4 satellite offices by the end of next year with the first of those new offices opening in Anchorage, Alaska in the next few months.

In addition to reducing the number of cases awaiting a hearing decision, the agency again targeted the oldest and most difficult cases for processing. Beginning in FY 2007 with 65,000 cases that were 1,000 days old or older, the agency has continually attacked its “aged” cases. This year, the agency targeted 166,838 cases that were 850 days or older and virtually eliminated this entire universe of cases. The goal in FY 2010 has been reset again to eliminate cases over 825 days old.

Social Security’s ALJs also continue to increase their productivity. The agency averaged 570 dispositions (2.28 per day) per available ALJ in FY 2009, an upward trend that has continued for the last three years.

From the White House (10/5/09):

FOR IMMEDIATE RELEASE

Washington, D.C. – President Obama today announced that his Administration is taking several steps to ensure that there is fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The announcement comes during National Disability Employment Awareness Month.

“My Administration is committed to ensuring that all Americans have the chance to fulfill their potential and contribute to our nation,” said President Obama. “Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need to succeed. As the nation’s largest employer, the Federal Government and its contractors can lead the way by implementing effective employment policies and practices that increase opportunities and help workers achieve their full potential. We must also rededicate ourselves to fostering an inclusive work culture that welcomes the skills and talents of all qualified employees. That’s why I’ve asked the responsible agencies to develop new plans and policies to help increase employment across America for people with disabilities.”

The following are some of the steps the Obama Administration will take:

•The Office of Personnel Management (OPM) and Department of Labor’s Office of Disability Employment Policy (ODEP) will collaborate to sponsor and organize a day long Federal Government-wide job fair for people with disabilities. The Fair will take place in early spring 2010. In addition to the Job Fair, OPM, ODEP, the Equal Employment Opportunity Commission (EEOC) and the Department of Defense’s office on Computer and Electronic Accommodations Program (CAP) will provide workshops throughout the day on a variety of topics including the Schedule A hiring waiver and the right to the provision of reasonable accommodations including information on assistive and communications technology.

•OPM will develop training on Schedule A for federal Human Resources specialists, hiring managers and selective placement coordinators that will be easily accessible and includes on line training.

•EEOC and the Department of Justice’s Civil Rights Division will hold four Town Hall meetings throughout the nation to share information about the ADA Amendments Act proposed regulations and to gather comments on them. All Town Hall meetings will consist of two sessions – one for disability advocates and one for the employer community. These sessions will be completed by November 20th. The four locations are Philadelphia, Chicago, San Francisco, and New Orleans.

•The Department of Justice will release a video that will identify and respond to a number of common myths held by employers about workers with disabilities.

•OPM will create and lead a task force comprised of representatives from key Federal Departments and Agencies that have developed and implemented model practices for recruiting, retaining and advancing employees with disabilities. The task force will report on the innovative practices agencies use to encourage the employment of individuals with disabilities. The report will identify and promote successful practices for conducting outreach, recruiting, hiring qualified candidates, successful accommodations, and providing opportunities for career advancement at all levels.

October 14, 2009 – 3:00 p.m.

The Lupus Foundation of America is proud to present live moderated chats, featuring the nation’s leading experts in lupus. This is your opportunity to ask a question and learn more about lupus from thought leaders in a number of medical disciplines associated with lupus.

The LFA welcomes Ms. Sheri R. Abrams. Ms. Abrams is a Fairfax, Virginia, Attorney dedicated to helping people with Social Security Disability Benefits issues, as well as working with people to prepare Special Needs Trusts, Wills, Living Wills, a Health Care Power of Attorney, or a Financial Power of Attorney.

Ms. Abrams is a solo practitioner in Virginia, whose niche-within-a-niche is in the Special Needs area of estate planning, which requires additional care and experience, to properly understand and meet the needs of the community involved.

Ms. Abrams has received an AV Superior Rating, the highest ranking possible in the Martindale-Hubbell Law Directory.

For more information on this webchat please click here.

Michael J. Astrue, Commissioner of the Social Security Administration, announced that the agency has entered into an agreement with Microsoft to test the use of Microsoft’s HealthVault application in the disability process.

HealthVault is a free online service that enables people to gather, store and manage their families’ health information, and share that information with their physicians and healthcare providers.   These “personal health records” contain the same types of information that Social Security generally obtains from people applying for disability benefits.

The use of personal health records holds great promise for ensuring that the medical information we collect from someone applying for disability benefits is accurate and complete,” Commissioner Astrue said. “Combined with other advancements in health information technology, our use of HealthVault should result in faster decisions for disability applicants. I look forward to working closely with Microsoft, a world-wide leader in information technology.”

Social Security and Microsoft are developing a technical prototype connecting the two organizations that will be available later this year. The agency also will collaborate with Microsoft to study current personal health record standards, gaps in those standards, and options for filling those gaps.

Bills have been introduced in the House of Representatives and the Senate to phase out, over the next ten years, the Medicare 24-month waiting period. S. 700, introduced by Sen. Jeff Bingaman (D-NM), and H.R.1708introduced by Rep. Gene Green (D-TX), also would, upon enactment, eliminate the waiting periodfor those individuals with “life-threatening conditions.”

Sheri Abrams, Attorney at Law, know all too well the hardships faced by clients if they are caught in the 24-month waiting period once cash benefits are awarded. Those individuals found eligible most quickly usually have the most serious medical conditions, yet they will need to wait for Medicare coverage at the time when they need it the most. There have been indications that the waiting period will be an issue in the expected debate over health care reform. Nevertheless, Sen. Bingaman and Rep. Green, longtime advocates for elimination of the waiting period, decided to reintroduce their legislation.

The bills would phase out the 24-month waiting period over the next 10 years. In 2010, it would be reduced to 18 months and then reduced by 2 months each year until January 2019, when it would be totally eliminated.
Under current law, the Medicare waiting period does not apply to only two conditions: (1) end-stage renal disease and (2) amyotrophic lateral sclerosis, (ALS or “Lou Gehrig’s disease”). The bills would extend the exception to all “life-threatening conditions.” These are not delineated in the bills, but are defined as conditions that are “fatal without medical treatment.” The Secretary of Health and Humans Services would be responsible for compiling a list of such conditions, with regular updates. To compile the list, the Secretary would be required to consult with various federal health agencies and to annually review the SSA “compassionate allowances” list.

Access to affordable health care through the Medicaid program is one of the great benefits afforded to most recipients of Supplemental Security Income (SSI). In many states, full Medicaid coverage is often equal to, or even better than, many private health insurance plans, allowing SSI beneficiaries and other Medicaid recipients to effectively manage their illness or disability.

However, many Medicaid recipients don’t realize that their health insurance coverage may not provide a full set of benefits should they require care while out of state. For example in some states Medicaid only covers out-of -state emergency room visits to stabilize emergency conditions. Should a beneficiary need to be admitted to a hospital in another state or if he must receive essential, regular psychiatric care or medications from an out-of-state provider, some states will not pay for the services through Medicaid. In these situations, a caregiver or other family member is often required to sign an agreement to pay for the services before the person with special needs can receive care.

Since Medicaid is administered as a joint program between the state and federal governments, each individual state has its own rules regarding out-of-state Medicaid coverage. If a loved one with special needs is planning to take an out-of-state trip, or if you live near your state border and travel between states for work or recreation, it makes sense to find out your states out-of-state Medicaid rules. By investing the time now you could save thousands of dollars in medical bills down the road.

Social Security Announces Nationwide Launch of Compassionate Allowances

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

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

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

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

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

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

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

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

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