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.

Effective January 1, 2011 a new law was imposed by the Commonwealth of Virginia allowing a 100% real estate tax exemption for qualifying disabled armed forces veterans and their spouses.

Pursuant to Article X, Section 6-A of the Constitution of Virginia, the General Assembly exempted from taxation the real property, including the joint real property of husband and wife, of any Veteran who has been approved by the U.S. Department of Veterans Affairs to have a 100% service-connected, permanent and total disability, and who occupies the real property as his/her primary place of residence.

The surviving spouse of a Veteran eligible for the exemption shall also qualify for the exemption, so long as the death of the Veteran occurred on or after January 1, 2011, the surviving spouse does not remarry and the surviving spouse continues to occupy the real property as his/her primary place of residence.

In order to receive this benefit the veteran is required to have a letter of disability from the U.S. Department of Veterans Affairs (1-800-827-1000). The letter will have specific wording that is required by the Commonwealth of Virginia for this exemption. The letter will NOT be automatically provided to the veteran, he or she must request this letter. Virginia Form 21-4138 may be filled out and signed in the Commissioner of Revenue’s office and faxed to the Veterans Affairs office to request the letter on your behalf.

The regional U. S. Dept. of Veterans Affairs office is located at 210 Franklin Road SW, Roanoke, Va. 24011.

When applying with the Commissioner of the Revenue for this exemption the veteran must bring:
1. An original letter of disability issued by the U. S. Department of Veterans Affairs
2. Photo Identification
3. Proof of residence of occupancy – Voter Registration Card

Surviving spouse should bring:
1. Approved and original letter of disability issued by the U. S. Dept. of Veterans Affairs (in the event the veteran was not previously exempted from local real estate taxes)
2. Death certificate to confirm the date is subsequent to December 31, 2010
3. A certificate of marriage from the appropriate State office of records
4. Proof of residence occupancy – Voter Registration Card

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.

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).

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.

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

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

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

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.

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.”

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.

The government is mailing $250 checks this week to seniors and the disabled who fall into the gap in Medicare’s prescription drug coverage. The first checks will be sent June 10, three weeks earlier than scheduled, to about 80,000 people. The rebates are the first step in closing the Medicare “donut hole.” The Department of Health and Human Services estimates that about 4 million seniors will get the rebates in 2010. These payments are part of the new health care reform law.

Seniors and the disabled on Medicare get stuck in the donut hole if their prescription drugs cost too much to be paid for through basic Medicare coverage, but aren’t expensive enough to qualify for catastrophic coverage.

The DC Metro is planning to scale back its MetroAccess service for elderly and disabled people as increasing ridership creates an unsustainable financial burden, Metro officials and board members said. With Metro facing a $189 million gap in its $1.4 billion operating budget this fiscal year, as well as $11 billion in projected capital needs in the coming decade, top Metro officials say the agency cannot afford the mounting costs of paratransit.

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)

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.

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.

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).

Michael J. Astrue, Commissioner of Social Security, announced that Starting March 1, 2010, Social Security is adding 38 more conditions to its list of Compassionate Allowances. This is the first expansion since the original list of 50 conditions – 25 rare diseases and 25 cancers – was announced in October 2008. The new conditions range from adult brain disorders, such as early-onset Alzheimer’s disease, and rare diseases that primarily affect children. The complete list of the new Compassionate Allowance conditions is available if you click here.

“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease,” Commissioner Astrue said. “The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits. It allows Social Security to electronically target and make speedy decisions for the most obviously disabled individuals. In developing the expanded list of conditions, Social Security held public hearings and worked closely with the National Institutes of Health, the Alzheimer’s Association, the National Organization for Rare Disorders, and other groups.

“The diagnosis of Alzheimer’s indicates significant cognitive impairment that interferes with daily living activities, including the ability to work,” said Harry Johns, President and CEO of the Alzheimer’s Association. “Now, individuals who are dealing with the enormous challenges of Alzheimer’s won’t also have to endure the financial and emotional toll of a long disability decision process.”

“We will continue to hold hearings and look for other diseases and conditions that can be added to our list of Compassionate Allowances,” Commissioner Astrue said. “There can be no higher priority than getting disability benefits quickly to those Americans with these severe and life-threatening conditions.”

Data from the U.S. Census is used to assign congressional seats to states, and it directly affects how more than $400 billion per year in federal funding is distributed to state, local and tribal governments. Accurate counts impact several important programs and services that are critical to the disabled community.

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.

Michael J. Astrue, Commissioner of Social Security, and Chubby Checker, Grammy Award winner and rock and roll legend, have launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs. The extra help program currently provides assistance to more than nine million older adults and people with disabilities — saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov.

To qualify for extra help, people must meet certain resource and income limits. The new Medicare law eases those requirements in two ways. First, it eliminates the cash value of life insurance from counting as a resource. Second, it eliminates the assistance people receive from others to pay for household expenses, such as food, rent, mortgage or utilities, from counting as income. There also is another important “twist” in the law. The application for extra help can now start the application process for Medicare Savings Programs — state programs that provide help with other Medicare costs. These programs help pay Medicare Part B (medical insurance) premiums. For some people, the Medicare Savings Programs also pay Medicare Part A (hospital insurance) premiums, if any, and Part A and B deductibles and co-payments.

To learn more about the extra help program and to view the new TV spot featuring Chubby Checker, go to www.socialsecurity.gov/extrahelp.

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.

It is my pleasure to announce that starting this January 2010 I will be joining the law firm of Needham Mitnick & Pollack, as “Of Counsel.”

After being a solo practitioner for the last 15 years I did not enter into this position lightly. However, I feel that this relationship with the wonderful people of this firm will be a benefit to both myself and my clients.

At Needham Mitnick & Pollack I will continue practicing Social Security Disability Law and Special Needs Planning as well as some additional areas in the future.

I will be available to see clients at Needham Mitnick & Pollack’s offices in Falls Church as well as my present office in Fairfax.

Needham Mitnick & Pollack is a well established Elder Law, Estate, Disability & Special Needs Planning law firm that can assist clients with Wills, Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.

For more information on the law firm of Needham Mitnick & Pollack, please click here.

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.

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted by the United Nations General Assembly in 1982, provides an opportunity to mobilize action to achieve the goal of full and equal enjoyment of human rights and participation in society by persons with disabilities.

Globally, almost one in ten people have a disability and recent studies indicate that persons with disabilities constitute up to 20 percent of the population living in poverty in developing countries. Many persons with disabilities continue to face barriers to their participation in their communities and are often forced to live on the margins of society. They often face stigma and discrimination and are routinely denied basic rights such as food, education, employment, access to health, and reproductive health services. Many persons with disabilities are also forced into institutions, a direct breach of the rights to freedom of movement and to live in their communities.

The United Nations has a long history of promoting the rights and well-being of all people, including persons with disabilities. The organization has worked to ensure their full and effective participation in the civil, political, economic, social, and cultural spheres on an equal basis with others in order to achieve a society for all. The organization’s commitment to the full and equal enjoyment of all human rights by persons with disabilities is deeply rooted in a quest for social justice and equity in all aspects of societal development. The World Programme of Action Concerning Disabled Persons and the Standard Rules on Equalization of Opportunities for Persons with Disabilities translated the organization’s commitment into an international policy framework, which has been further strengthened by the Convention on the Rights of Persons with Disabilities, an international legal instrument, to empower persons with disabilities to better their lives and that of their communities around the world.

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.”

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.

The Associated Press reports that millions of older people and the disabled face shrinking Social Security checks next year, the first time in a generation that payments would not rise.

The trustees who oversee Social Security are projecting there won’t be a cost of living adjustment (COLA) for the next two years. That hasn’t happened since automatic increases were adopted in 1975.By law, Social Security benefits cannot go down.

Nevertheless, monthly payments would drop for millions of people in the Medicare prescription drug program because the premiums, which often are deducted from Social Security payments, are scheduled to go up slightly.

“I will promise you, they count on that COLA,” said Barbara Kennelly, a former Democratic congresswoman from Connecticut who now heads the National Committee to Preserve Social Security and Medicare. “To some people, it might not be a big deal. But to seniors, especially with their health care costs, it is a big deal.”

Cost of living adjustments are pegged to inflation, which has been negative this year, largely because energy prices are below 2008 levels.

Advocates say older people and the disabled still face higher prices because they spend a disproportionate amount of their income on health care, where costs rise faster than inflation. Many also have suffered from declining home values and shrinking stock portfolios just as they are relying on those assets for income.

“For many elderly, they don’t feel that inflation is low because their expenses are still going up,” said David Certner, legislative policy director for AARP. “Anyone who has savings and investments has seen some serious losses.”

About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit for retirees is $1,153 this year. All beneficiaries received a 5.8 percent increase in January, the largest since 1982.

More than 32 million people are in the Medicare prescription drug program. Average monthly premiums are set to go from $28 this year to $30 next year, though they vary by plan. About 6 million people in the program have premiums deducted from their monthly Social Security payments, according to the Social Security Administration.

Millions of people with Medicare Part B coverage for doctors’ visits also have their premiums deducted from Social Security payments. Part B premiums are expected to rise as well. But under the law, the increase cannot be larger than the increase in Social Security benefits for most recipients.

There is no such hold-harmless provision for drug premiums.

Kennelly’s group wants Congress to increase Social Security benefits next year, even though the formula doesn’t call for it. She would like to see either a 1 percent increase in monthly payments or a one-time payment of $150.

The cost of a one-time payment, a little less than $8 billion, could be covered by increasing the amount of income subjected to Social Security taxes, Kennelly said. Workers only pay Social Security taxes on the first $106,800 of income, a limit that rises each year with the average national wage.

But the limit only increases if monthly benefits increase.

Critics argue that Social Security recipients shouldn’t get an increase when inflation is negative. They note that recipients got a big increase in January – after energy prices had started to fall. They also note that Social Security recipients received one-time $250 payments in the spring as part of the government’s economic stimulus package.

Consumer prices are down from 2008 levels, giving Social Security recipients more purchasing power, even if their benefits stay the same, said Andrew G. Biggs, a resident scholar at the American Enterprise Institute, a Washington think tank.

“Seniors may perceive that they are being hurt because there is no COLA, but they are in fact not getting hurt,” Biggs said. “Congress has to be able to tell people they are not getting everything they want.”

Social Security is also facing long-term financial problems. The retirement program is projected to start paying out more money than it receives in 2016. Without changes, the retirement fund will be depleted in 2037, according to the Social Security trustees’ annual report this year.

President Barack Obama has said he would like tackle Social Security next year, after Congress finishes work on health care, climate change and new financial regulations.

Lawmakers are preoccupied by health care, making it difficult to address other tough issues. Advocates for older people hope their efforts will get a boost in October, when the Social Security Administration officially announces that there will not be an increase in benefits next year.

“I think a lot of seniors do not know what’s coming down the pike, and I believe that when they hear that, they’re going to be upset,” said Sen. Bernie Sanders, an independent from Vermont who is working on a proposal for one-time payments for Social Security recipients.

“It is my view that seniors are going to need help this year, and it would not be acceptable for Congress to simply turn its back,” he said.

President Barack Obama signed the Convention on the Rights of Persons with Disabilities on the 19th anniversary of the Americans with Disabilities Act.

By signing the convention, the United States joins more than 100 countries in supporting the United Nations effort to remove barriers for the estimated 650 million people around the world with disabilities.

Specifically, the treaty seeks to expand community access and employment opportunities while improving the standard of living for people with disabilities.

The convention became available for countries to sign onto in 2007. Obama indicated his support for it while campaigning for president.

“This treaty is good for America, good for people with disabilities and good for the world,” says Marca Bristo, president of The United States International Council on Disabilities.  “By signing this treaty the U.S. is reaffirming its commitment to basic human rights of all people with disabilities and positioning us to better contribute our expertise on the global level.”