When a person applies for Social Security disability benefits, the agency conducts a disability review to determine if the applicant is actually “disabled” as defined by federal law. As part of this review, the Social Security Administration (SSA) contacts the applicant’s doctors and other medical providers to discuss the applicant’s medical history and to obtain important medical records that can be used throughout the disability determination process.

Since doctors and hospitals are not allowed to disclose a patient’s medical information to anyone, even the government, without the patient’s permission, the SSA requires all disability applicants to fill out a medical release form, commonly known as an SSA-827, which authorizes the SSA to obtain the required medical information from a medical provider and releases the provider from liability related to the release. Up till now, the SSA has required applicants to print out the form and either mail it into the SSA or bring it into a local office.

Because this procedure often delays the disability application process (the SSA cannot process the application without the signed release in hand), the government has decided to allow applicants for disability benefits to electronically sign the SSA-827 online as an alternative to filing a paper copy. Starting in April, adults with disabilities who are capable of signing their own medical release forms will be able to simply click and sign the SSA-827 as part of the application process. The SSA hopes to expand the electronic signature program to other categories of applicants, like children and people who are operating under a Durable Power of Attorney, in the future. According to the SSA, the new electronic signature option will reduce application processing time by an average of nine days.

To read about the changes on the SSA’s Web site visit www.ssa.gov.

Blog post by Sheri R. Abrams, Attorney at Law
Needham Mitnick & Pollack, plc
www.nmpattorneys.com
www.sheriabrams.com

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

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

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

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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

©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.

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).

©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.

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.

©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.

“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.”

©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.

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.

©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.

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.

“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.”

©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.

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.

©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.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.

©2012 Virginia Disability Law Blog. All Rights Reserved.

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.”

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