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.”

Metro is reminding riders that priority seats located near the center doors of every rail car are meant for people with disabilities and older adults.As part of the Americans with Disabilities Act (ADA), public transit authorities are required to make priority seating available for people with disabilities and older adults.

While the ADA requires Metro to provide priority seating, it does not allow Metro to enforce it. Therefore customers are asked to be courteous to fellow passengers, pay attention to their surroundings, and keep priority seats available for people who need them. Metro also is encouraging customers who need a seat to be proactive and ask for one.

For more information about accessibility in the Metro system, visit http://www.wmata.com/accessibility or call 202-962-1100 (TTY 202-962-2033).

Although the typical Social Security Disability Insurance (SSDI) recipient has worked for a fairly long time before the onset of his/her disabling condition, an adult who became disabled before turning 22 can also qualify for SSDI if she/he has a parent who meets certain qualifications.

SSDI is a federal program primarily designed to aid people who have become disabled after having worked for a certain amount of time. Unlike Supplemental Security Income (SSI), SSDI is not a needs-based program, which means that there are no income and asset restrictions. Instead, a beneficiary typically has to have paid into the Social Security system for at least 10 years prior to his disability. An SSDI benefit depends on the beneficiary’s income before he/she became disabled, the size of his/her family, and the amount he/she paid into the Social Security system. Finally, SSDI recipients can receive Medicare two years after qualifying for SSDI.

Most people who have a serious disability before turning 22 are not able to assemble the necessary work record to qualify for SSDI on their own. But people in this situation may instead be able to qualify for SSDI on their parents’ work record, in certain situations.

First, the “adult disabled child” (the Social Security Administration’s (SSA) term for a person with a disability that manifested itself before age 22) must be completely disabled according to the SSA’s adult disability standards. Second, the disability must have occurred before the potential beneficiary turned 22. Third, the potential beneficiary’s parent must have paid into the Social Security system for the required number of quarters. Finally, and most importantly, the potential beneficiary’s parent must be either dead, permanently disabled, or receiving Social Security retirement benefits.

If an adult disabled child and her parent meets all of these qualifications, then the “child” should be able to receive a substantial benefit, often greater than an SSI award. On top of the monetary gain, the child does not have to worry about her/his own unearned income or assets, since SSDI does not take these into account. However, if a child earns enough income through employment, the SSA may determine that she is no longer disabled and cancel her SSDI benefits. The parent’s own retirement benefits are not affected by their child’s receipt of SSDI, and the child can still qualify for SSI benefits if her SSDI payments, which count as unearned income for SSI purposes, do not disqualify her/him.

Parents who have not begun to receive their own Social Security income but who think that their child may qualify for SSDI in the future may want to have their child screened by the Social Security system for his disability before he reaches age 22. If this is not possible, it pays to have the child’s physician clearly document all of the information surrounding the child’s disability from as early an age as possible. This way, when the parent does retire, the child has a long record showing the presence of the disabling condition before he/she turned 22, making the SSDI application easier.

Attorney Sheri Abrams can explain the rules for applying for SSDI and can give your family guidance if you think your child may qualify in the future.

Across the United States, people with disabilities with the lowest incomes faced an extreme housing affordability crisis as rents for moderately priced studio and one-bedroom apartments soared above their entire monthly income. The national average rent for a one-bedroom unit climbed to $749 per month in 2008 – higher than $667, the average monthly income of over 4 million people with disabilities.
These shocking statistics are some of the important findings included in Priced Out in 2008 – a study of the severe housing affordability problems of people with disabilities who must survive on incomes far below the federal poverty line.  The study compares the federal Supplemental Security Income (SSI) payments of people with serious and long-term disabilities to U.S. Department of Housing and Urban Development (HUD) Fair Market Rents for modestly priced rental units.  Priced Out is published every two years by the Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD) Housing Task Force to shine a spotlight on our nation’s most compelling – and least understood – housing affordability crisis.
In 2008, 219 housing market areas across 41 states had modest one-bedroom rents that exceeded 100 percent of monthly SSI, including 25 communities with rents over 150 percent. Between 2006-2008, the number of market areas with modest rents higher than SSI rose from 164 to 219 – a 34 percent increase.
Perhaps the most shocking revelation in Priced Out in 2008 is that since 1998 when the first edition of Priced Out was developed, the amount of monthly SSI income needed to rent a modest one-bedroom unit has risen an astonishing 62 percent from 69 percent of SSI in 1998 to 112.1 percent of SSI in 2008.

As stated by Congressman Barney Frank in the Foreword to Priced Out, “The lack of adequate housing is a serious obstacle to a decent life for anyone. It can be particularly troublesome for people dealing with disabilities, for whom the physical and emotional stress of a lack of decent shelter are added burdens for people already doing their best to deal with difficulty.”
While some progress has been made by Federal officials responding to creating additional affordable housing resources, a bolder action is essential to inaugurate a new era in housing policy that places the housing needs of people with disabilities within the mainstream of national housing policy.

TAC and the CCD Housing Task Force urge the federal government to take the following actions:

Enact Section 811 legislation that will create at least 5,000 new units of permanent supportive housing each year.

Provide 10,000 new Housing Choice Vouchers for People with Disabilities in HUD’s annual budget.

Support the Administration’s proposal to appropriate at least $1 billion in funding for the National Affordable Housing Trust Fund.

Remove Barriers to Permanent Supportive Housing in the LIHTC Program.

Facilitate a Coordinated Disability Housing Policy Across the Federal Government.

Reinvigorate Fair Housing Enforcement.
By implementing these recommendations, the federal government will send a powerful message of inclusion to state and local communities, along with the housing resources necessary to finally begin to achieve the vision of community integration for people with disabilities first articulated almost 20 years ago through the ADA.
A copy of Priced Out in 2008 can be found online at http://www.tacinc.org/pubs/pricedout/2008.html. For more information about Priced Out, please contact Emily Cooper at ecooper@tacinc.org or (617) 266-5657 x123.

As the economy worsens, incidences of financial abuse on the disabled are reportedly on the rise. The disabled are particularly vulnerable to scams or to financial abuse by family members in need of money. A recent study found that up to one million disabled Americans may be targeted yearly.  Family members and caregivers are the culprits in 55 percent of cases, although financial losses are higher with investment fraud scams.

While it is impossible to guarantee that an disabled loved one is not the victim of financial abuse, there are some steps you can take to reduce the chances.  One option is to have more than one family member involved in caring for the loved one.  You can also encourage the disabled person to get involved in community activities to ensure he or she has a wide range of support. Using direct deposit as much as possible is also helpful, especially of their Social Security Disability benefits. And of course you should always screen caregivers carefully and verify references.

Financial abuse can be very difficult to detect. The following are some signs that a loved one may be the victim of this kind of abuse:

The disappearance of valuable objects;
Withdrawals of large amounts of money, checks made out to cash, or low bank balances;
A new “best friend” and isolation from other friends and family;
Large credit card transactions;
Signatures on checks look different;
A name added to a bank account or newly formed joint accounts; and
Indications of fear of caregivers.

If you suspect someone of being financially abused, there are several actions you can take:

Report the crime by calling your local Adult Protective Services and state attorney general’s office.

File a police report.
Explore options at your local court. The court can intervene if someone in the family is misusing a power of attorney or their role as guardian or conservator.

Contact advocacy organizations.

State laws vary, but some may be available to get restitution for breach of fiduciary duties.
Try to get a temporary restraining order from a court while building your case.

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.