Electronic Medical Records Will Reduce Time for a Decision

The Social Security Administration and the Department of Defense (DoD) are working together to improve access to disability benefits for the nation’s Wounded Warriors, service members, veterans, and their dependents. A new nationwide project enables Social Security disability case processing sites to receive military medical records from multiple DoD facilities with a single request to a centralized DoD site. As of April 30, 2012, this initiative is in its first phase of nationwide expansion.

“Receiving electronic medical records for our Wounded Warriors and other military personnel will significantly shorten the time it takes to make a disability decision,” said Michael J. Astrue, Commissioner of Social Security. “This new process will improve the speed, accuracy, and efficiency of the disability program.”

Originally a pilot, the program included five states (Colorado, North Carolina, Oregon, Virginia, and Washington) and more than 60 military treatment facilities. These states are now receiving electronic medical records within 72 hours, a remarkable improvement over the previous average response time of five weeks for paper records from individual military treatment facilities.

The new DoD-Social Security collaboration consolidates requests for medical records from Social Security to a single location that has access to DoD records in a central electronic repository.

The benefits of the new process include:

• faster delivery of DoD medical records to Social Security,
• a more efficient system to obtain records,
• a reduction in the time it takes to make a medical decision on a disability claim, and
• a reduction in the number of consultative examinations (medical exams requested by Social Security when additional tests or medical records are needed.)

This is the first step towards the long-term goal of a fully automated solution of improving medical information sharing using health information technology and the Nationwide Health Information Network Exchange.

More information on Social Security’s use of health IT is available at www.socialsecurity.gov/hit.

Michael J. Astrue, Commissioner of Social Security, has just announced an online version of the Social Security Statement is now available at www.socialsecurity.gov. The new online Statement provides eligible workers with secure and convenient access to their Social Security earnings and benefit information.

“Our new online Social Security Statement is simple, easy-to-use and provides people with estimates they can use to plan for their retirement,” Commissioner Astrue said. “The online Statement also provides estimates for disability and survivors benefits, making the Statement an important financial planning tool. People should get in the habit of checking their online Statement each year, around their birthday, for example.”

In addition to helping with financial planning, the online Statement also provides workers a convenient way to determine whether their earnings are accurately posted to their Social Security records. This feature is important because Social Security benefits are based on average earnings over a person’s lifetime. If the earnings information is not accurate, the person may not receive all the benefits to which he or she is entitled. The online Statement also provides the opportunity to save or print the personalized Statement for financial planning discussions with family or a financial planner.

To get a personalized online Statement, people age 18 and older must be able to provide information about themselves that matches information already on file with Social Security. In addition, Social Security uses Experian, an external authentication service provider, for additional verification. People must provide their identifying information and answer security questions in order to pass this verification. Social Security will not share a person’s Social Security number with Experian, but the identity check is an important part of this new, verification process.

Once verified, people will create a “My Social Security” account with a unique user name and password to access their online Statement. In addition, the portal also includes links to information about other online services, such as applications for retirement, disability and Medicare.

It is important to note, however, Social Security anticipates some members of the public will not be able to be verified through this process. Some people may not correctly answer the security questions based on information on file with Experian, and others may supply identifying information that does not match their Social Security records. In instances where this occurs, people will have the option to request a paper Social Security Statement be mailed to them. People who cannot verify online initially also may visit their local Social Security office and present an identity document in order to create an account and gain access to the online version of the Statement.

In February 2012, Social Security resumed mailing paper Statements to workers age 60 and older if they are not already receiving Social Security benefits. Later this year, the agency plans to mail paper Statements to workers in the year they reach age 25.

For more information about the new online Statement, please go to www.socialsecurity.gov/mystatement.

Applying for Social Security disability benefits just became a little easier.

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

Michael J. Astrue, Commissioner of Social Security, today announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders. In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

New Compassionate Allowances Conditions:

Aicardi-Goutieres Syndrome

Alobar Holoprosencephaly

Alpers Disease

Alpha Mannosidosis

Carcinoma of Unknown Primary Site

Cerebrotendinous Xanthomatosis

Child Neuroblastoma

Child Non-Hodgkin Lymphoma

Chondrosarcoma with multimodal therapy

Cornelia de Lange Syndrome-Classic Form

Ewings Sarcoma

Follicular Dendritic Cell Sarcoma with metastases

Fucosidosis – Type 1

Galactosialidosis – Early Infantile Type

Glioma Grade III and IV

Hallervorden-Spatz Disease

Hepatoblastoma

Histiocytosis

Hutchinson-Gilford Progeria Syndrome

Hydranencephaly

Hypocomplementemic Urticarial Vasculitis

Hypophosphatasia Perinatal lethal Form

I Cell disease

Infantile Free Sialic Acid Storage Disease

Juvenile Onset Huntington Disease

Kufs Disease Type A and B

Lissencephaly

Lymphomatoid Granulomatosis Grade III

Malignant Brain Stem Gliomas–Childhood

Malignant Melanoma with metastases

Mastocytosis Type IV

Medulloblastoma with metastasis

Merkel Cell Carcinoma with metastases

Myocolonic Epilepsy

Ragged Red Fibers Syndrome

Nephrogenic Systemic Fibrosis

Obliterative Bronchiolitis

Ohtahara Syndrome

Orthochromatic Leukodystrophy with Pigmented Glia

Pearson Syndrome

Pelizaeus-Merzbacher Disease Classic Form

Pelizaeus-Merzbacher Disease Connatal Form

Peripheral Nerve Cancer metastatic or recurrent

Perry Syndrome

Rhabdomyosarcoma

Rhizomelic Chondrodysplasia Punctata

Schindler Disease Type 1

Smith Lemli Opitz Syndrome

Spinal Nerve Root Cancer- metastatic or recurrent

Stiff Person Syndrome

Tabes Dorsalis

Wolf-Hirschhorn Syndrome

Xeroderma Pigmentosum

For more information on the Compassionate Allowances

please visit www.socialsecurity.gov/compassionateallowances.

As of March 16, 2012, the Social Security Administration will now require representatives to file Appeals electronically.

Now when filing either a Request for Reconsideration or for a Hearing Before an Administrative Law Judge (ALJ), representatives and Attorneys must do so electonically.

SSA will provide a webcast informing representatives and attorneys of this Appeal change on March 7, 2012.

National Work Incentives Seminar Event (WISE) Webinar Ticket to Work: Support Services for People Who Have a Disability and Are Ready to Work Wednesday, December 21, 2011, 3:00 PM, EST

If you are a Social Security disability beneficiary and want to make more money through work, Ticket to Work can provide the support you need to transition to greater financial independence and self-sufficiency.  The December 21 national WISE webinar will present information about special Social Security programs and rules that may apply to you! You will hear from Work Incentives Planning & Assistance (WIPA) projects, Employment Networks, State Vocational Rehabilitation (VR) Agencies, and Protection & Advocacy organizations about: • Ticket to Work & Work Incentives • Frequently asked questions • Where to find more information

 Date: December 21, 2011 Time: 3:00 p.m. EST Register online at www.chooseworkttw.net/wise/jsp/wise.jsp  or call 1-866-968-7842 or 1-866-833-2967 (TTY/TDD)

Approximately 2 days before the event, you will receive an email with instructions on how to log in to the webinar. The instructions will also include a link and access code for closed-captioning and a link to download the presentation materials in fully accessible PDF and text-only versions.   Please be sure to check your spam folder. Registration information will also be available online the day of the webinar.

Michael J. Astrue, Commissioner of Social Security, announced  on October 13, 2011, 13 new Compassionate Allowances conditions involving the immune system and neurological disorders.   The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.   Commissioner Astrue made the announcement during his remarks at the U.S. Conference on Rare Diseases and Orphan Products in Washington, D.C. “Social Security handles more than three million disability applications each year and we need to keep innovating and making our work more efficient,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions. Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 13 new conditions, effective in December, will increase the total number of Compassionate Allowances conditions to 113. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, idiopathic pulmonary fibrosis, and other disorders.

In addition, the agency recently streamlined its online disability application for people who have a condition on the Compassionate Allowances list.

New Compassionate Allowances Conditions

Malignant Multiple Sclerosis
Paraneoplastic Pemphigus
Multicentric Castleman Disease
Pulmonary Kaposi Sarcoma
Primary Central Nervous System Lymphoma
Primary Effusion Lymphoma
Angelman Syndrome
Lewy Body Dementia
Lowe Syndrome
Corticobasal Degeneration
Multiple System Atrophy
Progressive Supranuclear Palsy
The ALS/Parkinsonism Dementia Complex

Congressional Budget Cuts Force Reduced Public Hours

Effective August 15, 2011, local Social Security offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

 “While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security.   “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

 Most Social Security services do not require a visit to a local office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform Social Security of a change of address or telephone number may do so at www.socialsecurity.gov or by dialing their toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

Fast Track Disability Process Will Now Look at 100 Conditions

Michael J. Astrue, Commissioner of Social Security, today announced 12 additional Compassionate Allowances conditions involving severe heart diseases, bringing the total number of conditions in the expedited disability process to 100. Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children.

“We have reached a significant milestone for the Compassionate Allowances program,” Commissioner Astrue said. “We have an obligation to award benefits quickly to people whose medical conditions are so serious they clearly meet our disability standards. We are now able to do precisely that for 100 severe conditions.”

The Compassionate Allowances initiative is one of two parts of the agency’s fast-track system for certain disability claims. When combined with the Quick Disability Determination process, Social Security last year approved more than 100,000 cases, usually in less than two weeks. This year, the agency expects to fast-track nearly 150,000 cases.

Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify additional ways to improve the disability process for applicants with Compassionate Allowances conditions. “By definition, these illnesses are so severe that we don’t need to fully develop the applicant’s work history to make a decision,” said Commissioner Astrue. As a result, beginning in August, Social Security is eliminating this part of the application process for people who have a condition on the list.

For more information on the Compassionate Allowances initiative, please click here

New Compassionate Allowances Conditions:

Aortic Atresia

Left Ventricular Assist Device (LVAD) Recipient

Eisenmenger Syndrome

Mitral Valve Atresia

Endomyocardial Fibrosis

Primary Cardiac Amyloidosis

Heart Transplant Graft Failure

Pulmonary Atresia

Heart Transplant Wait List – 1A/1B

Single Ventricle

Hypoplastic Left Heart Syndrome

Tricuspid Atresia

On March 16, 2011, Michael J. Astrue, Commissioner of Social Security, will hold the seventh Compassionate Allowances Outreach Hearing in Baltimore, MD. The subject of the hearing is autoimmune disease. Compassionate Allowances are a way of providing benefits quickly to people whose medical conditions are so serious that their conditions obviously meet SSA’s disability standards.

For over seventy-five years, Social Security has provided hundreds of millions of Americans with an economic safety net. As the baby boomers retire and reach their disability-prone years, Social Security’s workloads continue to grow. In addition, the economic downturn has greatly increased the demand for our services. Despite this dramatic growth in our work, through increased employee productivity, new initiatives, and improved funding we have reversed a trend of declining service and an increasing backlog in our disability workloads.

The President’s budget request of $12.522 billion for Social Security’s administrative expenses will allow us to maintain staffing in our front-line components, fund ongoing activities, and cover our inflationary increases. It will allow us to reduce our hearings and initial disability claims backlogs, and to continue to reverse the decline in our program integrity work. Program integrity work not only pays for itself, but also produces considerable savings to the taxpayers.

Full funding by Congress of the President’s budget request is critical. This budget request is the minimum the agency needs to continue to reduce key backlogs and to increase deficit-reducing program integrity work. It will allow us to build on the considerable progress we have achieved, progress that is vital to the millions of people who depend on our services and to the American taxpayer.

For more information about the President’s 2012 budget request for Social Security, visit www.socialsecurity.gov/budget.

The Social Security Administration has just announced the amounts they will use to calculate various programs and eligibility, and the amount paid to SSI beneficiaries.

As you can see below, there have been no changes from the 2010 amounts except for an increase in the Medicare Part B premiums.

The Substantial Gainful Activity (SGA) amount for individuals with disabilities, other than blindness, is $1,000 for 2011. The amount is unchanged from 2010.

The SGA amount for individuals who are blind is $1,640 for 2011. The amount is unchanged from 2010.

The monthly earnings amount that we use to determine if a month counts for the Trial Work Period (TWP) is $720 for 2011. The amount is unchanged from 2010.

For 2011, the Supplemental Security Income (SSI) Federal Benefit Rates (FBR) are $674 for an eligible individual and $1,011 for an eligible couple. The amounts are unchanged from 2010.

For 2011, the monthly Medicare Part B premium increases to $114.50.

The Social Security Administration (SSA) is changing the way Social Security Numbers (SSNs) are issued. This change is referred to as “randomization.” The SSA is developing this new method to help protect the integrity of the SSN. SSN Randomization will also extend the longevity of the nine-digit SSN nationwide.

The SSA began assigning the nine-digit SSN in 1936 for the purpose of tracking workers’ earnings over the course of their lifetimes to pay benefits. Since its inception, the SSN has always been comprised of the three-digit area number, followed by the two-digit group number, and ending with the four-digit serial number. Since 1972, the SSA has issued Social Security cards centrally and the area number reflects the state, as determined by the ZIP code in the mailing address of the application.

There are currently 435 million numbers available for assignment. However, the current SSN assignment process limits the number of SSNs that are available for issuance to individuals by each state. Changing the assignment methodology will extend the longevity of the nine digit SSN in all states.

SSN randomization will affect the SSN assignment process in the following ways:

* It will eliminate the geographical significance of the first three digits of the SSN, currently referred to as the area number, by no longer allocating the area numbers for assignment to individuals in specific states.

* It will eliminate the significance of the highest group number and, as a result, the High Group List will be frozen in time and can be used for validation of SSNs issued prior to the randomization implementation date.

* Previously unassigned area numbers will be introduced for assignment excluding area numbers 000, 666 and 900-999.

The Social Security Administration just announced that Retirees will no longer be able to pay back benefits already received in exchange for higher Social Security payments going forward.

A little-known provision of Social Security law previously allowed individuals to begin payments at age 62, pay back all the benefits received at age 70 without interest, and then reclaim at a higher rate due to delayed claiming.

Under the new rules, Social Security beneficiaries may withdraw an application for retirement benefits only within 12 months of their first Social Security payment and are limited to one withdrawal per lifetime.

Another way Social Security beneficiaries were previously allowed to boost their checks was by suspending benefits already received retroactively, repaying the amount received, and then getting higher checks going forward. The new rules allow retirees to voluntarily suspend benefits only for months in which they did not receive payments. Beneficiaries may also suspend future payments beginning the month after the request is made.

These changes will be applied only to old-age benefit recipients, not survivor and disability beneficiaries.

New Rules Will Further Speed Benefits to Tens of Thousands of Americans with Disabilities

Michael J. Astrue, Commissioner of Social Security, just announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average. The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules . . . will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said. “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”

Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and can quickly obtain medical evidence. The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at www.regulations.gov. They will be effective on November 12, 2010.

Additional information about Social Security’s Compassionate Allowances process is available at www.socialsecurity.gov/compassionateallowances.

SSA Webinar on September 21: Tips for People Who Receive Social Security

SSA is holding webinars on its website, www.socialsecurity.gov, on a variety of topics. Coming up on Tuesday, September 21, 2010, at 2:00 p.m. ET, is the following webinar:

Using socialsecurity.gov: Tips for People Who Receive Social Security:

There are many Social Security services available online. You can replace a Medicare card, request a proof of income letter, change your address or phone number, start or change direct deposit, get or change a password or receive updates by email. Social Security will give you some tips on how to make the most of using those services.

You can sign up for the webinar on Social Security’s home page, www.socialsecurity.gov. Scroll down to the bottom of the center column to “Watch Our Webinars.” Double click on “Learn More.” You will be directed to a description and link to RSVP for the webinar.

Michael J. Astrue, Commissioner of Social Security, announced that benefit checks are being delivered to some Atlantic coast residents on Thursday, September 2nd, before the arrival of Hurricane Earl and ahead of the regular September 3rd payment date. About 737,000 beneficiaries in South Carolina, North Carolina, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Rhode Island, Massachusetts, and Washington, D.C. are affected by this early check delivery.

“Delivering checks early to these residents eliminates one concern beneficiaries might have as they prepare for the storm,” Commissioner Astrue said. “As beneficiaries take steps to ensure their own safety, this is one step we can take to help them. They should also be aware that Direct Deposit is a more secure and convenient way to receive payments, particularly when natural disasters strike.”

Social Security worked closely with the U.S. Postal Service and the Department of the Treasury to make the early delivery of checks possible.

A little-known strategy that allows Social Security recipients to boost their income by repaying retirement benefits received in earlier years and then claiming a bigger monthly retirement check based on their greater age may soon disappear. The Social Security Administration (SSA) is moving to eliminate the do-over strategy. If the agency gets its way, the rule could take effect within months. If you or someone you know might benefit from the payback strategy, now is the time to consider it and come to a decision. Putting it off could mean letting the government make the decision for you — by eliminating the opportunity. Retirees can collect Social Security benefits as early as age 62, but monthly payments are reduced by 25 percent compared with what they would be if claimed at full retirement age, which is 66 for those who claim benefits this year. Those who are willing to wait past age 66 can boost their benefits by 8 percent for every year they delay, up to age 70, increasing annual benefits to 132 percent of their base amount. In 2007, about 500 people — out of more than 37 million retirees and their dependents receiving benefits — took advantage of the payback option. By 2009, the number had nearly doubled as more retirees learned how they could repay their benefits, interest- and penalty-free, and restart them at a higher level. As a bonus, those who repay benefits can claim a tax credit or a tax deduction — whichever results in a bigger tax break — for any income taxes paid on the benefits as they received them.

Source: Washington Post (August 29, 2010)

Most Medicare beneficiaries will continue to pay the same $96.40 Part B premium amount in 2010. Beneficiaries who currently have the Social Security Administration (SSA) withhold their Part B premium and have incomes of $85,000 or less (or $170,000 or less for joint filers) will not have an increase in their Part B premium for 2010.

For all others, the standard Medicare Part B monthly premium will be $110.50 in 2010, which is a 15% increase over the 2009 premium. The Medicare Part B premium is increasing in 2010 due to possible increases in Part B costs. If your income is above $85,000 (single) or $170,000 (married couple), then your Medicare Part B premium may be higher than $110.50 per month.

In other words in 2010:

Beneficiaries who currently have the part B premium withheld from their Social Security benefit will pay $96.40.

New Part B beneficiaries will pay $110.50 (because they did not have the premium withheld from their Social Security benefit in the previous year).

Beneficiaries who do not currently have the Part B premium withheld from their Social Security benefit will pay $110.50.

Higher-income beneficiaries pay $110.50 plus an additional amount, based on the income-related monthly adjustment amount (IRMAA).

For Immediate Release August 13, 2010

75TH ANNIVERSARY OF THE SOCIAL SECURITY ACT
- – - – - – -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

On August 14, 1935, President Franklin D. Roosevelt signed into law the Social Security Act to protect ordinary Americans “against the loss of a job and against poverty-ridden old age.” Our Nation was entrenched in the Great Depression. Unemployment neared 20 percent, and millions of Americans struggled to provide for themselves and their families. In the midst of all this, the Social Security Act brought hope to some of our most vulnerable citizens, giving elderly Americans income security and bringing us closer to President Roosevelt’s vision of a Nation free from want or fear.

As our country recovers from one of the greatest economic challenges since that time, we are grateful for President Roosevelt’s perseverance, and for the countless public servants whose efforts produced the Social Security program we know today. Seventy-five years later, Social Security remains a safety net for seniors and a source of resilience for all Americans. Since 1935, it has been expanded to include dependent and survivor benefits, disability insurance, and guaranteed medical insurance for seniors through Medicare. It is a lasting promise that we can retire with dignity and peace of mind, that workers who become disabled can support themselves, and that families who suffer the loss of a loved one will not live in poverty.

My Administration is committed to strengthening our retirement system and protecting Social Security as a reliable income source for seniors, workers who develop disabilities, and dependents. After a lifetime of contributions to our Nation and its economy, Americans have earned this support. The new health care law, the Affordable Care Act, helps sustain this commitment and improves the long-term outlook of the Social Security program. My Administration is dedicated to safeguarding Social Security’s promise of retirement with dignity and security.

On the 75th anniversary of the Social Security Act, let us ensure we continue to preserve this program’s original purpose in the 21st century. Together, we can give our children and our grandchildren the same protections we have cherished for decades, and in doing so, lead our Nation to a brighter day.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 14, 2010, as the 75th Anniversary of the Social Security Act. I call upon all Americans to observe this day with appropriate ceremonies and activities that recognize the historic legacy of the Social Security Act, as well as the vital safety net it provides to millions of Americans.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of August, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

BARACK OBAMA
# #

The Social Security Board of Trustees just released its annual report on the financial health of the Social Security Trust Funds and the long-range outlook remains unchanged. The combined assets of the Old-Age and Survivors Insurance, and Disability Insurance (OASDI) Trust Funds will be exhausted in 2037, the same as projected last year. The Trustees also project that program costs will exceed tax revenues in 2010 and 2011, be less than tax revenues in 2012 through 2014, and then permanently exceed tax revenues beginning 2015, one year earlier than estimated in last year’s report. The worsening of the short-range outlook for the Social Security Trust Funds is due in large part to the recent economic downturn.

“The impact of the current economic downturn continues to be felt by the Social Security Trust Funds,” said Michael J. Astrue, Commissioner of Social Security. “The fact that the costs for the program will likely exceed tax revenue this year is not a cause for panic but it does send a strong message that it’s time for us to make the tough choices that we know we need to make. I applaud President Obama for his creation of the Deficit Commission so we can start the national discussion needed to ensure that Social Security remains a foundation of economic security for our children and grandchildren.”

The Board of Trustees is comprised of six members. Four serve by virtue of their positions with the federal government: Timothy F. Geithner, Secretary of the Treasury and Managing Trustee; Michael J. Astrue, Commissioner of Social Security; Kathleen Sebelius, Secretary of Health and Human Services; and Hilda L. Solis, Secretary of Labor. The two public trustee positions are currently vacant. President Obama nominated two individuals to serve as public trustees, and the Senate Finance Committee held hearings on July 29 for both trustee nominees. Their confirmations are pending.

The 2010 Trustees Report is available here

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.”

The Social Security Administration (SSA) will send checks to anyone who is eligible for Social Security Disability benefits or Social Security Retirement Benefits and is living abroad. However, there are a few countries where the SSA is not allowed to send checks. If a person eligible for benefits moves to Cuba or North Korea they cannot receive any checks while they are in either country, but they can get any withheld checks if they go to a country where paychecks can be sent.

In addition, the SSA generally does not send Social Security checks to Cambodia, Vietnam, or areas that were in the former Soviet Union (other than Armenia, Estonia, Latvia, Lithuania, and Russia), but those eligible for benefits may be able to apply for an exception. In such cases, those eligible for benefits may have to agree to certain conditions, such as appearing in person at the U.S. embassy each month, to receive benefits.

The rules for receiving Social Security disability or retirement overseas do not apply to Supplemental Security Income (SSI) benefits. Most recipients of SSI are not entitled to benefits outside the United States. SSI benefits will stop if a recipient is outside the United States for more than 30 days, and benefits won’t start up again until the recipient is back in the country for at least 30 days. However, there are exceptions for dependent children of military personnel and students studying abroad.

The Center for Disease Control Estimates that 3.9 million (1.8%) Americans are infected with the Hepatitis C virus (HCV), and of those infected, 2.7 million are chronically infected. Hepatitis C is a blood borne illness that causes liver disease and causes a host of symptoms that can prevent someone from working. Common symptoms of the Hepatitis C virus (HVC) include jaundice, dark urine, abdominal pain, loss of appetite, nausea, and fatigue.

The two approved drugs for treating Hepatitis C are interferon and ribavirin. The current treatment of choice for Hepatitis C is a combination therapy using pegylated interferon and ribavirin. This combination therapy can eliminate the Hepatitis C virus (HVC) in 50% and 80% of patients. However, side effects can be debilitating and include fatigue, arthritis and joint pain, vision problems, and cognitive problems.

The Social Security Administration (SSA) lists Hepatitis C under Digestive System – Chronic Liver Disease, on the list of impairments eligible for Social Security Disability benefits. In addition Social Security must consider the effects of medications used to treat Hepatitis C when making a determination as to Social Security Disability benefits. However, just being diagnosed with Hepatitis C or suffering from side effects from medication does not automatically qualify an infected person for Social Security Disability benefits.

Virginia Attorney Sheri Abrams, of the law firm of Needham Mitnick & Pollack PLC, has effectively assisted numerous clients in pursuing successful Social Security Disability claims related to Hepatitis C.

If you or someone you know suffers from liver disease brought on by Hepatitis C and you cannot work, please contact Attorney Sheri Abrams. She can be reached by phone at (703) 536-7778.