For the past two years those who receive Social Security Disability and Retirement have not received a cost of living increase to their benefit amount. But in 2012 this is expected to change, when an announcement is made this week and will be effective starting this January.

This increase is because for the first time in the last 2 years the consumer price index – a measure of how much it costs consumers, on average, to buy things like food and transportation – rose considerably from a year ago.

Social Security cost-of-living adjustment (or COLA) is calculated using this index, and payments are increased when the measure jumps from one year to the next.

Based on this index data, the raise is likely to be about 3.5%. A person who receives $10,000 from Social Security last year would receive an extra $350 in 2012.

However, some of this increase will be lost to higher Medicare premiums, which are deducted from Social Security payments.

Medicare Part B premiums for 2012 are expected to be announced next week, and the trustees who oversee the program are projecting an increase.

The Associated Press reports that the trustees for the Social Security and Medicare trust funds have shortened the life of these two trust funds.

The annual checkup by the trustees said that the Medicare hospital insurance fund will now be exhausted in 2024, five years earlier than last year’s estimate. While the Social Security trust fund will be exhausted in 2036, one year earlier than before.

The trustees for the trust funds said in their annual report that this has been caused by the worsening economy and they emphasized the need for Congress to make changes to avoid disruptive consequences in the future for millions of people who depend on Medicare & Social Security Benefits.

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.

The federal government announced on October 15, 2010 that Social Security Disability and Social Security Retirement recipients will not receive a cost-of-living adjustment in 2011. This will be the second year in a row that there has not been a cost-of-living increase.

The absence of a cost-of-living adjustment, calculated under a formula set by law, will be a shock to older Americans and the disabled already hit by plummeting home values, investment losses and rising health costs. More than 50 million people receive some form of Social Security benefits.

Before 2010 Social Security recipients had received automatic cost-of-living adjustments every year since 1975. The increase in 2009 was 5.8 percent. By law, Social Security benefits cannot go down.

The cost-of-living adjustment is intended to preserve the purchasing power of Social Security, by increasing benefits to keep pace with consumer prices. In the last year, overall inflation has been low, largely because of the economic downturn.

The Congressional Budget Office, has predicted that inflation would remain low for several years, so it is possible that Social Security might not pay a cost-of-living increase for several years.

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)

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.

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.

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

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

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

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

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

The Social Security Administration earlier this month mailed notices that contained incorrect January 2010 payment dates. These erroneous notices went to about 6 million beneficiaries who receive their payments on either the second, third, or fourth Wednesday of each month, and are part of the annual benefit notices that go to 52 million Social Security beneficiaries. In the notice the payment date is incorrectly shown as one week before what the actual date of payment will be. The other information in the notice, including the payment amount, is correct. Social Security is sending a letter explaining the error to beneficiaries who received the incorrect one as soon as possible.

“We apologize for the inconvenience and confusion these incorrect notices will cause,” said Michael J. Astrue, Commissioner of Social Security. “The problem was caused by an unfortunate human error. We are correcting the misinformation as quickly as possible, and we are reviewing our processes closely to prevent this type of mistake from happening in the future. People receiving Social Security benefits in January 2010 should know that their payment will arrive on the same payment day that it has arrived in the past.”

Good News: If you are – or know someone — applying for Social Security disability benefits, the waiting time for a decision is likely to be shorter rather than longer.

Since 1999, the number of people waiting for a decision on disability benefits swelled — and the waiting times became longer and longer. The results were often tragic – people lost their homes, families broke apart, people did not get badly needed medical care. Sad to say, nearly every year some people died while waiting for a decision.

Now – for the first time in a decade – the Social Security Administration has reduced both the number of people waiting for decisions on their disability applications and the waiting time to get a decision. SSA Commissioner Michael Astrue made the announcement in a recent press release.

We’ve been fighting for this for many years. The problem is that for many years, the Social Security Administration’s work load went up but its budget went down. The strains on the Social Security Administration became worse as the Baby Boomers began to retire. Finally, there was a small budget increase in 2008 and a more substantial increase in 2009.

Bad News: The recession threatens to overwhelm the recent improvements – and may make the waiting times pop right back up. The number of people applying for both disability and retirement benefits is rising dramatically. In a recession, people with disabilities and seniors who lose their jobs and cannot find another apply for Social Security retirement and disability benefits.

Stephen C. Goss, a top Social Security official, recently said that normally about 2.5 million people apply for disability benefits each year. By contrast, as of September 30, 2009, the annual applications were expected to be 3 million – with even higher numbers yet to come. “When there’s a bad recession and we lose 6 million jobs, people of all types are going to be part of that,” Goss said.

Productivity and Processing Times Also Improve

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

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

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

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

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

A federal judge in San Francisco gave preliminary approval this August to a plan by the Social Security Administration to pay $500 million to settle a class action lawsuit brought on behalf of 80,000 recipients who lost their benefits, starting in 2007, after being classified as individuals using government benefits to flee arrest.

The Social Security Administration program was administered via a computer program that simply matched names of those named in arrest warrants to those receiving social security.  However, the majority of class members were not fleeing at all or never knew that criminal charges were pending against them, let alone that a warrant had been issued.

In addition to the 80,000 recipients who are due withheld Social Security benefits, another 120,000 individuals who were reportedly told between 2000 and 2006 that they weren’t eligible for benefits may now re-establish their eligibility.

For the first time in more than three decades, recipients of Social Security benefits (including Social Security Disability benefits) will not get any increase in their benefits next year, federal forecasts show.

If you don’t have a bank account, your days of dealing with paper checks from Social Security may be over.

Social Security recipients can now get monthly payments on a prepaid debit card. The Direct Express Debit MasterCard is being rolled out in 10 states by the Treasury Department and Dallas-based Comerica Bank. It’s an alternative to paper checks and direct deposit. But as with every financial product, there is some fine print. Here’s what you need to know about the Social Security prepaid debit card.

The card is aimed at people without bank accounts. About 4 million Americans receiving Social Security benefits do not have bank accounts and must receive paper checks, which are vulnerable to financial crimes like check fraud and more minor problems such as delivery delay. There’s also the issue of where to cash them. “They have to use check-cashing services,” says Bill Hardekopf, CEO of the credit card comparison website LowCards.com, about people without bank accounts. Check-cashing services can average $40 per check, according to the Brookings Institution.

The southern states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas will receive information about the debit card first because they have more low-income Americans without bank accounts than other areas of the country and are the most likely to be hit by nasty weather like hurricanes that can delay checks, according to Judith Tillman, the Treasury Department’s Financial Management Service commissioner.

There are no sign-up fees, monthly fees, or overdraft fees, which plague the users of many other prepaid cards. And no credit check is required to enroll. “With this particular card, the fees aren’t as high as many of the other prepaid cards,” says Michelle Jun, a staff attorney for nonprofit Consumers Union. You can get access to the cash loaded on your card from a bank or credit union teller or as cash back with purchases at retailers. You can also set up free “low balance” alerts when the account balance falls below a certain level and notification of deposits by phone, e-mail, or text message.

Debit card users can withdraw cash from Direct Express network ATMs free once a month. Additional cash withdrawals at network ATMs, which include Comerica Bank, Charter One, Privileged Status, Alliance One, PNC Bank, MasterCard ATM Alliance, and MoneyPass, are 90 cents each. If you use a nonnetwork ATM, you will be charged two fees: the Comerica 90-cent fee and a surcharge by the nonnetwork ATM, which can be as much as $3. To find a network ATM, you can use an ATM locator feature at USDirectExpress.com or call (800) 741-1115. Unused ATM withdrawals can be carried over from one month to the next.

If you’re going to be traveling abroad, you may want to leave your Social Security debit card at home. Comerica charges $3 and 3 percent of the amount withdrawn to use ATMs outside the United States in addition to a possible surcharge for using a nonnetwork ATM. For debit purchases in foreign countries, you’ll also be charged 3 percent of the price.

A paper statement mailed to you costs 75 cents per month. This fee is easily avoided by checking your account balance online and printing it out. But try not to pay any bills while you are logged in to Comerica’s website, or it will cost you 50 cents per bill. Instead pay bills online at the merchant or utility’s website if it accepts MasterCard. And hold on to your card. After one free replacement each year, it will cost you $4 per card?and an extra $13.50 if you need to have it delivered overnight.

If your card is lost or stolen, the amount of money you could lose depends on how quickly you notify Comerica. If you call within two business days, you may lose up to $50, but if you wait longer, you could lose up to $500. For fraudulent transactions, you need to let Comerica know within 90 days to limit your loss to $500, or you could be stuck paying an even larger amount. (For most other debit cards, you have only 60 days. The Department of the Treasury negotiated an extra 30 days of protection for the Direct Express card.) MasterCard says you will not be held liable for an unauthorized use of your card involving a signature-based transaction where your pin number was not entered.

If you already have a bank account, you can avoid many of these fees by signing up for direct deposit and using your own debit card. With your own bank account, you can get unlimited and free in-network ATM withdrawals from a financial institution near your home and accrue interest on your Social Security dollars until you spend them. (Balances on a prepaid debit card garner no interest.)

Social Security benefits for 50 million people will go up 5.8% next year, the largest increase in more than a quarter century. The increase, which will start in January, was announced October 16, 2008 by the Social Security Administration.

It’s the largest increase since a 7.4% jump in 1982 and is more than double the 2.3% rise that people getting Social Security got in their monthly checks this year.

The 5.8% rise in the cost of living adjustment is a sharp departure from recent years. The COLA increases have been below 3 percent for all but three of the past 15 years.

The biggest cost of living benefit on record was a 14.3% increase in 1980. Social Security benefits have been adjusted every year since 1975.

In more good news, the cost of living increase will not be eaten up by higher monthly premiums for the part of Medicare that pays for physician services. Because of gains in the Medicare Part B trust fund, that premium will hold steady at $96.40 a month, although higher-income people including couples making more than $170,000 annually will see their premiums increase.

The average retired couple, both getting Social Security benefits, will see their monthly check go up by $103 a month to $1,876.

The standard Supplemental Security Income payment for a couple will go from $956 per month to $1,011. The SSI payment for an individual will go from $637 per month to $674 per month.

The average monthly check for a disabled worker will go from $1,006 to $1,064.

The Social Security Administration’s Inspector General concludes in a recent report that many banks are violating federal law by garnishing accounts that receive electronic deposits of Social Security benefits.  The practice could imperil millions of low-income seniors and people with disabilities who rely on Social Security.  When people owe money to credit card companies and other types of lenders, the creditors often use garnishment as a way of gaining partial payment of the debt. In order to garnish a debtor’s account, a creditor must go to court and obtain an order compelling the debtor’s bank to relinquish a set portion of the account, often on a monthly basis in accordance with the debtor’s deposits.  However, federal law prohibits garnishment of accounts receiving direct deposit of Social Security benefits, except in very specific situations, such to collect child support or unpaid federal taxes.  Unfortunately for many indebted seniors and people with disabilities, many state courts and most banks are unaware of the federal law regarding garnishment.  Therefore, courts routinely issue, and banks carry out, garnishments of accounts they have no business depleting. These accounts often hold the only source of income of a senior or person with a disability.. After they were alerted to the situation, Sens. Herb Kohl (D-WI), Max Baucus (D-MT) and Claire McCaskill (D-MO) requested that the Social Security Administration’s Inspector General investigate.  In a recently released report, the Inspector General found that in a 12-month period, the 12 largest U.S. banks withheld more than $1 million from accounts holding government benefits and no other funds. The banks also withheld an additional $29 million from accounts holding benefits mixed with money from other sources.