2009 SSI & SSDI Payment Dates

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Any questions may be directed to: rsi5@srt.com

Cutting Back the Backlog

When it comes to reaching Social Security’s goal of eliminating the disability backlog, 2008 included many challenges and even more impressive accomplishments. The economic downturn has produced a surge in disability claims and hearings. If new applications had not risen during the course of the year to unanticipated levels, there would have been a reduction in pending cases for the first time since 2001. As it was, Social Security received almost 26,000 more hearings requests than budgeted for, but due to productivity increases, we were able to process over 16,000 more hearings than projected and hold the increase in pending hearings down to 14,000 cases.

In fiscal year 2008, we moved quickly to add new staff, use new technologies, and improve our business processes. For example, we hired nearly 200 new administrative law judges as well as staff to support them. We also opened a National Hearing Center, which, through videoconferencing, hears and decides claims from those hearing offices with the highest backlogs. We introduced new electronic technologies and new processes to identify and expedite certain disability cases that are highly likely to be allowed. Through these efforts, we were able to virtually eliminate the aged case backlog (135,000 cases) that had been waiting over 900 days for a hearing decision.

These and other initiatives will continue to improve the quality of our disability claim review process and, providing that Congress gives us adequate, sustained, and timely funding, will allow us to reduce the number of pending cases. Although many challenges lie ahead, Social Security has responded to increased demands on our service and made impressive strides towards eliminating the disability backlog.

Any questions may be directed to: rsi5@srt.com

Podcast Discusses When To Start Receiving Retirement Benefits

Have you or your clients wondered about the best age to retire and receive Social Security benefits? Social Security’s new podcast, “Deciding When to Start Receiving Retirement Benefits,” is now available for listening at www.socialsecurity.gov/podcasts. In this podcast, Social Security Acting Deputy Commissioner Jason Fichtner and Deputy Commissioner for Communications Jim Courtney touch on the most important factors to think about regarding retirement age.

Please take a few minutes to visit www.socialsecurity.gov/podcasts and listen to “Deciding When to Start Receiving Retirement Benefits.”

Any questions may be directed to: rsi5@srt.com

Social Security to be First Government Agency to Use Nationwide Health Information Network

The Social Security Administration announced today that it will be the first government agency to utilize the Nationwide Health Information Network (NHIN). Beginning in early 2009, Social Security will receive medical records for some disability applicants electronically through the NHIN gateway.

“Social Security is proud to be a leader in the use of health information technology,” said Michael J. Astrue, Commissioner of Social Security. “This safe and secure method for receiving electronic medical records will allow us to improve our service to the public by cutting days, if not weeks, off the time it takes to make a disability decision.”

Through the NHIN, Social Security will have instantaneous access to medical records. This will significantly shorten the time it takes to make a disability decision and make the process more efficient. Social Security uses individual medical records when making a decision for more than 2.6 million people who apply for disability each year. To make those decisions, Social Security relies on doctors, hospitals, and others in the healthcare field to provide medical records in a timely fashion. The NHIN will help ensure records are received timely by making it easier and less labor-intensive for medical professionals to submit records.

Social Security is working with MedVirginia, the North Carolina Healthcare Information and Communications Alliance, and Kaiser Permanente to implement the NHIN. In early 2009, the first real-world use of the system will begin between Social Security and MedVirginia.

The NHIN is an initiative of the Department of Health and Human Services and is supported by multiple government agencies and private sector entities. Please go to www.hhs.gov/healthit/healthnetwork/background/ for more information.

Any questions may be directed to: rsi5@srt.com

Important Notice Regarding the Visually Impaired

SSA would like to make you aware of a notice that will be of interest to people who are visually impaired (and their representatives) and who either receive or applied for Social Security retirement, survivors or disability insurance benefits or Supplemental Security Income (SSI).

A federal court has authorized a class action lawsuit against the Social Security Administration (SSA) on behalf of people with visual impairments who require communications from SSA to be in an accessible format in order to participate in the Social Security or SSI programs. The court has authorized two classes: If you have a visual impairment that substantially limits the major life activity of seeing and you (1) apply for or are receiving Social Security or SSI benefits, or (2) are the representative payee for a Social Security beneficiary or SSI recipient, then you are a member of at least one of the two classes. This means that the court's decision in this case may affect your rights. The case, called American Council of the Blind v. Astrue, No. C05-04696, is pending in the federal district court in San Francisco, California.

The court would like maximum input from the class members. The below number and e-mail may be used to provide class counsel with suggestions about how SSA can effectively communicate with people who have visual impairments. You should give class counsel your comments by December 31, 2008. To do so, contact this toll free number or E-mail address:

ARLENE B. MAYERSON
SILVIA YEE
DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC. (DREDF)
Telephone: 1-800-348-4232
E-Mail: SSAinfo@dredf.org

To listen to an audio recording of the notice in English or Spanish, call our toll- free number, 866-940-0765.

For more information about this case, American Council of the Blind v. Astrue, read our online NOTICE at www.socialsecurity.gov/pgm/classaction.htm.

Any questions may be directed to: rsi5@srt.com

People Who Want Medicare Prescription Drug Coverage Should Apply Now

It’s open season for the Medicare prescription drug program. Everyone who is covered under Medicare is eligible for the prescription drug coverage. From November 15 to December 31, newcomers can join a prescription drug plan and people already participating should look at their current plans.

It’s also a good time for beneficiaries to investigate whether they may be eligible for extra help paying Medicare prescription drug program costs. Social Security offers extra help to participants who have limited income and resources.

The extra help will pay for all or most of the monthly premiums and annual deductibles. It also will help with the prescription co-payments. This extra help is worth an average of $3,600 per year. Some people with limited income and resources qualify for these big savings and don’t even know it.

Learn more about extra help and apply online by going to www.socialsecurity.gov/prescriptionhelp/index.htm.

Any questions may be directed to: rsi5@srt.com

Representative Payees Can Now File Reports Online

Social Security appoints a relative, friend, institution or other interested party to receive benefits on behalf of more than seven million people who need help managing their money. These representative payees use the benefits on the person’s behalf and have to file a report every year showing how the funds were used. Until recently, this was done by filling out a paper report form and mailing it to Social Security.

Now representative payees can submit their annual accounting reports online at www.socialsecurity.gov/payee. After signing up for a user ID and password which can be reused year after year, payees can go to the online form and enter the necessary information. The online Representative Payee Accounting Form is easy to use and takes less time than filling out and mailing a paper form.

When payees have completed the report, they can print a copy for their records. Social Security will send a confirmation message saying the report has been received.

For more information, visit our website at www.socialsecurity.gov/payee.

Any questions may be directed to: rsi5@srt.com

SSI Extension for Elderly and Disabled Refugees

On September 30, 2008, President Bush signed into law H.R. 2608, the "SSI Extension for Elderly and Disabled Refugees Act" (Public Law 110-328). The law will increase the time-limited SSI eligibility period for certain noncitizens (e.g., refugees and asylees) from 7 to 9 years and make exceptions for individuals with naturalization applications pending. Although Social Security was given no lead time or administrative funding, we intend to implement this complicated legislation accurately and quickly. In October, Social Security executives met with a coalition of immigration and disability advocates to open the dialogue and work collegially to implement the law. Working together, we established accurate and fair implementation practices, shared our internal instructions, and gained support from the advocates to help Social Security identify refugees and asylees who can benefit from the law. In addition, the advocates offered the agency assistance reaching the many refugees and asylees who will benefit by the law.

To read more detailed information about the law, visit http://www.socialsecurity.gov/legislation/legis_bulletin_100108.htm.

Any questions may be directed to: rsi5@srt.com

Traumatic Brain Injuries and Stroke the Subject of Social Security’s Third Compassionate Allowances Hearing

Social Security held its third public hearing on Compassionate Allowances on November 18 at Ft. Myer in Arlington, VA.

Senior executives from the Department of Defense and the National Institutes of Health joined Michael J. Astrue, Commissioner of Social Security, to hear testimony from some of the nation’s leading experts on traumatic brain injury (the most common injury of the conflicts in Iraq and Afghanistan) and stroke.

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under Social Security’s disability standards based on minimal objective medical information. This hearing was the third of four public hearings the agency plans to hold. Previous hearings dealt with cancers and rare diseases and resulted in the nationwide launch of the Compassionate Allowances initiative in October 2008.

For more information about Compassionate Allowances and the most recent hearing, visit www.socialsecurity.gov/compassionateallowances.

Any questions may be directed to: rsi5@srt.com

Hiring authority makes it easier to hire disabled employees

by 2nd Lt. Gina Vaccaro
Air Force Personnel Center Public Affairs

12/1/2008 - RANDOLPH AIR FORCE BASE, Texas (AFNS) -- Air Force officials are working to increase manager understanding of how to hire qualified people with disabilities. The Schedule A hiring authority, a noncompetitive government hiring process, allows federal employers to hire qualified people with mental retardation, severe physical disabilities or psychiatric disabilities to civilian positions.

"While the Schedule A hiring authority is not new, it seems to have been under publicized," said Michelle Siples, the human resources specialist for the program oversight office at the Air Force Personnel Center here. "Schedule A is designed to remove barriers for people with disabilities to get hired and to increase employment opportunities for persons with disabilities."

Air Force officials have set a goal to be the employer of choice in the disability community and is working toward achieving a Department of Defense goal to have 2 percent of its workforce comprised of individuals with targeted disabilities by the year 2010. According to the Air Force Equal Opportunity and Diversity Program Office, known as AF/A1Q, the Air Force is still at less than 1 percent.

The Schedule A hiring authority allows federal employers to quickly fill positions with qualified individuals with disabilities. The process is non-competitive, which means human resources specialists and/or selective placement coordinators send resumes of qualified applicants directly to managers. If a manager likes the resume, he has the option to hire the individual immediately.

With Schedule A, employers can hire a candidate without the typical posting and publicizing of the position that the competitive recruitment process requires. Schedule A eliminates many of the competitive hiring steps, reducing the time it takes to fill a needed position.

"This is an excellent opportunity for managers to make a difference by hiring people with disabilities into the workforce, to continue to build and enhance the force with people from diverse backgrounds," Ms. Siples said. "People with diverse backgrounds bring so much to the workplace."

To be eligible for noncompetitive appointment using the Schedule A hiring authority, candidates must obtain written proof of disability and a certification of job readiness from a licensed medical professional, a state or private vocational rehabilitation specialist, or any government agency that issues or provides disability benefits. Candidates must also meet the Office of Personnel Management's qualification standards for all positions he is applying for.

The requirements for each position, such as education and experience, are listed on the OPM Web site. The site also contains information about the hiring process for people with disabilities and even has a list of selective placement coordinators for each federal agency.

Individuals with disabilities may apply for noncompetitive appointment through the Schedule A hiring authority by submitting an application and any necessary supporting documentation directly to the selective placement coordinator or equivalent.

"We are optimistic that we can reach the DOD goal of 2 percent by 2010," Ms. Siples said. "We have seen a significant increase in interest in the schedule A program since September."

The AF/A1Q continues to raise awareness of the program among managers and potential candidates. Air Force officials have formed a people with disabilities working group to develop a plan to increase the number of employees with disabilities in the Air Force workforce.

For more information about the Schedule A hiring authority and options for people with disabilities, visit the OPM Web site, http://www.opm.gov/, or AFPC's "Ask" Web Site and search "disability employment."


Any questions may be directed to: rsi5@srt.com

Obama picks Daschle as health secretary: official

WASHINGTON (Reuters) - Barack Obama has chosen former U.S. Senate Democratic leader Tom Daschle as his top official to overhaul the U.S. healthcare system, two Democratic sources said on Wednesday.

As Health and Human Services secretary, Daschle will play a central role in the president-elect's plans to extend healthcare coverage to the 47 million Americans -- nearly one-sixth of the population -- who lack medical insurance.

Daschle, of South Dakota, was an early supporter of Obama's, encouraging the first-term senator from Illinois to make his presidential run.

He is currently head of Obama's health-care policy group as the president-elect prepares to take office on January 20.

Daschle would be a high-profile pick to head an agency that oversees existing healthcare programs like Medicare, which are expected to see their costs balloon as the U.S. population ages.

Daschle, who was elected to the Senate in 1986, was the top Democrat in the Senate between 1994 and 2004, and majority leader when Democrats controlled the chamber between 2001 and 2003. He was a member of the House of Representatives for eight years before becoming a senator.

Since losing his re-election bid in 2004, Daschle has worked as a public-policy advisor for the law firm Alston and Bird.

He was not immediately available for comment.

Daschle was reported to be a candidate for Obama's chief of staff before that job went to Illinois Rep. Rahm Emanuel.

(Reporting by Andy Sullivan, Caren Bohan and Jeff Mason, Editing by Frances Kerry)


Any questions may be directed to: rsi5@srt.com

What Barack Obama's Presidency Will Mean for Social Security Disability

With the election of Barack Obama as the 44th president of the United States, Americans have shifted their focus, directing their attention to Obama's new cabinet members, and how the Obama administration will address and take on national issues. One issue of focus that was not fully addressed during the election is the topic of Social Security Disability. A national disability lawyer takes aim at what we can expect from an Obama administration relative to the topic of SSDI and SSI disability.

Atlanta, GA (PRWEB) November 18, 2008 -- On November 4, 2008, Senator Obama gave his acceptance speech in Chicago, Illinois. As a result of winning 364 of the electoral votes, Barack Obama will be inaugurated as the next president of the United States on January 20, 2009.

During his two-year campaign Obama discussed a variety of topics that affect many Americans and presented a series of solutions to the nation's problems. One topic that did not gain national attention was the future of Social Security Disability. Matt Berry, a Social Security Disability lawyer reviews what type of "change" can be expected in the Social Security Disability System during an Obama administration.

Featured on BarackObama.com is a document titled, "Barack Obama and Joe Biden's Plan to Empower Americans with Disabilities," which describes and elaborates on Obama's plan to resolve the nation's Social Security Disability issues. The plan is divided into four parts (below), with the premise of the plan focusing on how the Obama administration plans to provide Americans with disabilities access to opportunities and the best quality of life.
1. Provide Americans with disabilities the educational opportunities they need to succeed
2. End discrimination and promote equal opportunity
3. Increase the employment rate of workers with disabilities
4. Support the independent, community-based living for Americans with disabilities

Obama supports a $150 million increase in the Social Security Administration's (SSA) budget. The Obama administration will be committed to streamlining the application and appeal process for individuals with disabilities, which they cite has been grossly under funded. For example:
- The SSA claims backlog has reached a record high of 755,000, an increase of over 440,000 since 2000.
- The average weight time for an appeals hearing is 505 days, compared to 258 days in 2000.

Currently fifty-four million Americans experience some form of disability, and that number is expected to grow as baby boomers reach their prime time.

The Social Security Administration estimates that a 20-year-old worker has a 30% chance of becoming disabled before reaching retirement age. (edited for length)


Any questions may be directed to: rsi5@srt.com

Medicare Part D Open Enrollment November 15, 2008, to December 31, 2008

Your Medicare Prescription Drug Plan will probably change what it costs and what it covers for calendar year 2009. Now is the time for beneficiaries to review any changes being made by their current plan and to compare it to others to make sure the current plan still meets their needs. People entitled to Medicare who do not yet have prescription drug coverage can also enroll in a drug plan during open enrollment.

For residents of North Dakota, 48 Medicare Prescription Drug Plans (PDPs) are available for 2009. You can find information to help you compare these plans on Medicare’s website at www.medicare.gov.

If you have limited income and resources, you may qualify for extra help to pay for the monthly premiums, annual deductibles, and co-payments related to the PDP. If you have Medicare and Medicaid, you automatically qualify for the extra help. Otherwise, you can request help by completing the application found online at https://s044a90.ssa.gov/apps6z/i1020/main.html, or you can call Social Security at 1-800-772-1213 to apply over the phone.


Any questions may be directed to: rsi5@srt.com

SSA and LLC's

If you are self-employed, you receive SSI and/or SSDI and your business structure is that of a Limited Liability Company (LLC) - this is an important entry for you.

1. When an LLC member has conveyed property to the LLC, the member does not have a co-ownership or a transferable interest in the property and the property is not a resource attributable to the member.
2. The fact that an LLC may choose to have the entity taxed as a partnership or sole proprietorship does not alter the fact that property conveyed to the LLC is owned by the LLC, not by any of its members.
3. Property owned by an LLC (and thus, not by any of its members) cannot be excluded under the PESS provisions as property that an individual owns and uses in a trade or business.
4. An LLC member's distributional interest in the LLC, like stock in a corporation, cannot be excluded as PESS and is a resource to the extent that it can be converted to cash and used for food or shelter.

So please be aware of the potential consequences of the LLC structure, including loss of Medicaid.


Any questions may be directed to: rsi5@srt.com

1619(b) Threshold for 2009

Section 1619(b) of the Social Security Act is one of the most powerful work incentives currently available for recipients of Supplemental Security Income (SSI). It provides continued Medicaid eligibility for a working individual whose earned income is too high to qualify for SSI cash payments, but not high enough to offset the loss of Medicaid.

The SSA uses the “threshold” concept to measure whether an individual has sufficient earnings to replace Medicaid. For calendar year 2008, the threshold is $37,917 for a resident of North Dakota who is eligible for SSI. This threshold is $38,040 for 2009.

Therefore, if the earned income of the SSI recipient is the reason that he/she no longer receives SSI payments but his/her earned income is under $37,917 in 2008 and $38,040 in 2009, he/she can still keep Medicaid coverage. This is the general rule. For more information, please contact your Community Work Incentives Coordinator.



Any questions may be directed to: rsi5@srt.com

Student Earned Income Exclusion (SEIE)

The Student Earned Income Exclusion (SEIE) is a work incentive that allows certain Supplemental Security Income (SSI) recipients to have a specified amount of their earnings excluded from their gross income when their SSI benefits are calculated. In many cases, the SEIE allows students to test their ability to work and earn income without experiencing any reduction in their SSI checks at all!

To qualify for the SEIE an SSI recipient must be:

• under the age of 22 years;
• regularly attending school, college, or training to prepare for a paying job; and
• working.

Maximum amounts for SEIE

In applying the SEIE for 2008, the Social Security Administration (SSA) excludes up to $1,550 per month of gross earned income in figuring the amount of the student’s SSI benefit for the particular month. The total amount of earned income excluded this calendar year may not exceed $6,240.

Work during vacation from school

The earnings that an individual receives from working during his/her vacation from school may be excluded up to the maximum provided under the SEIE if the individual tells SSA that he/she intends to again take classes regularly when school restarts or actually does resume attending classes regularly when school reopens.

Example

Jim is a student who becomes employed during summer vacation and earns $1,600 a month in June, July, and August of 2008. In September, he returns to school and continues working part time. He earns $800 a month in September through December 2008.

Using the SEIE, Jim can exclude $1,550 of his earnings in June, July, and August, and can exclude all of his $800 earnings in September. Through September, Jim will use up $5,450 of his $6,240 yearly limit. Excluding $790 from his October earnings will use up his yearly limit. However, even after deducting the monthly and yearly limits for SEIE, Jim still has available the other income exclusions, including the earned income exclusion of $65 per month and one-half of the remaining earned income. By applying SEIE and these other exclusions, Jim’s SSI checks were not reduced at all for the months June through October of 2008.


Any questions may be directed to: rsi5@srt.com

Quick Answers to SSI vs. SSDI and How Much SSI

Q. What is the difference between Social Security disability and Supplemental Security Income (SSI ) disability ?

A. The Social Security Administration is responsible for two major programs that provide benefits based on disabilities. They are Social Security Disability Insurance (SSDI ), which is based on prior work under Social Security, and Supplemental Security Income (SSI ), which is based on need. SSDI is financed with Social Security taxes paid by workers, employers and self-employed people. SSI payments are paid from general revenues.

Q. How much will I receive in Supplemental Security Income (SSI ) benefits ?

A: The amount of your SSI benefit depends, in part, on where you live. The basic SSI check is the same nationwide. However, many states add money to the basic check and some offer other supplements. For 2008, the maximum federal SSI payment is $ 637 per month for an individual and $ 956 for a couple. Because SSI is a needsbased program, this amount may be reduced due to other income. If you get SSI, you also may be able to get other help from your state or county. For example, you may be able to get Medicaid, food stamps or some other social services.

Any questions may be directed to: rsi5@srt.com

New Adoption Incentive for Children with Disabilities

The House passed H.R. 6893 on September 17, a bill to expand federal funding for the adoption of special needs children when states increase the adoption rates of such children. Under the bill, adoption support would double from $2,000 to $4,000 (from $4,000 to $8,000 for children over age 9). Relatives who adopt a child would receive the same funding supports as non relatives. New Family Connection Grants would be established to spur foster placements with blood relatives.

Any questions may be directed to: rsi5@srt.com

SSI - Elderly and Disabled Refugee Act

The SSI Extension for Elderly and Disabled Refugees Act, H.R. 2608 , cleared the House on September 17 by a voice vote. The next step is signature by the President. The House had originally passed the bill in July 2007, but the Senate passed an amended bill August 1, 2008.The House acted last week to pass the Senate version, clearing it for final enactment. The bill would temporarily extend the 7-year SSI eligibility period for refugees, asylees, and certain other humanitarian immigrants (including victims of human trafficking) to 9 years for the period October 1, 2008 through September 30, 2011. In order to qualify for the extension, certain noncitizens would be required to sign a declaration indicating that they have made a good faith effort to pursue U. S. citizenship. The 2-year extension would also apply retroactively to those noncitizens whose SSI had previously ceased due to the expiration of the 7-year period. The legislation would be effective October 1, 2008, with the 9-year eligibility period reverting back to a 7-year period after September 30, 2011. A more detailed summary of the bill is available on the Social Security Administration’s website:
http://www.ssa.gov/legislation/legis_bulletin_080108.html

Any questions may be directed to: rsi5@srt.com

Housing Legislation

By voice vote, under suspension of the rules, the U.S. House of Representatives passed the Frank Melville Supportive Housing Investment Act of 2008 (H.R. 5772) . This legislation would reform the Section 811 Supportive Housing for Persons with Disabilities Program. A Senate companion bill is expected to be introduced shortly.

Any questions may be directed to: rsi5@srt.com

ADA Amendments Act PASSES!

On Wednesday, September 17, the U. S. House of Representatives passed the the ADA Amendments Act (S.3406) by voice vote under a unanimous consent procedure. The House passed bill is identical to the bill passed unanimously in the Senate the previous week. The measure now goes to the White House where it is expected to be signed into law soon by President Bush. This bill is intended to restore lost protections within the ADA stemming from decisions by several federal courts which narrowed disability discrimination coverage.

Any questions may be directed to: rsi5@srt.com

Getting Things Started! The BPQY

Ok - there is an important document that us CWIC's like to use. It's called a BPQY and is generated by Social Security and includes some IRS data as well. Very handy. But we need a release to get it - go to the 2 links below, print them off, fill them out and mail them to me!

Rehab Services, Inc.
Attn: Terry Peterson
112 2nd Ave SW
Minot, ND 58701

http://www.ndcpd.org/benefits/pdfs/Earnings.pdf

http://www.ndcpd.org/benefits/pdfs/Release.pdf

Any questions may be directed to: rsi5@srt.com

ADAPT Challenges HUD, Democrats, McCain on Disability/Housing Economic Crisis

WASHINGTON, Sept 16, 2008 /PRNewswire via COMTEX/ -- ADAPT wasted no time challenging Policymakers on the housing crisis for persons with disabilities with low incomes. After setting up a tent city at HUD headquarters, ADAPT sent 100 activists to the Democratic National Committee (DNC) offices in Washington, D.C., and another hundred to a Sen. John McCain campaign office in Arlington, VA. ADAPT presented a platform for affordable, accessible housing.

"The DNC was cordial, and accepted our housing platform, and invitation to visit 'DUH City,' which is HUD spelled backwards," said Barb Toomer, Utah ADAPT. HUD told us they had no authority to make decisions. We have to wait for the administrative appointees to make any decisions. Sen. John McCain's campaign staff not only refused to even look at our housing platform, they had eleven of us arrested."

ADAPT's housing platform points to America's growing crisis in the availability of affordable, accessible integrated housing. Many people with disabilities live on benefits that are a full 25% below the poverty level and less than the national average rent for a studio/efficiency apartment.

"The federal government is sending stimulus payments to middle class workers, and providing economic relief for the mortgage crisis, and maybe even the banks," said Dawn Russell, Denver ADAPT. "What about us who live on fixed incomes? If we can't afford housing, we'll end up on the street or forced into institutions. What are the federal government, Congress, and the presidential candidates going to do to help us with our housing crisis?"

ADAPT is asking for:
* 5000 new housing vouchers per year for 10 years, targeted to people
transitioning out of nursing homes and other institutions;
* Twice as much funding for the construction of new housing stock that is
affordable, accessible and integrated;
* Policies and procedures to track the vouchers to assure targeting to
people with disabilities when the original user becomes ineligible;
* People with disabilities who reside in institutional settings to be
recognized as "homeless."


ADAPT's DUH City will remain in operation twenty four hours a day until Thursday, September 18. The DUH City Times will be delivered daily to every member of Congress, and there will be daily DUH TV coverage on YouTube. Background information, real stories of real people and photos can all be accessed at http://www.duhcity.org.
Contacts: Randy Alexander (901)359-4982 Marsha Katz (406)544-9504
SOURCE ADAPT


Any questions may be directed to: rsi5@srt.com

Congress Holds Hearing Today on Backlog of Social Security Disability Cases

The House Ways and Means Subcommittee on Social Security will hold a hearing Tuesday morning to look at what is -- and isn't being done -- to reduce the incredibly backlog of Social Security disability cases. Testifying before the committee will be Judge Ronald Bernoski, an administrative law judge and president of the AALJ. The hearing begins at 10 a.m. in B-318 Rayburn House Office Building.
Currently the nation's Social Security disability insurance program is struggling under a severe case backlog. In some parts of the country, claimants can wait more than two years for a hearing. According to the Government Accountability Office, the backlog results primarily from increased applications, staffing shortages and management weaknesses.
The Association of Administrative Law Judges (AALJ) represents the 1,200 federal administrative law judges employed by the Social Security Administration.

Any questions may be directed to: rsi5@srt.com

U.S. Department of Labor and Major League Baseball launch ‘PITCH’ campaign to encourage businesses to hire people with disabilities

WASHINGTON — The U.S. Department of Labor's Office of Disability Employment Policy (ODEP), in cooperation with Major League Baseball, today announced the launch of the PITCH (Proving Individuals with Talent Can Help) campaign to encourage businesses to hire individuals with disabilities.

Former Major League pitcher Jim Abbott will serve as the campaign's spokesman. The campaign will include radio public service announcements, media awareness activities and appearances at the Little League World Series as well as Major League ballparks during September and October.

Abbott, born without a right hand, was an Olympic Gold Medalist in 1988. In 1993, while pitching for the New York Yankees, he tossed a no-hitter against the Cleveland Indians. He pitched 10 seasons in the major leagues with the California Angels, New York Yankees, Chicago White Sox and Milwaukee Brewers.

Neil Romano, assistant secretary of labor for ODEP, said, "We are thrilled to have the support of Major League Baseball for this significant campaign. Having Jim Abbott as our spokesman demonstrates that given the opportunity people with disabilities can make substantial contributions to any business. Jim succeeded based on his talent. The goal of this campaign and of our office is to have all businesses consider the great talent that people with disabilities can bring to their organizations."

Abbott added, "This is something that is very important to me. I am honored to be working with the Department of Labor's Office of Disability Employment Policy. I will do all that I can to bring attention to this issue and encourage businesses to look towards people with disabilities when they are hiring for their team."

According to the Census Bureau's American Community Survey, in 2006, the employment rate for people with disabilities was 37.7 percent, compared to an employment rate of 79.7 percent for people without disabilities, a 42 percent difference. People with disabilities represent a severely underutilized talent pool.

For more information about the PITCH campaign, visit www.ability.dol.gov.
The Office of Disability Employment Policy provides national leadership on disability employment policy by developing and influencing the use of evidence-based disability employment policies and practices, building collaborative partnerships, and delivering authoritative and credible data on employment of people with disabilities. More information is available at www.dol.gov/odep.

Any questions may be directed to: rsi5@srt.com

WIPA Eligibility

According to the WIPA manual, there are only three eligibility criteria for WIPA services. These are:

1. At least age 14, but less than the person’s full age of retirement;
2. The person experiences a disability per SSA’s definition; and
3. Currently receiving Social Security benefits based on disability (Title XVI or Title II disability related benefits)

And yes - it is FREE!

Any questions may be directed to: rsi5@srt.com

New money to be designed with blind in mind

U.S. District Judge James Robertson said he would not allow the Treasury Department to go at its own pace as it complies with a May ruling that U.S. paper money discriminates against the blind.


(09-05) 04:00 PDT Washington -- When the next generations of $5, $10, $20 and $50 bills roll off the presses, there should be some way for blind people to tell them apart, a federal judge said Thursday.Treasury officials have hired a contractor to investigate ways to help the blind differentiate between bills, perhaps by printing different sizes or including raised numbers. Government attorneys urged the judge to let that process play out and not interfere with anti-counterfeiting redesigns that are already in process.

Robertson was not persuaded.

"The Treasury Department is not going to just conduct this on its own schedule and its own terms. Let that be clear," he said.

Robertson ordered attorneys for the government to meet with the American Council of the Blind, which brought the lawsuit, and come up with a schedule that requires changes in the next generation of bills.

The next $100 design could be printed as early as autumn and Robertson said those bills won't be affected. But subsequent designs should be able to solve the problem, the judge said.

Government lawyers said they plan to argue that Robertson does not have the authority to interfere with the Treasury's printing responsibilities.

The judge said he'd consider the argument but quipped that, if he didn't have authority to require changes, how was he supposed to enforce the ruling? What would the court order say, he asked, "Go out and have a good time? We'll see you when it's all over?"

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/05/BU0M12O759.DTL

This article appeared on page C - 3 of the San Francisco Chronicle



Any questions may be directed to: rsi5@srt.com

2008 Democratic National Convention: Remarks as Prepared for Delivery by Pamela Cash-Roper, Unemployed Nurse and Lifelong Republican From North Caroli

Includes an interesting story about SSDI and Health Insurance.

Could work incentives helped their situation???????????

WWD and Private Health Insurance—Scenario

John is a gainfully-employed individual with a disability, and he has healthcare coverage under Worker with Disabilities (WWD), North Dakota’s Medicaid buy-in program. He pays a premium of $80 per month for the WWD coverage. John’s employer recently told John that John has worked for the business long enough, and is working enough hours, to qualify for coverage under the employer’s health insurance plan. John’s share of the premium for this coverage would be just $40.00 per month.

Should John have both WWD coverage and the private health insurance? The answer depends on a number of factors, including what items and services the private insurance plan covers, whether John will lose the private insurance if his work hours decrease, and whether John has to pay the premiums for both WWD and the private plan.

The private insurer would be required to be the primary, or first, payer of the medical expenses covered under the plan. After that, WWD, as a Medicaid-type program, would fill in the gaps as the secondary payer.

Medicaid might pay John’s share of the premium for the private health insurance if it is "cost effective" for Medicaid to do so. If this is cost effective, Medicaid could even require John to apply for and take the private insurance so that the private insurer would pay first. However, if Medicaid required John to enroll in the private plan, Medicaid would pay the premium for the private insurance in order to save money for the WWD program. Medicaid would not require John to enroll in the private plan if Medicaid would not pay the premium for it.

John should bring this matter to the attention of his eligibility worker at the county Medicaid office for a "cost effectiveness" determination.

Source: Medicaid Program Policy Manual sections 510-05-20-05 and 510-05-20-15.



Any questions may be directed to: rsi5@srt.com

Another Great Benefit of WWD -- Extra Help with Medicare Part D

The Workers with Disabilities (WWD) program in North Dakota allows eligible individuals with disabilities who are gainfully employed to “buy into” Medicaid healthcare coverage by paying a monthly premium.

If you have WWD coverage and also receive Medicare benefits, you are automatically eligible for extra help with paying for your Medicare prescription drugs. This extra help is called the low-income subsidy, and it is available to you because WWD is a Medicaid-type program.

Any questions may be directed to: rsi5@srt.com

World-Wide Disability Rights News

SSI/SSDI Overpayment - Joint and Several Liability

Taking on the responsibility of being someone's representative payee should not be taken lightly. Similarly, professional rep-payee services have a responsibility to understand the effects income may have on their beneficiaries SSI and/or SSDI benefits. Failure to keep abreast of rules, thresholds, rule changes, guidelines, etc...could lead to an overpayment. When this occurs - who is responsible to re-pay the debt to SSA????

The answer could be both. This is where joint and several liability comes into play.

Below is a fictional case in which the rep-payee was simply passing the money along w/out taking into consideration the beneficiaries work activity and the ramifications that income posed - and because of a waiver...the rep-payee is liable for the overpayment.

Scenario:

For quite some time, the rep payee has not paid attention to the beneficiary's work activity and earnings. The beneficiary works more hours than he previously did, and his earnings exceed the SGA guideline and his SSDI benefits end. However, the rep payee used the SSDI checks for the benefit of the beneficiary. The beneficiary incurs a $10,000 overpayment of SSDI. The beneficiary is granted a waiver of the OP.

Who is liable for repayment of the OP?

Both the beneficiary (he received the benefit of the SSDI checks) and the rep payee (at fault in connection with the OP for not exercising due diligence in helping the beneficiary managing his financial matters).

Who has to pay?

Not the beneficiary because of the waiver. The rep payee has to repay the OP.


Any questions may be directed to: rsi5@srt.com

Celebrate The ADA - Thur., July 24th!!!!

4:00 to 7:00 pm

Lindenwood Park

Fargo, ND

CELEBRATE THE 18^th ANNIVERSARY

OF THE AMERICANS WITH DISABILITIES ACT

Commemorative Walk to

Support the ADA

FREE PICNIC

Join our community at the Rotary Universal Playground at Lindenwood Park where people

of all abilities will come together

to celebrate the ADA

For questions, call Freedom at 701-478-0459

Texas has hired people with abuse records to care for disabled, audit finds

SSA finalizes changes to Ticket to Work program

The Social Security Administration is revising its regulations governing "The Ticket to Work and Self-Sufficiency Program," which encourages Social Security disability beneficiaries to return to work. "These rules outline a new and improved Ticket to Work program and are based on learning from our experiences, listening to input from interested parties, and responding to their suggestions," said Michael J. Astrue, Commissioner of Social Security. "Beneficiaries with disabilities will have greater flexibility and expanded choices in obtaining the services they need to attain their employment goals". Essentially, the changes add an educational and technical training option to supplement the work requirement for Ticket to Work eligibility, and would tighten up the progress requirements for continued participation in the program. The final regulations are effective July 21, 2008.
Details of the changes appear in the SSA's notice of proposed rulemaking and are published in the May 20, 2008, Federal Register (73 Fed. Reg. 29324).
Source: http://hr.cch.com/news/uiss/070208a.asp


Any questions may be directed to: rsi5@srt.com

Schneider proposes plan to expand health insurance to uninsured N.D. children

Teri Finneman, The Forum
Published Tuesday, July 08, 2008

FARGO - North Dakota needs to do more to help uninsured children get access to health care, Rep. Jasper Schneider of Fargo said Tuesday morning.

During a news conference, the Democratic-NPL candidate for insurance commissioner outlined his proposal to provide 3,300 more children access to health insurance.

Schneider wants to expand the state’s Healthy Steps income eligibility limits from 150-percent net income of the poverty line to 200 percent.

“It’s a top priority for me to make sure our youngest residents have access to health insurance,” Schneider said.

In addition to increasing eligibility limits, Schneider wants to form an advisory council to study how to expand access to health insurance to all North Dakota children.

Approximately 15,000 children in the state don’t have health insurance now, he said.

For more on this story, read tomorrow’s Forum.

Readers can reach Forum reporter Teri Finneman at (701) 241-5560

Any questions may be directed to: rsi5@srt.com

ADA to Turn 18

As we approach the 18^th anniversary of the Americans with Disabilities Act (ADA) I'd like to bring to your attention some recent developments relating to DisabilityInfo.gov. This Web site, a collaborative effort among twenty-two federal agencies, was developed to provide access to information and resources that enable people with disabilities to fully participate in the workforce and in their communities. DisabilityInfo.gov contains comprehensive information on cross-cutting issue areas including employment, benefits, housing, transportation, health care, education, civil rights and technology.

Over the past couple of months more than 2,000 new links to state-level resources have been added to DisabilityInfo.gov. The site’s enhanced State and Local Resources Map now offers even greater access to information about programs and services available in the states and communities where individuals with disabilities live, work, attend school or are seeking employment. The State & Local Resources Map is located in each of the site’s nine key subject areas. You may begin a search of resources in your state simply by clicking on the map in the Employment section of the site: http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=9.

Any questions may be directed to: rsi5@srt.com

No EID for Tenants of Rural Development Housing

Earned income disallowance (EID) is a work incentive that is available to persons with disabilities who receive housing assistance through certain programs administered by the United States Department of Housing and Urban Development (HUD). With EID, all or some of the person’s income from working is not counted (for a period of up to 24 months) when determining his or her rental payment. For details on EID, see the blog article dated March 3, 2008.

Some persons with disabilities receive rental assistance as tenants of Rural Development multi-family housing complexes. One such complex is Jamestown Village in Jamestown, North Dakota. Rural Development housing complexes are not associated with HUD. Instead, they are funded by the Housing and Community Facilities Programs, an agency of the United States Department of Agriculture (USDA).

Unlike the HUD regulations, the regulations of USDA do not provide for an earned income disallowance. Therefore, all of the non-exempt earned income of a tenant of a Rural Development housing is counted in figuring the amount of his or her rental payment. However, even without EID in the Rural Development rental assistance program, the tenant’s rental payment may not exceed 30 percent of his or her combined unearned and earned income.

Any questions may be directed to: rsi5@srt.com

ADA Gets a Makeover

Tuesday, June 17, 2008, the proposed regulations were published in the Federal Register. The proposed regulations consist of a notice of proposed rule making to amend the ADA regulations for State and local governments, a notice of proposed rule making to amend the ADA regulations for public accommodations and commercial facilities, a Regulatory Impact Analysis, and two supporting appendices.

(The synopsis below, written by Robert Pear of the New York Times on June 16, is a portion of his article providing an overview and summary of the proposed changes.)

Sweeping ADA Update Would Affect Millions
The new rules would set more stringent requirements in many areas and address some issues for the first time, in an effort to meet the needs of an aging population and growing numbers of disabled war veterans.

The proposed rules, under development for more than four years, flesh out the meaning of the 1990 law, which set forth broad objectives. The 215,000-word proposal includes these new requirements:

¶Courts would have to provide a lift or a ramp to ensure that people in wheelchairs could get into the witness stand, which is usually elevated from floor level.

¶Auditoriums would have to provide a lift or a ramp so wheelchair users could "participate fully and equally in graduation exercises and other events" at which members of the audience have direct access to the stage.

¶Any sports stadium with a seating capacity of 25,000 or more would have to provide safety and emergency information by posting written messages on scoreboards and video monitors. This would alert people who are deaf or hard of hearing.

¶Theaters must provide specified numbers of seats for wheelchair users (at least five in a 300-seat facility). Viewing angles to the screen or stage must be "equivalent to or better than the average viewing angles provided to all other spectators."

¶Light switches in a hotel room could not be more than 48 inches high. The current maximum is 54 inches.

¶Hotels must allow people with disabilities to reserve accessible guest rooms, and they must honor these reservations to the same degree they guarantee other room reservations.

¶At least 25 percent of the railings at fishing piers would have to be no more than 34 inches high, so that a person in a wheelchair could fish over the railing.

¶At least half of the holes on miniature golf courses must be accessible to people using wheelchairs, and these holes must be connected by a continuous, unobstructed path.

¶A new swimming pool with a perimeter of more than 300 feet would have to provide "at least two accessible means of entry," like a gentle sloping ramp or a chair lift.

¶New playgrounds would have to provide access to slides, swings and other play equipment for children who use wheelchairs.


Any questions may be directed to: rsi5@srt.com

What to do with those assets???

HUD's FSS Program


"Why work when my asset limit is only $2000?"

SSA does have certain "asset exclusions". One of the most powerful ones I've seen is HUD's FSS program.

I fully intend to do a more in-depth write-up in a future post - but for now I wanted to throw up the link for your reference.

Check out the link above.

Any questions may be directed to: rsi5@srt.com

HEART

Yesterday President Bush signed into law H.R. 6081, the Heroes Earnings Assistance and Relief Tax Act of 2008 ("the HEART Act"), making AmeriCorps more accessible to people with disabilities.

The HEART Act contains a provision we have been seeking that excludes AmeriCorps benefits from being counted as income for purposes of eligibility for Supplemental Security Income (SSI). This extends the long-time AmeriCorps VISTA income disregard for SSI to all AmeriCorps positions. An SSI recipient who enrolls in AmeriCorps will no longer risk the loss of SSI benefits or eligibility as a result of participating in AmeriCorps. While the law does not extend to Social Security Disability Insurance (SSDI), it removes a significant barrier to participation for SSI recipients.


Any questions may be directed to: rsi5@srt.com

New Ticket To Work Regulations!!!

The Social Security Administration (SSA) is pleased to announce exciting improvements to the Ticket to Work Program. These changes were published in the Federal Register on May 20, 2008 and will go in to effect on July 21, 2008. Check out the new regulations at http://edocket.access.gpo.gov/2008/pdf/E8-10879.pd

The new Ticket regs should greatly increase the number of EN's over time...and access to EN's for ticket-holders.


Any questions may be directed to: rsi5@srt.com

Parent-to-Child Deeming From Stepparents

SSA is changing the Supplemental Security Income (SSI) parent-to-child deeming rules so that they no longer will consider the income and resources of a stepparent when an eligible child resides in the household with a stepparent, but that child's natural or adoptive parent has permanently left the household. These rules respond to a decision by the United States Court of Appeals for the Second Circuit, codified in Social Security Acquiescence Ruling (AR) 99-1(2), and establish a uniform national policy. Also, we are making uniform the age at which we consider someone to be a ``child'' in SSI program regulations and are making other minor clarifications to our rules.

This final rule is effective on June 16, 2008.


Any questions may be directed to: rsi5@srt.com

SSA Holds Second Disability Hearing on Compassionate Allowances

The Social Security Administration held its second public hearing on compassionate allowances - a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security’s standards.

Read more at: http://ssa.gov/pressoffice/pr/compassionate-allowances-0408-pr.htm


Any questions may be directed to: rsi5@srt.com

OVERPAYMENTS!!!!! But who is liable?

OVERPAYMENT is a dirty dirty word in my profession. Much of my time is dealt with dealing with and attempting to quell the collection of overpaid SSDI funds.

In cases involving a representative payee...the matter of "who" should the overpayment be collected from becomes a bit grey.

The following is a quick write-up about joint/several liability as is pertains to SSDI overpayments -- and as you will read...it's not always the beneficiary who can be caught holding the stick.

This should become a point of interest for anyone who utilizes a rep. payee and has an overpayment - and also to those rep. payee's who are responsible for someones SSDI monies.



A beneficiary entitled to Social Security Disability Insurance (SSDI) benefits and the representative payee receiving the SSDI benefits on his or her behalf may be equally liable for repaying any overpayment of the benefits, as follows:

A. The beneficiary is liable if he or she received the benefit of the monies;
B. The representative payee is personally liable if he or she:
1. Was at fault in creating the overpayment; or
2. Did not apply the monies for the beneficiary's use and benefit.

Note that liability for repaying an overpayment and waiver of recovery of the overpayment are separate matters.

A beneficiary who is liable for repaying the overpayment because he or she had the benefit of the monies may nonetheless have recovery of it waived if the following conditions exist:

A. He or she is without fault in connection with the overpayment; and
B. Recovery or adjustment of the overpayment:
1. Would defeat the purpose of the program involved (i.e. recovery would deprive him or her of income required for ordinary and necessary living expenses); or
2. Would be against equity and good conscience.

A representative payee who is without fault in causing an overpayment of benefits is not liable for repaying it and thus has no reason to request waiver on his or her own behalf. A representative payee who is liable for repaying the overpayment due to being at fault in causing it does not meet the criteria for waiver even if he or she cannot afford to repay.

Source: Social Security Handbook, sections 1906.1 and 1914.2.


Any questions may be directed to: rsi5@srt.com