Martinez Settlement May Benefit You

The Social Security Administration has agreed to repay people whose benefits have been suspended or denied since January 1, 2007 based on the mere existence of an outstanding arrest warrant. Over 200,000 people whose benefits have been suspended or denied since January 1, 2000 are potentially eligible for retroactive benefits in varying amounts; approximately 80,000 are potentially eligible for full retroactive reinstatement of benefits totaling over $500 million.

Further Details/Info

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

2010 1619(b) ND Medicaid Threshold for 2010

State 1619(b) Medicaid threshold amounts for calendar year 2010 our out.

"North Dakota Threshold for 2010 is $36,082"

1619(b) provides that if your earned income (after the applicable exclusions) is too high to permit a SSI cash benefit, you will still be eligible for Medicaid.

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

H1N1 and the Unique Needs of Children with Special Needs/High Risk Medical Conditions

The Swine Flu is here. Get the vaccine or don't? What can I do to help prevent contraction? Is my child with special needs at higher risk - or should we be taking different precautions? All valid questions for parents to ask and to research. Below you will find 2 resources specifically addressing these issues. I hope you find them informative. H1N1 Fact Sheet for Children With Special Needs

A new brochure from the CDC that addresses seasonal and 2009 H1N1 flu for parents who have children or adolescents with high risk medical conditions is also available and can be found HERE.

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

Hearing on Backlog Slated

"Congressman John S. Tanner (D-TN), Chairman, Subcommittee on Social Security of the Committee on Ways and Means, today announced a hearing on Clearing the Disability Claims Backlogs: The Social Security Administration’s Progress and New Challenges Arising From the Recession. The hearing will take place on Thursday, November 19, 2009 in Room B-318, Rayburn House Office Building, beginning at 1:30 p.m. "

Full Press Release

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

Does Income from Participation in a Clinical Trial Count as Income?

September 16, 2009 "Last night, the Senate followed the House’s lead in introducing legislation to allow patients with rare diseases to participate in clinical studies without losing their eligibility for government healthcare benefits. “The CF Foundation applauds the Senate co-sponsors for introducing this vital bill to allow more people with rare diseases — including cystic fibrosis — to participate in clinical trials," said Robert J. Beall, Ph.D., president and CEO of the Cystic Fibrosis Foundation. “If successful, this legislation will help ensure swift advancement of life-lengthening and potentially lifesaving drugs from the research phase to the people who need them.” Currently, Supplemental Security Income (SSI) rules require that compensation provided for participation in a clinical trial be counted as income when determining benefits. Because Medicaid benefits are tied to SSI eligibility, patients who take part in clinical trials may be disqualified from receiving the government healthcare coverage. This penalty prevents many people with rare diseases from participating in clinical studies. Researchers developing drugs to treat rare diseases like cystic fibrosis struggle to recruit participants for clinical trials because of limited patient populations. More than 30 promising CF drugs are in development, and about 30,000 people in the United States have the disease. The bill is co-sponsored by Sens. James Inhofe (R-OK), Richard Durbin (D-IL), Richard Shelby (R-AL), Ron Wyden (D-OR), and Chris Dodd (D-CT). Source: Cystic Fibrosis Foundation, www.cff.org.

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

Is Rental Income Earned Income?

Received this info from our WIPA National Training Center at Virginia Commonwealth University.
------------------------------
I have had this question posed numerous times and the answer is (as it always seems to be) – Well…..it depends.

In most cases the question relates to a beneficiary who owns a house that he/she rents out, or when a beneficiary lives in a house and rents out a room or owns a duplex that he/she lives in and rents out the other unit. That is the situation I will address in this correspondence.

The basic rule of thumb in cases like these is that net rental income counts as unearned income (meaning not subject to FICA per POMS Section RS 02505.240) unless it is earned income from self-employment (e.g., someone who is in the business of renting properties). This is actually stated very clearly for SSI recipients in the POMS at: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500830505!opendocument

Of course, for SSI recipients, unearned income is treated less favorably than earned income since only the $20 General Income Exclusion is applied to unearned income. In addition, if the SSI recipient owns a home which he/she does not live in because it is rented out, then the property would be a countable resource.

If the SSI recipient is actually self-employed and in the business of renting property, then any Net Earnings from Self-Employment (NESE) the business generates would be decreased by any applicable work incentives when SSA is determining countable NESE. The countable NESE would affect the SSI cash payment in the usual manner. For a review of how the SSI program treats NESE, refer to the 2009 WIPA Training Manual - Module 3, Unit 6.

On the title II side, things are a little bit more complicated. There is no specific citation in the DI section of the POMS saying that rental income is not counted as earned unless the beneficiary is self-employed in the business of renting properties. This is implied when SSA defines what to count by describing earnings or self-employment income as income a person receives in exchange for his/her work activity – it is remuneration for work performed. In most cases, simply renting out one’s home or a portion of one’s home would not constitute work activity – it is too passive and is not subject to FICA. Unless a beneficiary is engaged in the business of renting property, the money received from renting a single house would typically NOT be considered to be earned income. If the rental income is not considered to be earned, then it would not be considered when SSA makes TWP or SGA determinations.

Of course, there are all sorts of situations in which things can get pretty murky. What if the person rents out multiple pieces of property – does that mean the person is in the rental business? SSA has to sort these situations out one-by-one. The first thing they do is look to see if the beneficiary is engaged in “trade or business”. To make this determination, the SSA asks the following questions:

· Is there a good faith intention of making a profit or producing income?
· Is there continuity of operations, repetition of transactions, or regularity of activities?
· Are the functions being performed a regular occupation or profession?
· Is the beneficiary holding himself out to others as being engaged in the selling of goods or services?

(From POMS Section RS 01802.002)

With these questions, the SSA is looking for an overall pattern. One ‘yes’ answer to these questions is insufficient to make a determination of self-employment, but they need not all be answered with “yes” for self-employment to be determined to exist. If SSA determines that the beneficiary is self-employed, any countable NESE from the business will be considered during TWP and SGA determinations.

REMEMBER – Determinations of what is or is NOT earned income can only be made by SSA. If there is any doubt, refer the beneficiary to the local Social Security Field Office for clarification. If the beneficiary does not agree with the determination rendered by SSA, he/she may request reconsideration as part of the standard appeals process.


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

Increase in the Medically Needy Income Level

Certain people who are blind, disabled, or aged may qualify for Medicaid as part of the medically needy group. However, unlike individuals who are categorically eligible for Medicaid (such as SSI recipients), persons within the medically needy group can incur recipient liability.

Recipient liability is the amount the eligible persons are responsible to pay toward their medical expenses for the month. Recipient liability is based on the monthly income of the members of the Medicaid unit, and it is similar to the deductible amount in an insurance policy.

The Medically Needy Income Level establishes the amount of income that individuals, couples, and families may keep to meet their maintenance needs without having recipient liability. Before July 1, 2009, the Medically Needy Income Level was $500 per month for a one-person household and $516 per month for a household of two persons.

As of July 1, 2009, this income level is $750 per month for a one-person household and $1,008 per month for a two-person household. See the following chart for the income levels for households consisting of more than two persons.

Number of Persons	Monthly Income Level
1	$750
2	1008
3	1267
4	1526
5	1784
6	2043
7	2302
8	2560
Effective July 1, 2009

For each person in the medically needy unit above eight, add $259 to the monthly amount.

This information was obtained from section 510-05-85-40(2) of the Medicaid Program Policy Manual.

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

Court Mandates Change in Communication for SSA and Visually Impaired

Currently, SSA communicates with beneficiaries with disabilities via letters and phone calls. A recent class-action suit found this practice violated people's rights to equal access to programs - specifically for individuals with a visual impairment.

The ruling mandates that SSA is to provide the nation's 3 million blind or visually impaired recipients the option of receiving benefit notices in braille or by audio computer disc by April, 15th.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/20/MNQ21A8D2F.DTL#ixzz0UZsatbWW

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

2010 Medicare Premiums and Deductibles

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

No Change in COLA for 2010 - Increase to SGA

Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009. Other important 2010 Social Security information is as follows:

Maximum Taxable Earnings:	2009	2010
Social Security (OASDI only)	$106,800	$106,800*
Medicare (HI only)	No Limit

Quarter of Coverage:	2009	2010
Earnings needed to earn one Social Security credit	$1,090	$1,120

Retirement Earnings Test Exempt Amounts:	2009	2010
Under full retirement age NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit.	$14,160/yr. ($1,180/mo.)	$14,160/yr.* ($1,180/mo.)
The year an individual reaches full retirement age NOTE: Applies only to earnings for months prior to attaining full retirement age. One dollar in benefits will be withheld for every $3 in earnings above the limit.	$37,680/yr. ($3,140/mo.)	$37,680/yr. ($3,140/mo.)
There is no limit on earnings beginning the month an individual attains full retirement age.

Social Security Disability Thresholds:		2009	2010
Substantial Gainful Activity (SGA)	Non-Blind	$ 980/mo.	$1000/mo.
	Blind	$1,640/mo.	$1,640/mo.*
Trial Work Period (TWP)		$ 700/mo.	$ 720/mo.

SSI Federal Payment Standard:	2009	2010
Individual	$ 674/mo.	$ 674/mo.*
Couple	$1,011/mo.	$1,011/mo.*

SSI Student Exclusion:	2009	2010
Monthly Limit	$1,640	$1,640*
Annual Limit	$6,600	$6,600*

* Because there is no COLA, by statute these amounts remain unchanged in 2010.

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

Hate Crime Legislation Expands to Include People With Disabilities

The House of Representatives passed legislation Oct. 8th that would expand the federal definition of hate crimes to include crimes motivated by gender, sexual orientation, gender identity or disability.

So, what exactly are the existing federal hate crimes protections? And what would change by expanding them to include crimes motivated by gender, sexual orientation, gender identity and disability?

Current federal hate crimes provisions punish those who by force or threat of force willfully injure, intimidate or interfere with any person (or attempt to do so) because of the person's race, color, religion or national origin, and because that person is engaging in a number of activities, including:

• enrolling in or attending any public school or college;
• participating in any benefit, service, privilege, program, facility or activity provided or administered by any state or state subdivision;
• applying for employment by any private employer or any agency of any state, or joining any labor organization, hiring hall, or employment agency;
• serving on or attending any state court in connection with possible jury service;
• traveling or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; and
• enjoying the accommodations or services of hotels, restaurants, gas stations, theater, concert hall, stadium, or any other place of exhibition or entertainment which serves the public.

Violation of this law may bring (in addition to any state charges), federal fine or imprisonment up to one year. If the crime involves a dangerous weapon or results in bodily harm, the penalty can be up to 10 years in prison. If the crime includes kidnapping, attempted kidnapping, aggravated sexual assault, attempted aggravated sexual assault, an attempt to kill, or if the crime results in death, the federal punishment can include the death penalty.

If the bills moving through the House and Senate run their course, crimes targeting anyone based on gender, sexual orientation, gender identity or disability, and the fact that they are participating in the above describes activities, would be eligible for the same punishment.

In addition to bolstering federal punishments, the pending hate crimes legislation would allow the Department of Justice to aid in hate crime investigations and prosecutions if requested by local authorities, and set aside money ($5 million) to help local communities investigate hate crimes.

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

How SSA Treats Employee Bonuses Provided by Wal-Mart

Wal-Mart Corporation pays bonuses to employees on a regular basis that are based upon the overall financial performance of the store. All employees of the store share in the bonuses and FICA is deducted from these payments. The bonus payments are made at regular intervals (quarterly, annually) and reflect performance of the store over a period of months. These bonuses are not based upon individual productivity or work performance, but upon the combined performance of all employees who work in a particular store. Since Wal-Mart hires a large number of persons with disabilities who are SSA disability beneficiaries, a great many CWICs across the country have encountered questions about how these bonuses should be treated by SSA.

As a national company, the bonus program implemented by Wal-Mart is the same regardless of where the stores are located. Our problem is that various FOs, Area Offices and Regional Offices are treating these bonuses in different ways. Our questions are as follows:

QUESTION: Is this income earned income or unearned income for the SSI program? Assuming it does count as some form of income, we assume the income is counted in the month it is received as SSI does with all other forms of income. We would like verification that this is correct.

ANSWER: Yes, this interpretation is correct. Bonuses paid to an employee by an employer are wages (earned income) per SI 00820.100 and RS 01401.150.

We count income (including bonuses) at the earliest of the following points:
when it is received,
when it is credited to an individual's account, or
when it is set aside for his or her use.

We determine income monthly and count it in the month that it is received (SI 00810.030).


QUESTION: For title II disability benefits, does this income count when SSA makes TWP and SGA determinations? If it does count, is it the case that the bonus money should be applied retroactively for the months over which the bonus is being paid?

ANSWER: For the question regarding Wal-Mart, our policy on bonuses for T2 is contained in DI 10505.010D.

“When evaluating bonus/incentive payments, generally consider that those payments represent the person's own productivity. The adjudicator is not required to verify whether the bonus is related to the person's own productivity unless the beneficiary can provide evidence indicating that it is not. Determine if the bonus/incentive payment represents a specific period of time, and if it does, distribute the earnings over the period of time it was earned. If the amount does not represent a specific period of work activity, or a specific time period is not determinable, distribute the payment(s) monthly over the time period the person had worked for the employer up to but not exceeding a year.”

Generally, we will consider bonuses as countable earnings as described above. However, if a beneficiary provides evidence that the payment is not related to his or her own productivity (such as a shareholder bonus) then that payment is excluded from countable earnings for TWP and SGA purposes. We will take action to clarify this policy in the above POMS.


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

Blind Work Expense

A Blind Work Expense (BWE) represent any earned income of a blind person which is used to meet any expenses reasonably attributable to earning the income. We use these for individuals with visual impairments who receive SSI. This can increase the amount of SSI an individual receives.

Although similar in many regards to Impairment Related Work Expenses (IRWE), BWE's cover far more expenses and are not limited to the expense being directly related to a disability.

Examples of what expenses can qualify as a BWE and/or IRWE can be found in this surprisingly user-friendly chart produced by SSA.

If you or someone you know may have a BWE expense that may be deductible, below is a very nice request form that can be filled out and submitted to SSA.

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

Blind Work Expense Request

U.S. Senate Introduces Bill to Increase Participation in Clinical Trials for Rare Diseases

September 16, 2009
Last night, the Senate followed the House’s lead in introducing legislation to allow patients with rare diseases to participate in clinical studies without losing their eligibility for government healthcare benefits.

“The CF Foundation applauds the Senate co-sponsors for introducing this vital bill to allow more people with rare diseases — including cystic fibrosis — to participate in clinical trials," said Robert J. Beall, Ph.D., president and CEO of the Cystic Fibrosis Foundation. “If successful, this legislation will help ensure swift advancement of life-lengthening and potentially lifesaving drugs from the research phase to the people who need them.”

Currently, Supplemental Security Income (SSI) rules require that compensation provided for participation in a clinical trial be counted as income when determining benefits. Because Medicaid benefits are tied to SSI eligibility, patients who take part in clinical trials may be disqualified from receiving the government healthcare coverage. This penalty prevents many people with rare diseases from participating in clinical studies.

Researchers developing drugs to treat rare diseases like cystic fibrosis struggle to recruit participants for clinical trials because of limited patient populations. More than 30 promising CF drugs are in development, and about 30,000 people in the United States have the disease.

The bill is co-sponsored by Sens. James Inhofe (R-OK), Richard Durbin (D-IL), Richard Shelby (R-AL), Ron Wyden (D-OR), and Chris Dodd (D-CT).

Source: Cystic Fibrosis Foundation, www.cff.org.

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

Future Amendments to ADA

On September 16, 2009, the Equal Employment Opportunity Commission (EEOC) voted to approve a Notice of Proposed Rulemaking (NPRM) [HTML] | [PDF] to conform its ADA regulations to the Amendments Act of 2008. The NPRM was published in the Federal Register on September 23, 2009. The Commission has also issued a question and answer guide on the NPRM. Below is a summary of the changes made by the Amendments Act, which became effective on January 1, 2009. You may continue to check this space for periodic updates.

http://www.eeoc.gov/ada/amendments_notice.html

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

WIPA and PABSS Pass!!!

Commissioner Astrue -

“I want to thank Congress and President Obama for the recent passage of the WIPA and PABSS Reauthorization Act of 2009. The bill extends funding authorization for the Work Incentives Planning and Assistance (WIPA) and the Protection and Advocacy for Beneficiaries of Social Security (PABSS) programs through fiscal year 2010.

There are currently 103 WIPA programs across the U.S. working with Social Security disability beneficiaries on job placement, benefits planning, and career development. With this vital support, beneficiaries are better equipped to make informed choices about work. The PABSS program provides much-needed advocacy services that help beneficiaries navigate through an often-confusing web of Employment Networks, Social Security rules, legal issues, and employment issues. I anticipate a continuing need and increased demand for both WIPA and PABSS services, and the extension of funding allows the opportunity to further evaluate these important programs.”

For more information about these programs and the Ticket to Work program, please see www.socialsecurity.gov/work.

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

Changes to Medicare Part D Extra Help May Expand Eligibility

The Social Security Administration is asking partners to help spread the word about changes in the law beginning January 1, 2010, that could make more people eligible for “extra help” in paying for premiums and out-of-pocket expenses under Medicare Part D prescription drug coverage. The two most significant changes are that life insurance policies will no longer count as a resource, and income assistance received from someone else for household expenses (food, mortgage, rent, heating fuel or gas, electricity, water, and property taxes) will no longer count. A webinar on the changes will be held September 15, 2009, at 2 pm Eastern. RSVP for the webinar at http://www.ssa.gov/survey/mipparsvpsurvey.htm

For more information about Social Security work incentives, refer to the 2009 Red Book found at http://www.socialsecurity.gov/redbook/. The Red Book is a general reference tool and self-help guide designed to provide a working knowledge of these provisions. If you have any questions, please call the Social Security Administration toll-free at 1-800-772-1213 or contact your local SSA office. The Social Security Administration has a very comprehensive and user-friendly web site with extensive information, publications, and forms available. In addition to the main website, specific sections are dedicated to disability issues.

You may find earlier versions of work incentive emails on the www.nebraskatickettowork.org website.

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

SSI: Reporting Your Wages Just Got Easier

Telephone Wage Report

Beneficiaries, deemors and representative payees reporting a change in wages can report their monthly wages to SSA by telephone. These instructions explain what beneficiaries, deemors, and representative payees need to do in order to use the SSA phone system to report monthly wages.

Beneficiaries, deemors and representative payees who would rather not report wages by telephone can use traditional reporting methods such as mailing or bringing paystubs into their local Social Security office. Monthly telephone reporters who experience technical difficulties should contact their local field office for assistance.

When you should call to report wages

You should call to report wages during the first six (6) days of the month. You can choose which of the six days to call. But, you will not be able to report wages using the special 800 number after the sixth day of the month.

Things you need to have before you to report wages by telephone

• The Social Security number of the person who is reporting wages (the caller)

• The Social Security number of the wage earner

• The TOTAL amount of gross wages for the wage earner. Gross wages are the amount of pay before taxes and other deductions.

• The Social Security number of the person who is eligible to receive SSI benefits

• The caller’s name as it appears on their Social Security card

Who is the Wage Earner?

A wage earner is the person who is working and receiving wages or payment for working. You are the wage earner if you are working and you are reporting your own wages. If you are calling to report someone else’s wages, then the wage earner is the person whose wages you are reporting wages.

Call 1-866-772-0953 and make your report.

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

Social Security to Test Use of Microsoft’s HealthVault in Disability Process

Michael J. Astrue, Commissioner of Social Security, announced today that the agency has entered into an agreement with Microsoft to test the use of Microsoft’s HealthVault application in the disability process. HealthVault is a free online service that enables people to gather, store and manage their families’ health information, and share that information with their physicians and healthcare providers. These “personal health records” contain the same types of information that Social Security generally obtains from people applying for disability benefits.

“The use of personal health records holds great promise for ensuring that the medical information we collect from someone applying for disability benefits is accurate and complete,” Commissioner Astrue said. “Combined with other advancements in health information technology, our use of HealthVault should result in faster decisions for disability applicants. I look forward to working closely with Microsoft, a world-wide leader in information technology.”

Social Security and Microsoft are developing a technical prototype connecting the two organizations that will be available later this year. The agency also will collaborate with Microsoft to study current personal health record standards, gaps in those standards, and options for filling those gaps.

Social Security is a recognized leader in the use of health information technology. It is the first government agency to use the Nationwide Health Information Network (NHIN), a safe and secure method for receiving instantaneous access to electronic medical records. The NHIN is an initiative of the Department of Health and Human Services and is supported by multiple government agencies and private sector entities.

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

People With Disabilities Lose Advocate - Ted Kennedy

During his tenure in the Senate (46 years), Sen. Ted Kennedy was crucial in establishing and supporting key legislation that benefit people with disabilities. Here are a few:

• In 1978, Kennedy co-sponsored Civil Rights Commission Act Amendments, which expanded the jurisdiction of the Civil Rights Commission to protect people from discrimination on the basis of disability.

• Kennedy introduced the Americans With Disabilities Act in 1990. The bill was designed to prohibit employers from discriminating in job hiring and in the workplace against people who had a disability.

• His vote helped break a Republican filibuster against a bill that blocked cuts in Medicare payments to doctors.

• Supported a bill that required pharmaceutical companies to negotiate prescription drug prices covered under Medicare Part D.

• Voted for expanding the enrollment period for Medicare.

• Kennedy called for extending Medicare coverage to all Americans, medical coverage for the uninsured and modernizing health care systems by using new technologies to cut costs.
  

• Sponsored the Family Opportunity Act of 2006, allowing states to expand Medicaid coverage to children with special needs.

• Sponsored the Health Insurance Portability and Accountability Act (HIPAA) in 1996.

• In 1997, he rallied for the State Children's Health Insurance Program (SCHIP) under which uninsured children from low-income families could get insurance.

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

Health Care Reform Will Not Weaken Medicare

Last week at a Florida health care forum, Alliance President Barbara Easterling outlined how health care reform will strengthen Medicare. It will:

• Close the “donut hole” in Medicare Part D, the one that guarantees insurance companies keep getting their monthly premiums even when they aren’t giving you any benefits.

• Allow Medicare to negotiate for volume discounts with the drug companies.
  

• End wasteful taxpayer subsidies to the private insurance companies who run Medicare Advantage plans.

• Keep you healthier by eliminating the co-pay for Medicare preventive services such as checkups and cancer screenings.

• Offer an opportunity for early retirees to buy into Medicare

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

No Cola Increase For 2 Years

Social Security Disability Insurance checks have been increasing each year since 1975. The amount of increase, or Cost Of Living Adjustment (COLA), is linked to inflation.

Inflation is actually down this year due in large part to the lower cost of energy compared to 2008.

By law, Social Security benefits (both retirement and disability) can't go down.

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

SSA to Improve Efficiency through Electronic Medical Record Database

On August 7, 2009, Commissioner Astrue announced the availability of $24 million in contracts to provide the agency with electronic medical records to improve the efficiency of its disability programs. Through a Request for Proposals available on www.fedbizopps.gov, Social Security is looking for health care providers, provider networks, and health information exchanges to participate in its Medical Evidence Gathering and Analysis through Health Information Technology (IT) program.

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

WIPA Passes House

Authorizing appropriation through 2010 is a good sign. This does not mean that WIPA/PABSS services are guaranteed funding for 2010....but it is the first step towards that.

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

Disability.gov - Now Re-Vamped and Online!

The new Disability.gov site has been re-tooled and is up and running. Seems very user friendly. Access to info is intuitive. Check it out.

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

Are you 65 or eligible for Medicare?

The North Dakota Insurance Department invites you to attend a free seminar on Medicare Part d, supplements and Medicare Advantage plans.

6:30-9 p.m. Tuesday, Aug. 11th
Minot Commission on Againg
21 1st Ave. SE, Minot

Registration is required by Aug. 6th

1.888.575.6611 or janfrank@nd.gov

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

$5 Donation Gets you a Knit Putter Cover

Check out Rehab Services, Inc. and their mission/services here.

To help in their annual fundraiser - and get a putter cover - visit:

www.coveryourputter.blogspot.com

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

Minimum Wage Increase

The minimum wage in North Dakota is currently $6.55 per hour, with an increase to $7.25 per hour scheduled to occur on July 24, 2009. North Dakota does not have a training wage. Source: Frequently Asked Questions, North Dakota Department of Labor, http://www.nd.gov/labor/faq.html#a06.

An individual who is paid the new minimum wage of $7.25 per hour will exceed the substantial gainful activity guideline of $980 per month upon working more than approximately 31.4 hours per week. That figure is the result of the following calculation: $980 per month ÷ 4.3 weeks per month ÷ $7.25 per hour = 31.44 hours per week.

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

Pomeroy's New American Recovery and Reinvestment Act ND Map

Slightly off-topic for this blog - but definitely ND specific. ND Representative Earl Pomeroy, on his website, has set up an interactive map to see what projects are being funded in ND through the ARRA. If interested, you can check it out HERE.

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

ELIMINATING THE SOCIAL SECURITY DISABILITY BACKLOG

Interested in SSA's plan on eliminating the backlog? The Ways and Means Social Security Subcommittee held a hearing on exactly that in March. A full transcript can now be found HERE.

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

Communications and Video Accessibility Legislation Introduced

On June 26, comprehensive legislation to ensure that people with disabilities have access to Internet-based telecommunications and video programming technologies was reintroduced. The bill, the Twenty-first Century Communications and Video Accessibility Act of 2009 (H.R. 3101), will--

* require that mobile and other Internet-based telecommunications devices be fully hearing aid compatible, have accessible user interfaces, and offer people with disabilities use of a full range of text messaging and other popular services that are currently largely inaccessible;

* provide people who are deaf-blind with vital but costly technologies they need to communicate electronically, establish a process for the provision of real-time text capability, and clarify existing relay-to-relay, Lifeline and Linkup service requirements to ensure their relevance to the real world communications needs of people with disabilities;

* restore the Federal Communications Commission's (FCC's) modest video description rules and unambiguously establish the Commission's current and ongoing authority to expand such regulations, require emergency announcements and similar information to be accessible to people with disabilities through audible presentation of on-screen alerts, ensure that video programming offered via the Internet will be both captioned and described, and call for all devices that receive and playback video programming to employ accessible user interfaces and
allow ready access to captioning and description; and

* strengthen consumers' ability to enforce their rights to communications and video accessibility through the establishment of a clearinghouse of information about service and equipment accessibility and usability, a meaningful FCC complaint process that holds industry accountable for their accessibility obligations, and judicial review of FCC action to ensure the Commission's own accountability.

Full text of the bill can be found HERE.

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

In Office, by Phone, Online and Now on Video - Minot, ND

There are a number of ways people can do business with Social Security. Today clients can visit a local office, call by phone and even complete many business transactions online. For the future, we’re testing a way for people to do business with us by video.

The new real-time video service is being tested, for example, in Minot, N.D., where it’s already a huge success. Social Security representatives are able to conduct interviews face to face even when they’re miles away. This makes it possible for representatives to verify needed documents using high-resolution video screens even when they don’t actually have it in hand.

Video service delivery was honored as a finalist in Harvard University’s John F. Kennedy School of Government 2009 Innovations in American Government Awards competition.

Video service delivery is only available in the test area at this time. But another way Social Security brings the office closer to clients is with our online services — available everywhere. See a list of online services available HERE.

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

Funding for Kennedy-Brownback Prenatally and Postnatally Diagnosed Conditions Awareness Act

The National Down Syndrome Society (NDSS) and National Down Syndrome Congress (NDSC) commend the Maternal and Child Health Bureau (MCHB) of the U.S. Department of Health and Human Services (HHS) for providing funding to implement the Prenatally and Postnatally Diagnosed Conditions Awareness Act (also known as the Kennedy-Brownback bill in honor of the two Senators who originally championed it).The passage of this important legislation was an extremely high priority for NDSS and NDSC, the original sponsors of the bill in the Senate and the leadership of the Congressional Down Syndrome Caucus. After an extensive advocacy effort, including visits to Capitol Hill by individuals with Down syndrome and their families, the bill was signed into law by former President Bush on October 8, 2008. However, it did not come with any Congressional appropriations to enact the recommendations. Now, MCHB has dedicated $820,000 in funding for each of the next four years.

More info Here.

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

2008 ND County/State SSI Data

County data on Supplemental Security Income (SSI) are a measure of the local impact of the program. This report is a resource for Social Security Administration (SSA) staff in formulating policy and for local service providers and economic planners.

The SSI program is a cash assistance program that provides monthly benefits to low-income aged, blind, or disabled persons in the 50 states, the District of Columbia, and the Northern Mariana Islands. The states and other jurisdictions have the option of supplementing their residents' SSI payments and may choose to have the additional payments administered by the federal government. When a state chooses federal administration, SSA maintains the payment records and issues the federal payment and the state supplement in one check. The data presented in this document are for federal and federally administered state payments only. State-administered supplementation payments are not included.

The tables present SSI data by eligibility category (aged, blind, and disabled) and age. State data on the number of recipients and amount of payments are shown in Tables 1 and 2, respectively. SSI recipients who also receive Social Security (Old-Age, Survivors, and Disability Insurance) benefits are shown in Table 1 and also in Table 3, which presents data at the county level.

Stella M. Coleman in the Division of SSI Statistics and Analysis programmed and compiled the data for this report. Staff of the Division of Information Resources edited the report and prepared the Web version for publication.

ND SSI Stats

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ND Food Stamp Calculator

A very handy online calculator for calculating how much you may receive in food stamps.

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100 POSTS!!!!

Somewhat of a milestone has been reached by DisaBlogND - this very entry will be the 100th post!

It's difficult to imagine that a blog meant to replace our WIPA bi-monthly newsletter, with an admittedly narrow focus of interest (see: boring for most people), has generated enough interest, positive comments and referrals to make it as far as it has.

Please feel free to contact me with any suggestions or ideas on how to make this site better.

Thanks again everyone. I hope you keep coming back.

President's Budget Request

President Obama has requested $11.6 billion for Social Security's administrative expenses in his FY 2010 budget proposal, a 10 percent increase over the current year. For more information about the President's FY 2010 budget request for Social Security, visit www.socialsecurity.gov/budget/

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Creating employment opportunities

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Requesting an Impairment Related Work Expense (IRWE)

"What if, because of one's impairment, he/she needs to pay for certain items so they can work?"

In most cases, Social Security can deduct the out–of–pocket costs of these items, which we call impairment–related work expenses (IRWE), from the amount of earnings we use to figure your SSI benefit.

This means that we do not reduce your SSI benefit as much because we do not count all of your earnings.

Out–of–pocket expenses that may qualify as an IRWE may be items such as medicine, medical supplies, medical devices, service animals, and disposable items such as bandages and syringes...to name just a few.

Social Security may also be able to deduct your out–of–pocket expenses for medical services such as doctors visits and some attendant care services charged for preparing you for work, attending to you while you are at work, or getting you to and from work.

Social Security may also deduct certain out–of–pocket expenses for transportation and modifications to your home, car, or van to allow you to work.

The expense must not be reimbursed, and must be related to your disability(ies) and needed in order for you to work.

The next step is applying for the IRWE. When I do this, I use the form located below and attach a receipt for each claimed expense. Drop this off at SSA and you're done.

Once a recurring IRWE is approved by SSA, one needs only submit the receipt for that IRWE on a monthly basis - not the entire application.

I will cover exactly how an IRWE positively impacts both countable income for an individual very soon in a new blog post. Stay tuned.

IRWE Request Template

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Social Security One-Time Stimulus Package Frequently Asked Questions

QUESTION: Who will receive a one-time economic stimulus payment from Social Security?
ANSWER: Nearly 55 million Social Security and SSI beneficiaries will receive one-time payments of $250 each.

QUESTION: When can I expect to receive my payment?
ANSWER: We plan to pay all eligible Social Security and SSI beneficiaries by late May 2009, so you should expect to receive your payment by no later than the first week of June 2009. The one-time payment will be a separate payment, which will not be included in your regular monthly benefit payment.

QUESTION: How will I receive my one-time payment?
ANSWER: We will deliver your payment in the same way we currently deliver your Social Security or SSI benefit. If we deliver your monthly benefit by check, we will deliver your one-time payment by check. If you receive a monthly direct deposit or Direct Express debit card payment, that is how you will receive your one-time payment.

QUESTION: Can an individual receive more than one payment?
ANSWER: No, individuals may receive only one $250 one-time payment regardless of how many types of benefits they receive. An individual receiving Social Security and SSI or an individual receiving Social Security and VA or Railroad Retirement benefits, will be entitled to only one payment.

QUESTION: Are beneficiaries from other federal programs eligible for this one-time payment?
ANSWER: Yes, individuals receiving benefits from the U.S. Department of Veterans Affairs or Railroad Retirement Board may be eligible for these one-time payments.

QUESTION: How will the $250 payment be treated or effect income, resources, overpayments, and underpayments by the Social Security Administration?
ANSWER:
a. The $250 payment is not counted as income - the Economic Recovery Act payment made to any recipient based on this law will not be counted as income for purposes of determining eligibility and payment amount for SSI.
b. The $250 payment effect on underpayments and overpayments - The payment is not a SSI payment; therefore, it cannot be used to recover an existing SSI overpayment or be included as part of an SSI underpayment.
c. The $250 payment effect on resources - If the payment is retained by the SSI recipient, it will not be counted as a resource for the month of receipt or for 9 months following the month of receipt. For example, if the payment is received in May 2009, it will be excluded from resources in May 2009 through February 2010. The funds, if retained, would be countable as a resource starting in March 2010.

Background Information

On February 17, 2009, President Obama signed into law the “American Recovery and Reinvestment Act of 2009”, Public Law 111-5, which provides for a $250 payment to SSI recipients (including children) who were:
• eligible for an SSI cash benefit in either November 2008, December 2008, or January 2009, and
• not receiving SSI while living in an institution.
This emergency message explains how the Economic Recovery Act payment will be treated for purposes of determining eligibility and payment amount for TXVI Supplemental Security Income (SSI).


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Legislation We Can All Agree On!

When a person becomes entitled to SSDI, he/she currently has a 2 year waiting period before they would be eligible for Medicare benefits. This waiting period often causes desperate financial situations involving medical expenses and in North Dakota, Recipient Liability.

On a number of occasions I've been asked: "Why is there a 2 year waiting period?". I don't like to be stumped by a question. I lose sleep over questions that take a lot of research to answer. So you could imagine my surprise when, this morning, I found out that there is hope in ending this peculiar rule.

Sens. Jeff Bingaman (D-NM), Sherrod Brown (D-OH), and Susan Collins (R-ME) and Reps. Gene Green (D-TX) and Lee Terry (R-NE) introduced the Ending the Medicare Disability Waiting Period Act of 2009 (S. 700/H.R. 1708). This bill would phase out Medicare's two-year waiting period for individuals with disabilities under age 65 who receive Social Security Disability Insurance (SSDI) benefits.

Please support this bill in any way possible.

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

Help With Medicare Prescription Drug Costs

Ever wish that there was some help out there for your medicare premiums and/or prescription drug coverage? There is!

Medicare beneficiaries are eligible for the extra help if they have limited income and resources. The extra help can increase their cost savings by paying for part of the monthly premiums, annual deductibles and prescription co-payments under the new prescription drug program. The extra help is estimated to be worth an average of $3,900 per year.

How to get it:

* Online application for help with Medicare prescription drug costs.

* "Do I qualify?" Online tool.

* Application pdf

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

2009 ND Medicaid Thresholds

IM 5062 ATTACHED CHART 2009 Medicaid Income Level Chart - Effective 04-01-09

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WWD Income Level for 2009

Effective April 1, 2009, the income level for eligibility for Workers with Disabilities (WWD) coverage is $2,031 per month for one individual. This is an increase of $81 over the 2008 level of $1,950 per month. Source: IM #5062 to the Medicaid Program Policy Manual.

Income for WWD eligibility purposes is the net amount that remains after certain disregards and deductions are subtracted from gross income. For more detail, see the entry dated March 5, 2008, under the WWD topic of this blog

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

SOCIAL SECURITY News Release Vice President Biden Announces $250 Recovery Payments to Go to Social Security and SSI Beneficiaries in May

Vice President Joe Biden and Michael J. Astrue, Commissioner of Social Security, announced today that the federal government will send out $250 economic recovery payments to people who receive Social Security and Supplemental Security Income (SSI) benefits beginning in early May 2009 and continuing throughout the month. No action is required to get the payment, which will be sent separately from the person’s regular monthly payment.

"The Social Security Administration and Commissioner Astrue have been working closely with other federal agencies to get these payments out the door in record time and into the hands of folks who need it most," said Vice President Biden. "These are checks that will make a big difference in the lives of older Americans and people with disabilities - many of whom have been hit especially hard by the economic crisis that has swept across the country."

“We have been working diligently to issue the $250 one-time recovery payments as soon as possible,” Commissioner Astrue said. “The legislation requires extensive coordination with other federal agencies and I’m pleased we are on track to issue these recovery payments earlier than the statute requires. Soon more than $13 billion will be in the hands of more than 50 million Americans.”

The American Recovery and Reinvestment Act of 2009 provides for a one-time payment of $250 to adult Social Security beneficiaries, and to SSI recipients, except those receiving Medicaid in care facilities. To receive the payment the individual must be eligible for Social Security or SSI during the months of November 2008, December 2008 or January 2009.

The legislation also provides for a one-time payment to Veterans Affairs (VA) and Railroad Retirement Board (RRB) beneficiaries. The VA and RRB will be responsible for paying individuals under their respective programs. However, if someone receives Social Security and SSI, VA or RRB benefits, he or she will receive only one $250 payment. People getting Social Security or SSI should not contact the agency unless a payment is not received by June 4, 2009.

For more detailed information about the $250 one-time economic recovery payments, go to www.socialsecurity.gov/payment.

To learn more about the American Recovery and Reinvestment Act of 2009, go to www.recovery.gov.


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