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