ND Medicaid 1619(b) Threshold for 2011

State 1619(b) Medicaid threshold amounts for calendar year 2011 have been published.

The North Dakota Threshold for 2011 is $38,049.

Section 1619(b) of the Social Security Act provides one of the most powerful work incentives currently available for SSI recipients: continued Medicaid eligibility for working individuals whose earned income is too high to qualify for SSI cash payments, but not high enough to offset the loss of Medicaid. The Social Security Administration uses a threshold amount to measure whether an individual’s earnings are high enough to replace his/her Medicaid benefits.

Source: POMS SI 02302.200

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

Sign Up for a WISE Webinar TODAY!

Thousands of veterans receiving government supports have learned how to stay in control of these benefits while enriching their lives through employment. You can too.

If you want to work and are receiving Social Security Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), consider the Ticket to Work program. Ticket to Work is one of several Social Security Work Incentives that offer support and assistance to access employment and career development opportunities.

Work Incentive Seminar Events (WISE) are an opportunity to learn how to take advantage of Work Incentives, including Ticket to Work.

***Announcing***

National WISE Webinar for

Veterans Receiving SSI or SSDI

November 10, 2010

3:00 p.m. – 4:30 p.m. (Eastern)

Register online at www.cessi.net/wise

1-877-743-8237 (V/TTY)

Register for this free WISE Webinar or find WISE events in your area at www.cessi.net/wise.

Approximately 2 days before the event, all those who have registered will receive an e-mail message with instructions on how to log in to the Webinar. Please be sure to check your spam folder. Registration information will also be available online at www.cessi.net/wise on the day of the webinar.

If you have questions, please email wise@cessi.net or call 1-877-743-8237 (v/tty).

If you would like to help spread the word about this webinar, please contact wise@cessi.net for an electronic copy of the flyer.

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

Pomeroy Outs Republican Plan on Social Security

Ways and Means Social Security Chairman Earl Pomeroy (D-ND) today released the results of a study from the Chief Actuary of Social Security analyzing several proposals, including those advanced by Republican Congressional leaders, as ways to reduce the long-term cost of Social Security. The analysis reveals that, contrary to the assertions by their proponents, these proposals would have a profoundly negative impact on the retirement security of middle-class seniors in addition to high-income retirees. ...

The Office of the Chief Actuary analyzed several proposals - including those by Budget Committee Ranking Member, Rep. Paul Ryan (R-WI), and Minority Leader John Boehner (R-OH) - that claim to make "modest" changes affecting higher-income seniors in order to "save" Social Security.

"The new analysis reveals that these proposals result in benefits cuts ranging from ten percent to as high as 50 percent,” continued Pomeroy.

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

No Changes in COLA, SGA, etc for 2011

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

SSA Terms Defined - IRWE

IRWE = Impairment-Related Work Expenses

SSA deducts the cost of items and services that you need to work because of your impairment (e.g., attendant care services, medical devices, etc.) when they decide if you are engaging in substantial gainful activity (SGA). It does not matter if you also need the items for normal daily activities. They can usually deduct the cost of these same items from earned income to figure your SSI payment.

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

President Pens WIPA Into Budget Through 2011

Statement by the Press Secretary

On October 13, 2010, the President signed into law:

H.R. 946, the “Plain Writing Act of 2010,” which requires Federal agencies to use plain writing in certain government documents that are issued to the public;

H.R. 3219, the “Veterans’ Benefits Act of 2010,” which makes changes in several veterans' affairs programs and benefits, including: (1) insurance; (2) disability compensation and pension; (3) education, employment, and small business; (4) housing and homeless veterans' programs; (5) memorial affairs; (6) civil relief issues; and (7) construction;

H.R. 4543, which designates the facility of the United States Postal Service located in San Jose, California, as the “Anthony J. Cortese Post Office Building;”

H.R. 5341, which designates the facility of the United States Postal Service located in Brighton, Michigan, as the “Joyce Rogers Post Office Building;”

H.R. 5390, which designates the facility of the United States Postal Service located in Cleveland, Ohio, as the “David John Donafee Post Office Building;”

H.R. 5450, which designates the facility of the United States Postal Service located in Los Angeles, California, as the “Tom Bradley Post Office Building;” and

H.R. 6200, the “WIPA and PABSS Extension Act of 2010,” which reauthorizes, through FY 2011, Social Security Administration work incentive and support programs designed to help certain beneficiaries, including those with disabilities, return to the workforce.

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

Services Covered by North Dakota Medicaid

Medicaid covers a specific list of medical services. Some covered services have limitations or restrictions. It is a recipient's responsibility to ask a medical provider whether a particular service being provided is covered by Medicaid. Do not assume that all of the medical services you receive are covered and paid by Medicaid. Non-covered medical services are the recipient's responsibility. The services listed below are a general listing, some covered services have limitations or restrictions.

Hospital

Inpatient: Covers room and board, regular nursing services, supplies and equipment, operating and delivery room, X-rays, lab and therapy.

Outpatient: Covers emergency room services and supplies, lab, X-ray, therapies, drugs and biologicals, and outpatient surgery.

Nursing Facility

Covers room and board, nursing care, therapies, general medical supplies, wheelchairs, and durable medical equipment.

Clinics, Rural Health Clinics

Covers outpatient medical services and supplies furnished under the direction of a doctor.

Hospice

Provides health care and support services to terminally ill individuals and their families.

Physicians

Covers medical and surgical services performed by a doctor; supplies and drugs given at the doctor's office; and X-rays and laboratory tests needed for diagnosis and treatment.

Prescription Drugs

Covers a wide range of, but not all, prescription drugs, insulin, family planning prescriptions, supplies, and devices. Requires a prescription from a doctor. Pharmacists can tell you if a particular drug is covered by Medicaid.

Chiropractor

Covers X-rays and manual manipulation of the spine for certain diagnosis.

Health Tracks (EPDST)

Covers screening and diagnostic services to determine physical and mental status, and treatment to correct or eliminate defects or chronic conditions and help prevent health problems from occurring for children under 21. Also covers orthodontia and vaccinations.

Home Health

Covers nursing care, therapy and medical supplies when provided in a recipient's home. Care must be ordered by a physician and provided by a home health agency.

Durable Medical Equipment and Supplies

Covers medical supplies such as oxygen and catheters and reusable equipment that is primarily medical in nature. Items must be medically necessary and do not include exercise equipment, personal comfort or environmental control equipment.

Dental

Covers exams, X-rays, cleaning, fillings, surgery, extractions, crowns, root canals, dentures (partial and full) and anesthesia.

Family Planning

Covers diagnosis and treatment, drugs, supplies, devices, procedures and counseling for persons of child bearing age.

Sterilization

Covers sterilization procedures if: (1) The recipient is at least 21 years old; (2) The recipient is legally competent; (3) The recipient signs an informed consent form; and (4) At least 30 days but not more than 180 days have passed between the signing of the consent form and the sterilization.

Podiatry

Covers office visits, supplies, X-rays, glucose and culture checks, and surgery procedures.

Mental Health

Covers psychiatric and psychological evaluations, inpatient services in a psychiatric unit of a hospital, individual-group-family psychotherapy, partial hospitalization services, and inpatient psychiatric and residential treatment centers services for individuals under 21 for the care and treatment of metal illness or disorders.

Ambulance

Covers ground and air ambulance trips, attendant, oxygen, and mileage when medically necessary to transport a recipient to the closest health care facility meeting his needs. House Bill 1282 permits ambulance personnel to refuse transport to an individual where medical necessity cannot be demonstrated and recommend an alternative course of action for the individual. If the ambulance was not medically necessary, Medicaid will not pay for the service.

Transportation

Covers non-emergency transportation services to and from the recipient's home to the closest medical provider capable of providing a medically necessary examination or treatment.

Vision

Covers exam, glasses, frames and some hard contact lenses for the correction of certain conditions. Replacement eyeglasses may only be provided after a minimum of 12 months for children under 21 or 36 months for adults if a lens change is medically necessary. An exception to the replacement limitation may be made if new eyeglasses are required for a significant change in correction and the eyeglasses are prior approved. Lost or broken glasses for individuals over 21 will not be replaced within the first three years.

Therapies

Covers physical and occupational therapy and speech and language pathology.

Waivered Services - Home and Community Based Services, Traumatic Brain Injury

Provides personal care and other services not otherwise covered under the Medicaid program to individuals who are at risk of institutionalization in a nursing facility.

Out-of-State Services

Medically necessary covered services may be provided outside of North Dakota if the services are not available within North Dakota and have been prior approved by the department or if the services are provided in an emergency situation.

Source: Website of the North Dakota Department of Human Services at http://www.nd.gov/dhs/services/medicalserv/medicaid/covered.html.

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

Obama Signs Rosa's Law

Today, President Barack Obama signed into law Rosa's Law, which will change references in federal law from "mental retardation" to "intellectual disability", and references to a "mentally retarded individual" to an "individual with an intellectual disability"

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

How do payments from Programs for Older Americans affect SSA disability benefits?

Beneficiaries aged 55 and older who are working under government-sponsored training programs, referred to as Programs for Older Americans, or Senior Community Service Employment Programs (SCSEP), need accurate information as to how wages and other payments under these programs affect SSA disability benefits. In order to know this, it is important to understand the relevant POMS citations in both the Title II and SSI programs.

These programs are established in chapter 35 of title 42 of the U.S. Code, Programs for Older Americans. There are different programs established under the Older Americans Act, such as Foster Grandparents, and volunteer programs. The focus of this entry is employment programs. Here is a summary of Chapter 35, subchapter IX:

Programs for Older Americans, Subchapter IX – Community Service Employment Program

This program was established to foster individual economic self-sufficiency and promote useful opportunities in community service activities, including community service employment, for individuals who meet the eligibility criteria. Criteria include: age 55 or older, has

income of not more than 125% of the poverty level (excluding income that is unemployment compensation, SSI, veteran’s benefits paid from the VA, or 25% of SSA Title II benefits). The program also ensures that safe and healthy conditions are provided and will ensure that the participants will be paid wages that shall not be lower than whichever is highest of: the minimum wage under the Fair Labor Standards Act, the state or local minimum wage, or the prevailing rates of pay for individuals in similar public occupations by the same employer.

Here is a link for more information about Chapter 35: http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_35.html

Under the Title II program, (SSDI, CWB, DWB), the relevant POMS citation that provides information about evaluating payments under these programs is DI 10505.025 – Special Employment Situations.

Here is the relevant section:

1. Job training and employment programs

a. General

Federal funds have been made available to State and local agencies to provide job training and employment opportunities for economically disadvantaged, unemployed and underemployed people to prepare them to function acceptably in various kinds of competitive employment.

b. Documentation and evaluation

The work activity of a person in a government-sponsored job training program must be evaluated under the usual criteria for earnings and services as discussed in DI 10505.001 through DI 10505.020, in order to determine whether he or she is engaging in SGA. A decision as to whether the work is SGA, and when such SGA may have begun, should be based on information as to the person's “countable earnings” and performance. Workers under any of these programs should not, therefore, be treated as a group. Rather, each case should be evaluated on its own merits.

The “countable earnings” of a person involved in a government-sponsored job training program are determined in the same manner as for all types of employees, as discussed in DI 10505.001. It should be noted, however, that subsidies are frequently involved in work for such programs. It is important, therefore, to consider this possibility and, when appropriate, to develop thoroughly the issue of subsidy in accordance with DI 10505.010A.

If, after the issue of subsidy (and/or impairment-related work expenses (IRWE)) is resolved, a person’s “countable earnings” are not more than the amount shown in the SGA Earnings Guidelines, and if the work does not meet either the test of comparability or the test of worth of work in circumstances where these tests apply (see DI 10505.020C.), the work activity will not be found to represent SGA. (See DI 10505.015 for when averaging earnings applies.)

Under some government-sponsored programs, part of the participant's time may be devoted to on-the-job training. Whether the person's activity is all work or whether such training is also involved, all of the SGA tests as discussed above apply.

For purposes of charging months of the trial work period (TWP), the provisions in DI 13010.050 apply.

In other words, under the Title II program, the work activity of a beneficiary participating in a program for older Americans will be evaluated in the same manner as other employment situations, with special attention paid to the possibility of subsidy. Payments that do not reflect work activity, such as reimbursement for expenses, would not be counted.

Under the SSI program, there may be a distinction between earned and unearned income, and what income is “countable”. The relevant citation here is: SI 00830.640 Programs for Older Americans:

A. INTRODUCTION

The Federal Government through the Administration on Aging is involved in a variety of programs for older Americans. The programs may be operated by State or local governments or community organizations. Some types of programs are:

· health services;

· nutrition services (see SI 00830.635);

· legal assistance; and

· community service employment.

B. POLICY

1. Wage or Salary

A wage or salary paid under chapter 35 of title 42 of the U.S. Code, Programs for Older Americans, is earned income subject to the general SSI policies on earned income.

2. Not a Wage or Salary

Anything provided under chapter 35 of title 42 of the U.S. Code, Programs for Older Americans, other than a wage or salary is excluded from income.

C. PROCEDURE

1. Verify Program

Use documents in the individual's possession, contact with the provider or a local council on aging, or a precedent to verify that the program is funded by the Federal Government under chapter 35 of “The Older Americans Act ” and whether a wage or salary is paid.

2. Wage or Salary

See SI 00820.100 ff.

3. Not a Wage or Salary-Accept Allegation

Accept the individual's allegation of receipt of anything other than a wage or salary and exclude it without further development unless you have reason to question the allegation.

To summarize, wages that an SSI beneficiary receives through a program for older Americans would count as earned income, and all of the earned income exclusions would apply. Any other type of payment would not count either as earned or unearned income. This is great news for SSI beneficiaries, as earned income is treated more favorably than unearned income under this program.

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

Health Care Reform - Changes in Law

This past week was the six month anniversary of the signing of the Affordable Care Act by President Obama. Several important pieces of the health care reform bill went into effect on September 23, 2010. This post highlights the most important changes in federal health care law. In addition, it provides more information on www.healthcare.gov, a national website that has valuable information for everyone wanting more information.

In effect as of September 23, 2010:

Rescission is Outlawed

Insurance companies aren’t allowed to drop people’s coverage when they get sick (this is known as “rescission”).

New Coverage Options for Children

Insurance companies aren’t allowed to deny coverage to children under 19 because of pre-existing conditions.

Children can stay on (or be added to) their parents’ insurance policies until they turn 26, if they can’t get insurance through a job. This applies to all insurance plans that provide dependent coverage. A new open enrollment period for children starts on September 23, 2010 and is required by law to continue for at least 30 days.

Ban on Lifetime Coverage Limits

For new individual insurance and all group plans, insurance companies aren’t allowed to put caps on the amount they will spend on lifetime coverage costs on “essential benefits”. Essential benefits include hospital stays, doctor visits, and prescription drugs.

Annual limits are restricted in all group plans and in new individual plans. Starting in 2014, annual limits will be banned completely.

More Preventive Services Covered by Private Health Coverage

All new group and individual plans will have to cover certain recommended preventive services, like cancer and diabetes screenings. Insurance companies will be required to offer these services free to the patient - without deductible, coinsurance, or copayment charges.

In effect in 2011:

Prescription Drug Discounts for People who Fall in Medicare’s Donut Hole

Starting January 1, 2011, people on Medicare who fall within the prescription drug coverage gap (the “donut hole”) will get a 50% discount on brand name prescription drugs and a 7% discount on generics.

These discounts are in addition to the annual rebates for people who fall in Medicare’s “donut hole”.

The website www.HealthCare.gov can provide you with invaluable information on changes under the health reform bill, the Affordable Care Act of 2010 (ACA).

For beneficiaries, there is an easy-to-use tool on this website called “Find Insurance Options”. Beneficiaries can use this tool by themselves to learn about the health care options that are available to them, given their circumstances (age, health condition, etc.). For example, it will provide information on specific Medicaid categories that they may be qualified for. It can ba found at: http://finder.healthcare.gov/ .

To read about changes to the High Risk Pool program in you state, go to http://www.healthcare.gov/law/provisions/preexisting/index.html and enter in your state. You will learn about how your state has chosen to implement its Pre-Existing Condition Insurance Plan program, which can either supplement or replace the existing state High Risk Pool. There is also a timeline on the website showing major changes that occur each year, with links to more information on each change.

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

Verizon Customers, Welcome To Haven!

by Walter Gramza

It's finally here! An affordable, fully accessible phone from Verizon

Wireless.

As of July 29th, 2010, Verizon Wireless has available in its stores a phone

for blind and visually impaired persons which is fully audible via Nuance

speech. There is no extra charge for the speech package, as it is already

installed in the phone and ready for use out of the box.

It is important to note here that when you go to the store, please make sure

that you tell the person assisting you to be sure to turn on the voices

called read outs, located under settings, then sounds, and down to voices.

The six items to be turned on are:

. Menu read out

. digit read out

. alert read out

. flip open and talk

. text message read out

. full read out

In order for the phone to be audible these features need to be turned on.

Placing a Call:

You can enter the contact list by pushing the right soft key in the upper

right hand corner of the phone and then arrow through the contacts or by

pressing the letter of the contact you wish to call. For example, *v* for

Verizon Wireless. Then you can hit ok to view the contact information and

hit send to place a call.

You can enter into your call list of choice which are:

1. Missed calls

2. Dialed calls

3. Answered calls

4. All calls

After entering any one of the lists, you can edit the list and if desired,

delete the specific name and number within the list. You can find out how

much battery strength you have, signal strength, and how many messages,

voice mails, and missed calls you have. You can use the alarm clock, set a

time audibly, use the calculator, tip calculator, and send and read texts.

In short, you are prompted through every one of the functions you are

performing. You can even ask it to call someone provided that they are in

the contact list.

A Braille manual is available through Samsung. Remember, when you go to

Verizon Wireless, you'll need to get the hex number, which they can give

you. You then call Samsung at 888-987-4357 and provide them with this

number along with your address and it will take about one month to receive

the manual. You can also purchase an extended battery which lasts one and

one half times longer than the standard battery.

This is best as any phone with speech uses more battery power and shortens

the life of the battery. By having the extended battery it should bring you

through the day safely. I always make it a habit to charge the phone each

night so that I begin a new day, the phone also begins a new day as well.

When you put the phone into the base charger it says *charging.* When the

phone is charged it says *charge complete.*

If you are a Verizon Wireless customer and are eligible for an upgrade, you

can get the phone for free. If you want to start a new contract with

Verizon Wireless, you get the phone for $40.00 complete with speech software

included. If anyone would like assistance in learning the functions of the

phone, they may contact me via email at:

wgramza1@verizon.net

I hope that you will go and get this phone seeing that this is the only

other phone outside of the 3gs iPhone by apple that is accessible with step

by step prompts throughout the entire phone. Let's show Verizon how

grateful we are for a well planned phone by taking advantage of such a great

item.

Article Source:

Matilda Ziegler Magazine for the Blind

Click this link for a lengthy podcast demonstrating all the phone's

features:

http://www.sendspace.com/file/kckby2

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

SSA ISSUES FAVORABLE NEW REGS

SSA has issued new regulations that incorporate improvements to the Supplemental Security Income (SSI) program required by the HEART Act (Heroes Earnings Assistance and Relief Tax Act of 2008). The HEART Act changes, in a positive manner, the way SSA treats certain cash payments to members of the uniformed services and veterans and cash and in-kind payments to AmeriCorps volunteers.

These include:

State Annuities for Blind, Aged, or Disabled Veterans

Before the HEART Act, SSA counted State annuity payments as income in the

month received, and as a resource if retained into the following month. SSA

is revising sections 416.1124 (Unearned income not counted) and 416.1210

(Exclusions from resources; general) to reflect section 202 of the HEART Act

and exclude, for SSI eligibility and benefit determinations, annuity

payments that a State pays to a person (or his or her spouse) because the

State has determined that the person is: A veteran; and Blind, disabled, or aged.

Under section 202 of the HEART Act, SSA excludes these payments from income

for the month received and from resources beginning with the month after the

month received.

AmeriCorps State and National and AmeriCorps NCCC Payments

Prior to the HEART Act, SSA treated cash or in-kind payments from the

AmeriCorps State and National and AmeriCorps NCCC programs as countable

income. SSA is revising sections 416.1112 (Earned income not counted) and

416.1124 (Unearned income not counted) to reflect section 203 of the HEART

Act. For SSI eligibility and benefit determinations, SSA will exclude from

countable income any cash or in-kind payments to program participants or on

the AmeriCorps participants behalf. Such payments may include, but are not

limited to: Food and shelter, stipends, living allowance payments, clothing

allowances, educational awards, and payments in lieu of educational awards.

These welcome regulations became effective on September 7, 2010

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

Employee-Employer Relation Changes

Recent changes have been made to some POMS citations regarding employer-employee relations. These changes were published on 8/18/2010 at SSA’s Program Policy information site. To view the announcement in its entirety, go to: LINK

Background

SSA is updating RS 02101.058 - RS 02101.092 to clarify and include additional policy information. SSA separated the policies for employees and independent contractors to simplify determinations of worker status. SSA incorporated Internal Revenue Rulings to provide supporting credentials to the policy updates.

Summary of Changes

These updates reflect the following changes:

RS 02101.058 Financial Control Involving Significant Investments

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Included definitions for facilities and significant investments;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.060 Financial Control Involving Opportunity for Profit or Loss

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Provided a definition for profit and loss;

- Provided an example of an employee unlikely to realize a profit or suffer a loss;

- Provided policies for employee status and independent contractor status;

- Renamed title; and

- Updated background information.

RS 02101.062 Working for More Than One Person or Firm at a Time

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.064 Financial Control Involving Services Available to the Public

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Provided an example of an independent contractor providing services to the public;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.066 Employer’s Right to Terminate Workers

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.068 Worker has the Right to Quit at Any Time

- Added citation for IRS Revenue Ruling;

- Included a reference link to the Social Security Handbook;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.080 Specific Types of Work—General

Deleted this section and moved its contents to RS 02101.084.

RS 02101.084 Employment Status of Artisans

- Combined RS 02101.080 - RS 02101.089 into one section;

- Deleted previous subsections RS 02101.080, .085, .086, .087, .088, and .089;

- Included examples of occupations held by artisans;

- Provided a definition of an artisan;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

RS 02101.085 Artisans Employee Status

Deleted this section and moved its contents to RS 02101.084.

RS 02101.086 Artisans Independent Contractor Status

Deleted this section and moved its contents to RS 02101.084.

RS 02101.087 Artisans Dual Status

Deleted this section and moved its contents to RS 02101.084.

RS 02101.088 Artisans Weight of Factors

Deleted this section and moved its contents to RS 02101.084.

RS 02101.089 Artisans Additional Test

Deleted this section and moved its contents to RS 02101.084.

RS 02101.092 Employment Status of Barbers

- Added citation for IRS Revenue Ruling;

- Included a reference link to a relevant IRS Publication;

- Provided policies for employee status and independent contractor status; and

- Renamed title.

I hope that you find this information useful.

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

President Barack Obama Issues Executive Order — Increasing Federal Employment of Individuals with Disabilities

Link to full text of Executive Order

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

Medicare Savings Programs

The Medicare Savings Programs provide special limited Medicaid coverage to assist with certain costs for Medicare beneficiaries with low income and few assets. In North Dakota, these programs include the following.

The Qualified Medicare Beneficiaries (QMB) program pays for Medicare premiums, deductibles, and coinsurance payments. The income level (maximum income) for QMB eligibility is equal to 100 percent of the poverty level applicable to a family of the size involved. For 2009/2010, the monthly income level is $903 for a one-person unit and $1,215 for a two-person unit.

The Specified Low-Income Medicare Beneficiaries (SLMB) program pays only the Medicare Part B premiums for the beneficiaries. Individuals who have SLMB coverage may also have coverage under another Medicaid program, such as the Workers with Disabilities Medicaid buy-in program, if they meet the eligibility criteria for the other Medicaid program. The income level for SLMB is equal to 120 percent of the applicable poverty level. For 2009/2010, the monthly income level is $1,083 for a one-person unit and $1,457 for a two-person unit.

The Qualifying Individuals (QI) program pays only the Medicare Part B premiums for the beneficiaries. However, unlike SLMB coverage, QI coverage is not available to beneficiaries who are in receipt of any other Medicaid benefits for the same period. The income level for QI is equal to 135 percent of the applicable poverty level. For 2009/2010, the monthly income level is $1,219 for a one-person unit and $1,640 for a two-person unit.

Effective January 2010, the asset limits for the Medicare Savings Programs are: $6,600 for a one-person unit ($4,000 in 2009); or $9,910 for a two-person unit ($6,000 in 2009).

Individuals who are covered by one of the Medicare Savings Programs are automatically entitled to extra help (the low-income subsidy) in paying for Medicare prescription drug coverage (Medicare Part D).

Sources: Medicaid Program Policy Manual 510-05-60 (Medicare Savings Programs) and 510-05-85-40 (Income Levels); Medicare and You 2010, page 79.

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

ND WISE - Come One Come All

Dickinson, ND 6-22-10 Flyer-1

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

A FREE WISE WEBINAR HIGHLIGHTING SUPPORTS AND SERVICES FOR TICKET HOLDERS WITH MENTAL HEALTH DISABILITIES

JUNE 23, 2010 FROM 3:00 – 4:30 PM (EASTERN)

If you are a person with a mental health disability interested in learning about the Ticket to Work Program or other Social Security Work Incentives, you can attend a FREE Web-based education event on work incentives! This first-ever Mental Health Work Incentive Seminar Event (WISE) Webinar will feature presentations by people who know the ins and outs of all available work incentives, including the Ticket Program. A success story of a Social Security beneficiary who used work incentives successfully will be shared. We will also be joined by a mental health peer counselor who currently works encouraging other people with mental health disabilities in their recovery through work.

Want specific information on how work and work earnings will impact your personal Social Security disability benefits? Please visit www.ssa.gov/work or www.choosework.net to get more information and to find a list of resources available in each state, including the Work Incentives Planning Assistance (WIPA) projects, professionals who can provide more information on your individual situation.

Register for this free WISE Webinar or find WISE events in your area at www.cessi.net/wise.

Approximately 2 days before the event, all those who have registered will receive an e-mail message with instructions on how to log in to the Webinar.

If you have questions, please email wise@cessi.net or call 1-877-743-8237 (v/tty).

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

Legislative/Policy News

Major Events Last Week

Medicaid

The full Senate began consideration of a tax extenders bill. The bill includes the six month extension of the American Recovery and Reinvestment Act's temporary increase in the federal share of Medicaid spending (FMAP). It is unclear if the Senate has the 60 votes needed to pass the bill. Many Senators have expressed concern about the growing deficit and the need to pay for additional spending.

ADA/Olmstead

The U.S. Department of Justice reached settlement agreements under Title II of the Americans with Disabilities Act (ADA) with Smyth County, Virginia and Lancaster County, Pennsylvania to improve access to their facilities, programs and services, including polling places and emergency services. Lancaster County was ordered to pay $1,000 to a veteran who was denied access to the court system. Title II applies to state and local governments. For additional information, see:

http://www.ada.gov/civicac.htm

Technology

The House Energy and Commerce Committee Subcommittee on Communications, Technology and the Internet held a hearing on HR 3101, the Twenty-first Century Communications and Video Accessibility Act of 2009, sponsored by Representative Edward Markey (D-MA.). The bill would enable people with disabilities to fully use broadband services and equipment and provide better access to video programming devices such as remote controls, menus on DVD players, etc. Read testimony and download the video at:

http://energycommerce.house.gov/index.php?option=com_content&view=article&id=2038:hearing-on-hr-3101-the-twenty-first-century-communications-and-video-accessibility-act-of-2009&catid=134:subcommittee-on-communications-technology-and-the-internet&Itemid=74

Major Events Ahead

Medicaid

The Senate is tentatively scheduled to vote on the tax extenders bill this week, though it is unclear if it will have the 60 votes needed to move forward. As of press time, the Senate bill includes the six month extension of the American Recovery and Reinvestment Act's temporary increase in the federal share of Medicaid spending (FMAP). While the majority of Senators have previously voted for the extension, negotiations continue as the Senate tries to find enough votes to avoid a filibuster and pass the bill.

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

White House Launches Celebration Of 20th Anniversary Of Americans With Disabilities Act

Sunday night, Valerie Jarrett, Senior Advisor to President Obama, kicked off the President’s and White House’s celebration of the 20th Anniversary of the Americans with Disabilities Act while delivering remarks to over 2,000 people from around the World at the VSA International Festival at the Kennedy Center. Valerie’s remarks, which you can find below, noted the significance of this historic landmark civil rights legislation, highlighted some of the President’s initiatives thus far related to people with disabilities and previewed that senior administration officials will be commemorating this historic anniversary in the weeks to come with new policies and events.

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

Adoption Assistance - SSI

I wanted to let you know about a Policy Instruction announcement that was recently released by SSA. These policy changes, announced on 6/1/2010, can be found in the SSA POMS SI 00830.415, entitled, “Adoption Assistance.”

This transmittal includes a change in policy regarding how certain types of adoption assistance are counted as unearned income for the purposes of the SSI program.

Background

The Fostering Connections to Success and Increasing Adoptions Act was signed into law in October 2008. The Act amends section 473 of the Social Security Act and emphasizes the promotion of permanent families for children and youth in foster care. This section was revised to include that effective 10/1/09 adoption assistance payments under Title IV-E for an “applicable child” are treated as unearned income and are subject to the $20 general income exclusion. This section was also revised to include that effective 10/1/09, Kinship Guardianship Assistance payments are not subject to the $20 general income exclusion and are counted dollar for dollar.

To read the Policy Instruction, click HERE.

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

Scholarships for People with Disabilities

REFERENCE POINTS Financial Aid Resources

2010 J

OSHUA O'NEILL & ZESHAN TABANI ENRICHMENT FUND

This fund offers financial assistance to young adults with Down syndrome who want to enroll in postsecondary programs or take classes that will help them with employment, independent living and life skills. To date, over thirty students have receive

d grants from the National Down Syndrome Society (NDSS) to help cover the costs of pursuing their postsecondary education and enrichment goals. More information is available at http://www.ndss.org/

APPLICATION DEADLINE: JULY 16, 2010

SCHOLARSHIP OPPORTUNITY FOR GRADUATE STUDENTS

The American Psychological Foundation (APF) is now accepting applications for the 2010 Violet and Cyril Frank Scholarship, which supports a graduate level project to reduce the stigma associated with mental illness. For more information go to http://www.apa.org/apf/funding/franks.aspx

DEADLINE FOR APPLICATION: May 15, 2010.

SCHOLARSHIPS AND INTERNSHIPS FOR LATINO STUDENTS WITH DISABILITIES

The World Institute on Disability (WID) has a five-year grant to establish the National Technical Assistance Center for Latinos with Disabilities living in the United States, through Proyecto Vision. Proyecto Vision's website has a list of scholarship opportunties for college students who are Latino and who are living with disability, http://www.proyectovision.net/english/opportunities/scholarships.html

COLLEGE FUNDING FOR STUDENTS WITH DISABILITIES

From DOIT, this guide to funding a college education includes a list of disability-related scholarships and awards. http://www.washington.edu/doit/Brochures/Academics/financial-aid.html

FEDERAL STUDENT AID - GRANT PROGRAM

From Disability.gov, this fact sheet provides an overview of the major federal student aid grant programs. The federal government provides grant funds for students attending colleges, including career colleges and universities. Grants, unlike loans, do not have to be repaid. To access the fact sheet in English go to http://studentaid.ed.gov/students/attachments/siteresources/Grant_Programs_Fact_Sheet_04_2009.pdf A Spanish version is available at http://studentaid.ed.gov/students/attachments/siteresources/spanish/Grant_Programs_Fact_Sheet_04_2009%28es%29.pdf

DISABOOM SCHOLARSHIP DIRECTORY

Disaboom recently launched a scholarship directory for students with disabilities. The directory includes over 125 scholarships. The list can be found at http://www.disaboom.com/scholarships/

ON LINE COMPILATIONS OF SCHOLARSHIPS SPECIFICALLY FOR STUDENTS WITH DISABILITIES

From Michigan State University

http://staff.lib.msu.edu/harris23/grants/3disable.htm

FUNDING EDUCATION BEYOND HIGH SCHOOL - FEDERAL STUDENT AID AT A GLANCE

A quick reference guide and Federal Student Aid Summary Chart that describes various federal student aid programs, who may be eligible and how to apply. http://studentaid.ed.gov/students/publications/student_guide/2009-2010/english/glance.htm

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

Pathfinder Conference - Links on Special Needs Trusts

Met Life

Special Needs Planners

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

2010 Mecicare Part B Premium Costs

Medicare Part B Premium Fact Sheet

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

The National Beneficiary Survey (NBS)

The National Beneficiary Survey is part of the Social Security Administration’s (SSA) evaluation of the Ticket to Work and Self-Sufficiency program (TTW). The NBS collects data on knowledge of TTW, participation in TTW, program experiences of beneficiaries who use their Tickets, and perceptions about TTW and other SSA programs designed to help beneficiaries with disabilities find and keep jobs. Though some sections of the NBS ask about beneficiary activity directly related to TTW, most of the survey captures more general information on SSA beneficiaries, including their disabilities, interest in work, employment, barriers to work, and use of services. In an effort to ensure that the survey represents the full range of beneficiary perspectives, the survey is fielded using procedures that accommodate the needs of respondents with all kinds of disabilities. The first three rounds of the NBS were conducted in 2004, 2005, and 2006. The fourth round of the NBS is being conducted in 2010.

For more information, continue to the NBS page.

NEW If you have been asked to respond to the NBS, see answers to Frequently Asked Questions.

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

Chairman Pomeroy's Opening Statement at Yesterdays House Social Security Subcommittee Hearing

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

COBRA FAQ's

In 2009, the American Recovery and Reinvestment Act (ARRA, also called the Stimulus Act) provided a 65% reduction in monthly COBRA premiums for individuals who met the qualifications.

Below you'll find some helpful facts on this Health Insurance coverage option.

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Question:
I was recently laid off of my job. I was told that I may be able to get a reduction in my COBRA premiums? Is this true?

Answer:
The answer to this question depends on when you were laid off and under what circumstances. The American Recovery and Reinvestment Act of 2009 (ARRA) provides for a 65% reduction of COBRA premiums in some cases. You can pay only 35% of the full COBRA premium for up to 15 months if you are eligible for the premium assistance. To qualify, you must have involuntarily lost your job between September 1, 2008 and February 28, 2010. If your job ended on or after March 1, 2010 you will not be eligible for the premium assistance. You will also not be eligible for premium assistance if you quit your job – but you can still use COBRA to continue your employer-sponsored group health coverage.

Here are two examples. In the first case, my job ended on February 7, 2010. I did not quit but was laid off. My health coverage from my job will end at the end of February. Under COBRA, I can choose to continue the group health coverage for myself and for any dependents after February. I will have to pay a monthly premium to keep this coverage. Because my job ended before March 1, 2010 I am eligible to pay a reduced monthly premium (only 35% of the full premium) for up to 15 months. After 15 months, if I still need the coverage, I will have to pay the full premium amount each month.

In a second example, I am laid off on March 4, 2010. I am not eligible for premium assistance under ARRA because my job ended after February 28, 2010. I can still use COBRA however to continue the health coverage for myself and any dependents. I can continue my health coverage for up to 18 months (or 29 months if I have been determined disabled by Social Security).

What Is COBRA Continuation Coverage?

COBRA law was enacted in 1985 under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows an employee to choose to continue employer-sponsored group health coverage after the employee stops working. The employee can choose to pay a monthly premium and continue the health coverage for themselves and any dependents who were covered by the plan. To qualify for continuation coverage under COBRA, an employee must have lost group health coverage because of: 1) voluntary or involuntary termination of employment, for reasons other than gross misconduct, or 2) a reduction in the hours they work. There are other events (such as the death of a covered employee, divorce, or a child's loss of dependent status) that can provide someone with an opportunity to continue health coverage under COBRA. The employee can continue health coverage for up to 18 months, or up to 29 months if they are found disabled according to Social Security rules.

When a beneficiary is considering using to use COBRA, it is important that they consider all other possible health coverage options, such as Medicaid. COBRA premiums can be very expensive for many of the beneficiaries we work with. The ARRA premium assistance program has made COBRA premiums more affordable, but this program will not be available to workers whose jobs end after February 28, 2010. Often individuals will use up all of their savings paying COBRA premiums, when there are other less expensive alternatives that can provide them with health coverage.

Employers with 20 or more employees are subject to federal COBRA rules. In your state, additional employers may be required to offer continuation coverage. 40 states have laws that expand the federal COBRA laws. You can find information on your state COBRA laws at:

http://www.statehealthfacts.org/comparetable.jsp?cat=7&ind=357&typ=5&gsa=1

Full information on COBRA, including how to enroll in COBRA continuation coverage, can be found at the U.S. Department of Labor website:

http://www.dol.gov/ebsa/cobra.html

This website provides a Fact Sheet on COBRA Premium Reduction under the ARRA:

http://www.dol.gov/ebsa/newsroom/fsCOBRApremiumreduction.html

There is also “An Employee's Guide to Health Benefits Under COBRA” will at:

http://www.dol.gov/ebsa/publications/cobraemployee.html

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

Bill Proposed to Raise SSI Asset Limit

On March 24th, Congresswoman Tsongas (D-MA), along with Congressman Petri (R-WI), introduced the SSI Savers Act of 2010 (H.R. 4937) proposing to reform the asset test in the Supplemental Security Income (SSI) program, the primary provider of subsistence cash to extremely low-income individuals, seniors, and people with disabilities.

In general, eligibility for SSI is limited to those who have assets of $2,000 or less for an individual and $3,000 or less for a couple. The SSI test generally counts all resources deemed accessible to an individual, including defined-contribution retirement accounts, such as 401(k)s and IRAs, under the asset limit.

H.R. 4937 proposes to remove savings disincentives in SSI by:

• Raising the asset limit to $5,000 for single and $7,500 for joint tax filers and indexing these limits for inflation;
• Excluding retirement savings from inclusion in the asset test for noninstitutionalized individuals under the age of 65;
• Excluding savings in qualified retirement accounts below a specified ceiling of (indexed for inflation) $10,000 for an individual and $15,000 for a couple or household for noninstitutionalized individuals age 65 or older;
• Disregarding one third of the funds drawn down from retirement accounts when calculating household income for noninstitutionalized individuals age 65 or older;
• Removing the requirement that SSI recipients, if eligible, must apply for periodic payments from their retirement savings, and;
• Excluding Education Savings Accounts and Individual Development Accounts funded all or in part with federal dollars or defined in federal programs for those under age 65.

For more information go to http://www.washingtonwatch.com/bills/show/111_HR_4937.html

Source: Justice for All http://jfactivist.typepad.com/jfactivist/current_affairs/

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

Health Care Reform - Changes Important to People With Disabilities

The recently passed Patient Protection and Affordable Care Act (Public Law 111-148) and Health Care and Education Reconciliation Act (Public Law 111-152) will result in significant reform of our nation's health care system, including extending coverage to many more millions of Americans. There's a lot to learn about the new laws, and many people have questions about how the changes will take effect. It's important to remember that some changes in the new laws will not happen immediately, but will happen over a period of years, through 2019.

The attached summary was created by the World Institute on Disability. It is intended to be a "plain language" overview for the general public, with a timeline showing major implementation dates, so that people can get a better understanding of the changes that will affect them in the short-term, to help people prioritize what to focus on first, and learn the details in stages.

2010-04-02 - Health Care Reform Article

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

Pomeroy Heads Social Security Subcommittee

Decisions made by the Social Security Subcommittee of the Ways and Means has significant and direct impact on people with disabilities in the state of North Dakota.

With Pomeroy's March 11th appointment as chairman of the Social Security Subcommittee, our state's influence over Social Security funding and legislation is assured.

Comment from Representative Earl Pomeroy

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

Effect ‘American Recovery and Reinvestment Act of 2009’ has on SSI

On February 17, 2009, the President signed the “American Recovery and Reinvestment Act of 2009” (ARRA). ARRA includes several provisions that may affect an individual’s or couple’s Supplemental Security Income (SSI) eligibility or payment amount. Below is a link to the policy and procedures for how to treat the payments that result from the following provisions:

• The one-time $250 Economic Recovery Payment (ERP).

• The Making Work Pay (MWP) tax credit for tax years 2009 and 2010.

• An increase of $25 weekly in an individual’s unemployment compensation benefit.

• The first-time homebuyer’s tax credit and deemed first-time homebuyer’s tax credit.

The full description can be found HERE


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

FAQ's About Taxes and SSA Disability Benefit Programs

These common questions about taxes and disability benefits that we hear as CWIC's around this time of the year are worth a lengthy post.

The text below was produced by our National Training Center at Virginia Commonwealth University and, although a bit lengthy - it is quite thorough.

If you have a question about taxes and SSA disability benefits, there's a good chance you'll find it here. If you can't find it here, please feel free to contact me.
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QUESTION: I have been getting services from my local Work Incentives Planning and Assistance (WIPA) project – can my CWIC help me with tax issues related to my disability benefits?

Your CWIC can offer you some very general information about certain tax issues related to SSA disability benefits, but the assistance provided will be very limited. CWICs are not qualified tax professionals and are not trained to assist with tax issues – even those related to SSA disability benefits. Your CWIC will probably refer you to either the IRS or a local tax professional if you have questions requiring a response beyond what is contained in this document.

QUESTION: Are my disability benefits taxable?

Well, that depends on which benefits you get and how much your total income is. If you receive Supplemental Security Income (SSI), you will owe no Federal or State taxes on this benefit. If you have other forms of income in addition to your SSI (such as wages) you may owe taxes on that income.

If you receive a title II disability benefit (SSDI, CDB or DWB), then you may have to pay taxes on your benefits, depending on how much your total income is. SSA reports that about one-third of their current beneficiaries do pay taxes on their benefits. Here are the situations in which taxes may be due:

· If you file a federal tax return as an “individual” and your income is more than $25,000, you have to pay taxes.

· If you file a joint return, you may have to pay taxes if you and your spouse have a combined income that is more than $32,000.

· If you are married and file a separate return, you will probably pay taxes on your benefits.

Beneficiaries who are unsure about whether or not they have to pay taxes should contact the Internal Revenue Service (IRS) or seek the services of a qualified tax professional.

­­­­­­­­­­­­­­­QUESTION: I am getting a Federal income tax refund this year. Do I need to report this to SSA?

No, you do not need to report this no matter whether you are on SSI or a title II disability benefit.

Federal and/or State income tax refunds are specifically disregarded as a form of income by the SSI program. This is because SSI counts your gross income when it is received so your SSI check has already been adjusted without regard to any taxes withheld. However, if you retain your income tax refund and your countable resources exceed the limit ($2,000 for an individual or $3,000 for a couple) you could become ineligible for SSI and Medicaid.

NOTE: Income tax refunds are not income for SSI purposes even if the income taxes were excluded from countable income as Blind Work Expenses.

In the title II program, SSA is only interested in earned income – money you receive in exchange for work performed. Income tax returns would not be considered earned income. Since the title II program is a form of insurance which is not means-tested in any way, resources are never considered. Putting your refund in the bank would have no affect on your benefits.

QUESTION: I will be getting an Earned Income Tax Credit payment this year – is that something I need to report to SSA?

The earned income tax credit (EITC) is a special tax credit that reduces the Federal tax liability of certain low income working taxpayers. This tax credit sometimes results in a payment to the taxpayer, either as an advance from an employer or as a refund from IRS. For more detailed information about the EITC go to the IRS website at: http://www.irs.gov/individuals/article/0,,id=96466,00.html

The Earned Income Tax Credit (EITC) is not counted as income for either the SSI program or the title II disability benefits and does not need to be reported to SSA. In addition, for the SSI program, any unspent Federal tax refund or payment made by an employer related to an EITC that is received on or after 3/2/04 is excluded from resources for the 9 calendar months following the month the refund or payment is received. For more information, refer to POMS SI 01130.675 Tax Advances and Refunds Related to Earned Income Tax Credits and Child Tax Credits.

NOTE: These same rules apply to the Child Tax Credit (CTC). The child tax credit (CTC) is a special refundable Federal tax credit that is available to certain low income taxpayers with earned income. They must be parents, step-parents, grandparents or foster parents with a dependent child. This child tax credit may provide a refund to individuals even if they do not owe any tax. The CTC may result in a tax refund payment to the taxpayer from IRS beginning with tax year 2001. There is no advance payment with the CTC.

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QUESTION: Is it possible for the IRS to take some of my disability benefit check if I owe money for delinquent taxes?

Yes, this is possible – but only with title II disability benefits. The SSI program does not permit garnishment, attachment or levies against payments for any reason since the assumption is that persons on SSI have very little income or resources. Effective 7/1/89, the Taxpayer's Bill of Rights (P.L. 100-647) specifically prohibits IRS levies against SSI payments.

In the title II program, the IRS may take a portion of your monthly benefit payment to recover delinquent taxes. IRC Section 6331 states that individuals and businesses with delinquent tax liabilities may be subject to a continuous 15% levy against funds owed them by the federal government (including SSA benefits) beginning in July 2000. To do this, the IRS has to file something called a “Notice of Levy” with the SSA. A Notice of Levy is continuous until the IRS tells SSA to stop levying. In processing levies, SSA is merely acting to assist IRS in its duty to collect delinquent taxes. Except for seeing that the processing requirements are met, SSA has neither the authority nor obligation to question the correctness of an IRS levy.

If a levy is received for an individual who is receiving benefits on behalf of someone else as a representative payee, it will be returned to the IRS. SSA can only levy an individual’s own benefits.

A taxpayer whose title II disability payments are subject to levy may contact the IRS to resolve the issue by paying the tax bill, entering into an installment agreement or proposing an offer in compromise. For more information about SSA’s role in processing IRS levies, refer to POMS GN 02410.100 - Internal Revenue Service (IRS) Levy.

QUESTION: Can I have taxes withheld from my Social Security Disability Benefits?

Yes, this is possible. Public Law No.103-465 amends the Internal Revenue Code (IRC) to allow individuals to request that monies be withheld from certain Federal payments to satisfy their Federal income tax liability. An amendment to Section 207 of the Act allows this withholding from title II benefits. SSA refers to this process as “Voluntary Tax Withholding” or VTW. All title II beneficiaries (adults as well as children) are eligible for VTW. However, only the beneficiary or his/her representative payee can request VTW. Voluntary Tax Withholding does NOT apply to SSI payments and there is no way to have State income taxes withheld from any SSA benefit.

Beneficiaries (or their representative payees) need to complete and sign IRS form W-4V (Voluntary Withholding Request) for a VTW request to be valid. This includes a request to stop and as well as start VTW. The withholding rates set by IRS are 7%, 10%, 15%, and 25%. Only these percentages can be used. No other percentages or flat dollar amounts are acceptable. Beneficiaries can start or stop VTW at any time. For more information on VTW processes, refer to POMS GN 02410.015 - Voluntary Tax Withholding (VTW).

QUESTION: Are there special tax deductions that people with disabilities can claim?

Yes, the IRS rules contain myriad deductions and exemptions related to disability and these would apply equally to SSI recipients and title II disability beneficiaries. There are far too many special rules for people with disabilities to describe in this document, but a helpful overview may be found in IRS Publication 907 – Tax Highlights for Persons with Disabilities. This pamphlet can be found online at: http://www.irs.gov/pub/irs-pdf/p907.pdf.

In addition to these IRS rules, many States offer additional income tax deductions and some city and county governments offer discounts on property taxes or special taxes such as fees charged for fishing or hunting licenses. Beneficiaries are encouraged to search online for State and local deductions related to disability, or to seek the assistance from a qualified tax professional.

QUESTION: I will be receiving the first-time homebuyer’s tax credit at the end of the year- Is that something I need to report to SSA?

Homebuyers who purchased a home in 2008, 2009 or 2010 may be able to take advantage of the first-time homebuyer credit. The credit applies only to homes used as a taxpayer's principal residence, reduces a taxpayer's tax bill or increases his or her refund, dollar for dollar, and Is fully refundable, meaning the credit will be paid out to eligible taxpayers, even if they owe no tax or the credit is more than the tax owed. For more information, see http://www.irs.gov/newsroom/article/0,,id=204671,00.html.

Yes, for the purposes of the SSI program, this tax credit is considered to be countable income. It would also count as a resource in the month after it was received.

In the title II program, SSA is only interested in earned income – money you receive in exchange for work performed. Tax credits would not be considered earned income. Since the title II program is a form of insurance which is not means-tested in any way, resources are never considered. Putting your tax credit in the bank would have no affect on your benefits.


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