Tuesday, December 2, 2008

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




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

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

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

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

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

Hiring authority makes it easier to hire disabled employees


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

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

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

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

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

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

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

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

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

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

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

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

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


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

Wednesday, November 19, 2008

Obama picks Daschle as health secretary: official


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

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

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

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

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

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

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

He was not immediately available for comment.

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

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


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

Tuesday, November 18, 2008

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


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

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

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

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

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

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

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


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

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

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

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

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


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

Monday, November 17, 2008

SSA and LLC's


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

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

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


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

1619(b) Threshold for 2009


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

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

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



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