New Ticket To Work Regulations!!!

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

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


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

Parent-to-Child Deeming From Stepparents

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

This final rule is effective on June 16, 2008.


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

SSA Holds Second Disability Hearing on Compassionate Allowances

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

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


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

OVERPAYMENTS!!!!! But who is liable?

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

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

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

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



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

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

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

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

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

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

Source: Social Security Handbook, sections 1906.1 and 1914.2.


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

How About a PASS???

A Plan to Achieve Self-Support (PASS) is a work incentive which allows you, as a person with a disability, to set aside income and/or resources for a specified period of time in order to pay for items or services you need to achieve a work goal. With a PASS approved by the Social Security Administration (SSA), you may use the income and/or resources set aside to pay for education, support services, job-related items, equipment needed to start a business, or just about anything else needed to achieve a vocational goal.

When the income or resource is set aside for use in a PASS, it is not counted for the purpose of determining financial eligibility for, or the amount of, an SSI payment to you. A PASS is self-financed, and you therefore use your own money to pursue the plan. The SSA does not give you extra money up front to purchase the items and services you need to achieve your vocational goal. However, by setting your funds aside as part of a PASS, you can become eligible for SSI or receive a higher amount of SSI, and that SSI payment can replace some or all of the money you set aside in the PASS. Also, once you are an SSI recipient, you are eligible for Medicaid.

Example:
Janet has income that consists solely of Social Security Disability Insurance (SSDI) benefits in the amount of $700 per month, which is too high for her to be financially eligible for SSI. She wants to become a computer programmer. Vocational Rehabilitation (VR) will pay for part of the costs for Janet to complete a computer programmer course. Janet sets aside $680 per month of her SSDI benefit to use in a PASS to pay for a laptop computer, books, supplies, and other items for which VR will not cover. These funds set aside in the PASS make Janet eligible for an SSI payment of $637 per month, which is the maximum SSI benefit rate for an individual. With that SSI payment and the $20 per month unassigned portion of her SSDI benefit, Janet has $657 per month with which to pay her living expenses. Although that amount is $43 per month less than the $700 she had for personal use before she developed her PASS, she is now able to pay for the items and services she needs to reach her goal.



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

Need Help Filing for the Economic Stimulus Payment?

Super Saturday — March 29

Several IRS offices in North Dakota will be open on Super Saturday to prepare the simple Form 1040A for people who are filing a return solely to receive their stimulus payment. Operating hours will be 9 a.m. to 3 p.m., although some may be open longer. IRS employees will help prepare the Form 1040A returns for low-income workers, retirees, disabled veterans and others.
IR-2008-50, IRS Sets March 29 as “Super Saturday” to Help Retirees, Veterans, Low-Income Workers Receive Economic Stimulus Payments
Super Saturday Locations for March 29
Super Saturday in North Dakota


Locations


Belcourt - BIA 7, House 85(Legal Services of ND Belcourt)58316
Legal Servicesof ND-BelcourtPathways to Progress
10 a.m. - 2 p.m.

Bismarck - 2911 N. 14th Street58503
IRS
9 a.m. - 3 p.m.

Fargo - (Federal Bldg)657 Second Avenue N58102
IRS
9 a.m. - 3 p.m.

Grand Forks - (Federal Bldg Courthouse)102 N. Fourth Street58203
IRS
9 a.m. - 3 p.m.

Minot - 305 17th Avenue SW58701
IRS
9 a.m. - 3 p.m.

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

More on the Economic Stimulus Package - Tax Prep

Individuals who need to file a return this year to receive a stimulus payment may be able to take advantage of thousands of free tax preparation sites nationwide for low-income and older taxpayers.
Free File: Economic Stimulus Paymentprovides free tax preparation software and electronic filing for people who are submitting a return solely to receive their economic stimulus payment
The Volunteer Income Tax Assistance (VITA) program provides help to low- and moderate-income taxpayers. Call 1-800-906-9887 to locate the nearest VITA site.

Remember that you must file tax returns even if you don't have taxable income in order for the payment to be released to you.

Social Security benefits, Veteran's benefits, and Railroad Retirement benefits all are qualifying income for the payments. If a person has more than $3,000.00 in any of these benefits, that individual will be due a rebate payment at least of $300.00.

Remember that SSI is not qualifying income. These payments will also not affect income-sensitive programs such as SSI.

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