A disabled or blind individual whose eligibility for SSI payments ended because of earnings can request expedited reinstatement of his/her SSI benefits without filing a new application. To qualify for expedited reinstatement, the individual must make the request within 60 months after his/her eligibility ended and must have a disabling medical condition that: (1) is the same as (or related to) the disabling medical condition that led to the previous period of eligibility and (2) prevents him/her from performing substantial gainful activity. In determining whether the individual is disabled or blind, the medical improvement review standard is applied. Normal nonmedical requirements for SSI eligibility still apply.
An individual requesting expedited reinstatement may receive up to 6 months of provisional benefits while his/her request is pending. These benefits generally are not considered an overpayment if the request is denied. Provisional benefits may include Medicaid but do not include any State supplementary payments. Provisional benefits also may be received by the individual's spouse at a couple's rate if the spouse was previously eligible for SSI as a spouse.
2. Application or Re-Application Process
Individuals can apply or reapply for SSI benefits at any one of the approximately 1,300 SSA field offices around the country or through SSA teleservice centers. The claims process includes the application interview, the obtaining of necessary evidence and documentation, and the adjudication of the claim. Although many of the eligibility requirements for the Social Security program and the SSI program are different, the application process is very similar. Many times, individuals file for benefits under both programs at the same time.
SSA corroborates information provided by applicants for SSI through independent or collateral sources. Generally, the basic responsibility for obtaining evidence lies with the claimant, although SSA often gives advice and assistance on ways to obtain the needed information. Because of the special circumstances of the SSI population (for example, financial need, old age, or illness), SSA makes special efforts to assist claimants in obtaining the necessary proofs.
With regard to disability and blindness claims, SSA makes determinations of all of the nonmedical eligibility factors whereas each State's Disability Determination Services (DDS) makes determinations of the medical eligibility factors.
3. Determination of Eligibility for Benefits
SSI applications have no retroactivity and become effective in the month after the month of filing or the month after all eligibility requirements are met, whichever is later. Eligibility for benefits is determined on a current monthly basis. The amount of the monthly benefit generally is determined using income in the second month preceding the month for and in which the benefit is paid (a method called retrospective monthly accounting). However, at the start of a period of eligibility or re-eligibility, the benefits for the first and second months are both determined using the income received in the first month. (One-time, nonrecurring income would only be counted in the month received.)
4. Payment of Benefits
SSI benefits generally are paid on the first day of each month. If the first of the month falls on a weekend or legal public holiday, benefit payments are delivered on the first working day preceding such Saturday, Sunday, or holiday. While SSA strongly encourages all SSI beneficiaries to receive their monthly benefits by direct deposit, benefit payments are also made by check if individuals do not wish to have their benefits sent directly to a financial institution. Monthly benefit payments include both the Federal SSI and State amounts if the recipient lives in a State in which SSA administers the State supplementary payment. (See section III.G.)
5. Ensuring Continued Eligibility for Benefits
SSI recipients are required to have their nonmedical eligibility factors redetermined periodically, generally every 1 to 6 years depending on their specific situation.
In addition to these nonmedical reviews, medical reviews are conducted on disabled or blind recipients in order to determine if they continue to be disabled or blind. For administrative efficiency the medical reviews are done most often on those disabled or blind recipients whose medical conditions are considered likely to improve. Medical reviews are required for disabled or blind recipients, for example, under the following circumstances:
When earnings of recipients exceed the substantial gainful activity (SGA) level which changes yearly, $940.00 in the year 2008.
At least once every 3 years for recipients under age 18 whose medical conditions are considered likely to improve;
Within 1 year after attainment of age 18 and using the adult eligibility criteria, for recipients whose eligibility for SSI benefits was established under the disabled child eligibility criteria.
Applicants and recipients are required to report events and changes of circumstances that may affect their SSI eligibility and benefit amounts. Such reports are required, for example, when an individual has a change in the amount of his/her income or resources, changes living arrangements, or leaves the United States. Failure or delay in submitting a required report can result in monetary penalties or ineligibility for SSI benefits.
The basic "failure to report" penalty is $25 for the first such failure or delay, $50 for the second such failure or delay, and $100 for each subsequent failure or delay. However, in cases of fraud or false representation of material facts, SSA's Inspector General can assess civil monetary penalties in amounts as large as $5,000. SSA also has the authority to suspend eligibility to SSI benefits for periods of 6, 12, or 24 months.
Additionally, SSA may use an accelerated rate of overpayment recovery to encourage accurate reporting. Overpayments to SSI recipients are generally recovered by withholding from the monthly benefit an amount equal to 10 percent of the individual's countable monthly income. For many recipients whose only income is SSI, this amounts to 10 percent of their monthly SSI payment. However, if SSA determines that misrepresentation or concealment of material information has occurred, 100 percent of the monthly SSI benefit may be subject to recovery.
In consideration that the maximum monthly SSI benefit is about $637.00 in 2008 and may be reduced on your economic need it is important to consider any work attempt and/or other income producing endeavor or claim on a cost benefit analysis and "know the math" or your monthly budget if your SSI benefits are terminated due to the above or change in financial circumstances. Notably, any claim recovery, personal injury, auto collision claim, etc. may stop your SSI benefits indefinitely. Consult with a Social Security attorney first, before any claim settlement!
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( 2.7 / 6 )How is it that your disability insurance company can take your Social Security back benefits from right under your nose?
The answer is, you let them by signing documents with a representative the insurance company recommended and that "recommended" representative had you sign documents allowing him/her to take your back benefit monies to pay your insurance company.
How is that possible? Because there are so many documents in the application process you may not be fully aware of this "loop hole" that allows insurance company to have their cake (your disability premiums) and eat it to (your Social Security back benefits for the amount paid to you). In other words the insurance company not only received those premiums you paid but now they get all the money back for the money paid on your claim. Wouldn't you like to have the option of holding on to your back benefit monies? If yes, obtain an attorney not recommended by any insurance company. See below how the insurance company and their "recommended" representative uses the rules below to take your money.
Social Security has a general rule under GN 02410.001 Assignment of Benefits, and Section 207 of the Social Security Act (42 U.S.C 407) states: “The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.”
HOWEVER,
No Assignment is found when an insurance company that is paying long-term disability (LTD) benefits to a claimant requires the claimant to file for Social Security benefits. If the claim is allowed, the LTD benefit amount is offset by the amount of Social Security benefits received. As an incentive to induce the LTD insurer to refer claimants, a claimant’s representative offers to assist the insurer with recovering the overpayment made by the insurer to the claimant. The representative does not charge the claimant a fee for this service. The representative also makes it clear to the claimant that the claimant may pay the LTD directly and does not have to pay the LTD through the representative.
At the representative’s request, the claimant grants the representative pre-authorization to withdraw funds from the claimant’s bank account if SSA allows the claim and awards the claimant past-due benefits. AFTER the past-due benefits are deposited into the claimant’s (now an SSA beneficiary) account, the representative gets oral authorization (in addition to the pre-authorization) to transfer those funds to the LTD insurer to satisfy the LTD overpayment. The representative also documents the oral authorization.
This arrangement is not contrary to Section 207’s prohibition against assignment. The beneficiary is exercising control over the past-due benefits deposited into his account before the funds are transferred, and the beneficiary understands that he could have elected to pay the LTD directly. The representative is not getting a fee from the beneficiary and only gets a pre-authorization to transfer funds from the beneficiary’s account in order to satisfy an obligation to a third party (i.e., the overpayment of LTD benefits). The representative also gets an oral authorization AFTER the social security money is deposited into the beneficiary’s account.
The exception above is shocking to may claimants we come into contact with but many do not even know that the "recommended" representative is not on their side. Please don't make the same mistake.
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( 3 / 5 )Many SSI Title XVI claimant's either forget or do not fully understand that SSI is "welfare". Of course you must be found disabled but economic and household income rules apply. The definition of income comes in four (4) categories:
"Earned Income": is wages, earnings from self–employment, certain royalties and honoraria, and sheltered workshop payments.
"Unearned Income": is all income that is not earned, such as Social Security benefits, pensions, State disability payments, unemployment benefits, interest income, and cash from friends and relatives.
"In–Kind Income": is food or shelter that you get for free or less than its fair market value.
"Deemed Income": is the part of the income of your spouse with whom you live, your parent(s) with whom you live, or your sponsor (if you are an alien), which we use to compute your SSI benefit amount.
Income is anything you receive during a calendar month and use to meet your needs for food, clothing, or shelter. It may be in cash or in kind. In-kind income is not cash; it is food, clothing, shelter, or something you can use to get food, clothing, or shelter.
"Countable Income" definition: Countable income is the amount left over after:
1. Eliminating from consideration all items that are not income; and
2. Applying all appropriate exclusions to the items that are income.
For example, things that will effect your benefit amount or the qualification for SSI benefits are any and all bank accounts, retirement accounts, IRA's, CD's, etc., any payments from workers' compensation, personal injury settlements and any other cash payments will be considered for benefit reduction and/or exclusion form the SSI Program.
Unlike Social Security Disability Title II Insurance Benefits, SSI Title XVI benefits are not based on your prior work or a family member's prior work.
SSI is financed by general funds of the U.S. Treasury--personal income taxes, corporation taxes and other taxes. Social Security taxes withheld under the Federal Insurance Contributions Act (FICA) do not fund the SSI program.
In Florida, SSI beneficiaries with minor uninsured children can also get Medicaid (medical assistance) to pay for hospital stays, doctor bills, prescription drugs, and other health costs.
SSI beneficiaries may also be eligible for food stamps in every State except California. In some States, an application for SSI benefits also serves as an application for food assistance.
To get SSI benefits, you must be disabled, blind, or at least 65 years old and have "limited" income and resources as mentioned above.
In addition, to get SSI benefits, you must:
––be a resident of the United States, and
––not be absent from the country for more than 30 days;
and
––be either a U.S. citizen or national, or in one of certain
categories of eligible non–citizens.
SSI benefits are paid on the first of the month for the entire month.
The medical standards for disability are the same in both Title II and Title XVI programs for individuals age 18 or older. For more information and to review the exceptions to the aforesaid income rules please call us at 813-657-9175 and visit http://www.socialsecurity.gov/ssi/text- ... ng-ssi.htm and www.ssa.gov.
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( 2.9 / 66 )“Life insurance” is how survivor's benefits should be thought of when you are wondering if you should or should not make a claim with the Social Security Administration. Many people think of Social Security only as a retirement program. But some of the Social Security taxes you pay go toward providing survivors insurance for workers and their families. The value of the survivors insurance you have under Social Security maybe more valuable than the value of an individual's life insurance policy. Afterall, would you allow a Life Insurance Company to keep all of the premiums and never pay an obvious claim for the money benefits you may rightly deserve!
When you die, certain members of your family may be eligible for survivors benefits. These include widows,widowers (and divorced widows and widowers), children and dependent parents.
• Your widow or widower may be able to receive full benefits at age 65 if born on or before January 1, 1940. (The age to receive full benefits is gradually increasing to age 67 for widows and widowers born January 2, 1940, or later.) Reduced widow or widower benefits can be received as early as age 60. If your surviving spouse is disabled, benefits can begin as early as age 50.
• Your widow or widower can receive benefits at any age if she or he takes care of your child who is entitled to a child’s benefit and is younger than age 16 or who is disabled.
• Your unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits.
• Your children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to your stepchildren, grandchildren or adopted children.
• Your dependent parents can receive benefits if they are age 62 or older. (For your parents to qualify as dependents, you would have had to provide at least one-half of their support.)
• Benefits for surviving divorced spouses:
If you have been divorced, your former wife or husband who is age 60 or older (50-60 if disabled) can get benefits if your marriage lasted at least 10 years. Your former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be your former spouse’s natural or legally adopted child. Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.
• How much are benefits?
How much your family can get from Social Security depends on your average lifetime earnings. A Social Security Statement, which is sent each year to every worker age 25 or older, gives an estimate of survivors benefits that could be paid.
• One-time death payment:
There is a one-time payment of $255 that can be made when you die if you have worked long enough. This payment can be made only to your spouse or child if they meet certain requirements.
For more information please call us at 813-657-9175 and you may go to www.SSA.gov
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( 3.4 / 140 )"We can never insure one-hundred percent of the population against one hundred percent of the hazards and vicissitudes of life, but we have tried to frame a law which will give some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age."
– Franklin D. Roosevelt’s Statement on
Signing the Social Security Act (Aug. 14, 1935).
The federal government provides benefits under two separate programs administered by SSA. The older program, known as the Old-Age, Survivors, and Disability Insurance program (OASDI), was originally proposed by Franklin D. Roosevelt and passed by Congress in 1935. At
first, benefits were available only for retired workers. Through amendments made in 1956 and 1960, Congress expanded the program to provide benefits to workers who become disabled before retirement and to their dependents, called Social Security Disability Insurance (SSD). OASDI is for individuals who have worked or for their family members. The benefit amount depends on how much a wage earner paid into the Social Security system.
Congress created the Supplemental Security Income (SSI) program in 1972 (The program came into effect in October, 1974)to provide benefits to a separate and more vulnerable group—needy individuals unable to work as a result of disability or advanced age. SSI is for individuals who are disabled or elderly, have little or no work experience, and who are very poor. Their benefit amount is fixed. To qualify for SSI, an individual cannot have more than $2,000 in resources and a married couple must have less than $3,000.
As of December 2005, there were 48.4 million OASDI recipients,10 and, as of March 2007, there were 7 million SSI recipients. Access to benefits is especially important to SSI recipients because more than
half of them have no other income.
Sources: (1)See Social Security Online: The Official Website of the U.S. Social Security Administration, Historical Background and Development of Social Security, March 2003, http://www.ssa.gov/history/briefhistory3.html
(2) Office of Policy, U.S. Social Security Administration, Annual Statistical Supplement, 2006, available at
http://www.ssa.gov/policy/docs/statcomp ... asdi.html.
(3) Office of Policy, U.S. Social Security Administration, SSI Monthly Statistics, March 2007, available at
http://www.ssa.gov/policy/docs/statcomp ... le02.html.
(4) Office of Policy, U.S. Social Security Administration, SSI Annual Statistical Report, 2004, available at
http://www.ssa.gov/policy/docs/statcomp ... ndex.html.
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( 3.4 / 153 )How to Get the Best Representation
and
Why You Need A Florida Bar Licensed Attorney
Is your representative an attorney? This seems to be a silly question but often those who we meet with either do not know or mistakenly think their representative is an attorney when the representative actually is NOT! Also many individuals we see with Social Security claims may mistakenly have a representative not licensed in the State of Florida.
Beware that some Florida law firms are sending paralegals, NOT an attorney, to Hearings before the SSA. We believe for a Florida law firm to advertise that they do Social Security claims and then send a file clerk or paralegal with you to a hearing is unethical and misleading. We reiterate if you do not initially meet with the attorney who will be representing you then you should seek other representation!
Because the Social Security claim is a Federal/ “administrative claim” the law allows for less stringent guidelines, then the State of Florida for example, for those to represent you in your legal proceedings up to the “Hearing” level. Unfortunately the less stringent Federal/administrative standards often mislead claimant’s in regards to representative qualifications. The Social Security Protection Act of 2004 has attempted to partially regulate those non-attorney representatives however, implementation will be a long process and is less than remedial at best.
The Three Step common sense approach to choosing a representative is an easy checklist: (1) You should meet with the attorney who will be representing you! If you do not meet with the actual attorney and have not discussed the “strategy” of winning your claim then you may want to seek other counsel; (2) Review the representative’s qualifications, is he or she licensed in the State of Florida? How many Social Security cases has the representative personally handled?; (3) Does your representative have offices where you can see him/her when there are issues about the claim, such as for a pre-hearing interview and for the “legal brief” that should be submitted to the Judge prior to your hearing. Often claimant’s may not speak to and/or see their representative until the hearing which can cause serious ramifications in regards to the decision. Also a legal brief should be submitted to the Judge prior to the hearing. Ask your representative if he/she will be submitting a “legal brief” to the Judge!
The Florida Bar exists to protect you from unethical, unqualified and improperly trained representation. It exists for your protection and can act as a mediator and yes, complaint department when attorney-client problems arise. Failing to have a Florida Bar Licensed Attorney will not allow you to utilize the “safety net” of the Florida Bar procedures for your protection.
If you are wondering whether your representative is a Florida Bar licensed attorney you can call us at 813-657-9175 or e-mail us from this site and/or go to www.FLABAR.org and look your representative up on that website. Do not assume that if your representative is with a law firm that he or she is an attorney, VERIFY IT, flabar.org.
By: David W. Magann, Esq.
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( 3.3 / 197 )Survivors benefits:
When you die, your family may be eligible for benefits based on your work. Family members who can collect benefits include a widow or widower who is:
60 or older; or
50 or older and disabled; or
Any age if he or she is caring for your child who is younger than 16 or disabled and receiving Social Security benefits.
Your children can receive benefits, too, if they are unmarried and:
Younger than 18 years old; or
Between 18 and 19 years old, but in an elementary or secondary school as full-time students; or
Age 18 or older and severely disabled (the disability must have started before age 22).
Additionally, your parents can receive benefits on your earnings if they were dependent on you for at least half of their support.
Payment after death:
If you had enough credits, a one-time payment of $255 also will be made after your death. This benefit may be paid to your spouse or minor children if they meet certain requirements.
Some facts about Social Security:
2006 Social Security taxes
You and your employer each pay 6.2 percent
If you are self-employed, you pay 12.4 percent
You do not pay Social Security taxes on any earnings above. $94,200
2006 Medicare taxes
You and your employer each pay 1.45 percent
If you are self-employed, you pay 2.9 percent
Medicare taxes are paid on all of your earnings;
there is no limit.
Work credits in 2006:
For each $970 you earn, you receive one Social Security ““credit,”” up to four per year.
Most people need 40 credits to be eligible for retirement benefits.
Younger people need fewer credits to qualify for disability and survivors benefits.
Average 2006 monthly Social Security benefits
Retired worker: $1,002
Retired couple: $1,648
Disabled worker: $939
Disabled worker with a spouse and child: $1,571
Widow or widower: $967
Young widow or widower with two children: $2,074
2006 monthly SSI (Social Secutiy Income,(Welfare)) payment rates (does not include state supplement, if any)
$603 for an individual
$904 for a couple
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( 3 / 168 )The following article provides general information on the guidelines used when the Social Security Administration evaluates obesity since October 25, 1999. Usually, the obesity issue is interconnected with ailments or “Listed Impairments” under the Social Security Act, to include but not limited to the following: diabetes, musculoskeletal impairments and pulmonary or breathing dysfunctions where spirometry testing is necessary.
The Social Security Administration removed obesity from the Listing of Impairments effective October 25, 1999. 64 Fed. Reg. 46,122 (1999). Currently, Social Security Ruling (SSR) 02-1p, outlines the evaluation of disability in regards to obesity. SSR 02-1p acknowledges that obesity can play a role in equaling a “Listing” or “Listed Impairment” under the Social Security Act. Adjudicators and judges should consider the cumulative effects not only when considering whether a claimant’s impairments meet or medically equal the Listings but also when assessing residual functional capacity. See, 20 C.F.R. Pt. 404 Subpt. P, App. 1 foll § 404.1599. (West 2002) of the Listing of Impairments. Obesity at any level in the disability application process, because it is a medically determinable impairment, must be considered in assessing a residual functional capacity (RFC) of the claimant. See, SSR 02-1p, 20 C.F.R. §404.1523.
Obesity is generally evaluated using the body mass index (BMI). For example, under the BMI chart the criteria for "obese" could be a person who is 64 inches tall and weighed at least 181 pounds. A person who is 64 inches tall and 230 pounds could meet the BMI criteria for "extreme obesity". Often the claimant may be questioned via the adjudicator or judge about following the treating physician’s weight loss prescription. Usually, the questioning centers on the failure of the weight loss regime.
Acceptable Reason for Failure to Follow Prescribed Treatment
Under 20 C.F.R. Pt. 404 §1530 the claimant must follow prescribed treatment by the treating physician if such treatment can restore the ability to work. There are several exceptions to the general guideline. For example, under Social Security Ruling (SSR) 82-59 a claimant’s limited resources may only avail her or him the opportunity to afford periodic palliative care and thus conclude in a failure of the weight loss regime. See also,Gamble v. Chater, 68 F.3d 319, 321 (9 th Cir. 1995); Dawkins v. Bowen, 848 F.2d 1211, 1213 (11 th Cir. 1988). Further, under 20 C.F.R. Pt. 404 §1530(4) such weight loss treatment may be alleged as inconsistent where a claimant did not fully understand the importance of weight loss care and the interconnection of other ailments, e.g, diabetes. Often, the claimant’s inability to understand the weight loss regime can be supported by a claimant’s impaired mental state, e.g., limited education, below average intelligence, severe depression, etc.
It is important that the allegation of obesity as a medically determinable impairment is interconnected with the medical criteria within the Listings under the Social Security Act. Often, the adjudicator or judge should be prompted or reminded to consider the claimant’s combined impairments, e.g., obesity and diabetes, which restrict her or him from engaging in any substantial gainful activity. See, 42 U.S.C. § 416(i); 20 C.F.R. §§ 404.1523, 404.1527; Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996) (the ALJ should consider how the combination of the claimant's impairments affects the claimant's ability to do basic work activities).
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( 3.1 / 166 )Within the last ten years the condition of fibromyalgia has been an accepted disease within the medical community. According to the Arthritis Foundation fibromyalgia is a form of soft tissue or muscular rheumatism with muscular pain and fatigue that affects over 5 million people in the United States. See, Arthritis Foundation, What is Fibromyalgia, www.arthritis.org Unfortunately, the legal community is lacking in their awareness of the impairment. The few Social Security decisions that address fibromyalgia often reveal an Administrative Law Judge's (hereinafter "ALJ") unfamiliarity with the disease. This leads the ALJ to evaluate the claimant's credibility rather than the disease. Of course, the ALJ's unfamiliarity is also a direct reflection upon the advocate who's duty is to inform the Court.
In 1996, the Seventh Circuit held that, the ALJ misunderstood the disease of fibromyalgia and improperly found the claimant's credibility to be undermined. Sarchet v. Chater, 78 F.3d 305, 306 (7th Cir. 1996). The Court observed that the principal symptoms of fibromyalgia are "pain all over," fatigue, disturbed sleep, stiffness, and the only symptom that discriminates between it and other diseases of a rheumatic character multiple aching spots. Id. at 307.
The Tenth Circuit stated that, "the mysterious nature of this disease and the ALJ's lack of familiarity with it....impacted his decisions concerning the assessment of [the claimant's] credibility." Stephens v. Chater, No. 954110RDR, 1996 WL 304527 (D. Kan. June 4, 1996). The Stephens case epitomizes the difficulty in the evaluation of the disability claim where fibromyaglia is at issue. Often, because of the "mystery" of the disease the claimant's credibility may wrongfully come into question.
As a result of ALJ decisions evaluating claimants' credibility rather than fibromyalgia, recent rulings are now requiring a comprehensive assessment of medically documented fibromyalgia symptomology. Owen v. Chater, 913 F. Supp. 1413, 1419 (D. Kan. 1995); Social Security Ruling 967p. To dispel the "mystery" of the disease two circuits have aligned fibromyalgia with the well recognized disease of chronic fatigue syndrome (hereinafter "CFS"). The Eleventh Circuit held that, fibromyalgia is "not inconsistent with a diagnosis of [CFS]." Sabo v. Chater, 955 F. Supp. 1456, 1462 (M.D. Fla. 1996), quoting Fragale v. Chater, 916 F. Supp. 249, 254 (W.D.N.Y. 1996). The Ninth Circuit held that, a diagnosis of CFS and fibromyalgia may exist simultaneously, especially since they both share a number of common features. Powell v. Chater, 959 F. Supp. 1238 (C.D. Cal. 1997).
The advocate should keep in mind that physical examinations will usually yield normal results a full range of motion, no joint swelling, as well as normal muscle strength and neurological reactions. There are no objective tests which can conclusively confirm the disease. The medical literature indicates that fibromyaglia patient's may have psychological disorders, the disease commonly strikes between the ages of 35 and 60 and it affects women nine times more than men. See, Preston v. Secretary of Health and Human Services, 854 F.2d 815, 818 (6th Cir. 1988).
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( 3 / 167 )In the past, most of the articles written about the Social Security Administration (SSA) have been about what is wrong with the agency and its programs. In the spirit of positive thinking the following are important programs and tools that the practitioner should be aware of and utilize when tackling a Social Security dilemma.
The SSA has a well planned out and user friendly website in English and Spanish at www.SSA.gov . The website is packed full of important information and answers to the most frequently asked questions. This site contains a multitude of pamphlets and publications on every aspect of Social Security benefits which are easily searchable by keywords and subject matter. A great benefit to the practitioner is the online library of Social Security Rulings and most recent updates. Also a downloadable PIA calculator is available for the estimated benefit calculations. Most recently, the SSA allows an online request for an individual's earnings report and benefit estimate statement.
In SSA's push to be more user friendly the agency has launched the largest customized mailing by a Federal agency. The SSA is currently sending an annual Social Security Statement to125 million workers. The 4-page statement is designed to make workers aware of their retirement, disability and survivors' benefits. The statement will also provide workers an easy way to determine whether their earnings are accurately posted on their Social Security records.
A recent Gallup poll showed that individuals who have received a Social Security Statement from the SSA have a greater understanding of their benefits than those who did not receive a statement. Those who have received a statement are more likely to know that (1) the amount of benefits depends on how much they earned; (2) Social Security pays benefits to workers who become disabled; (3) Social Security provides benefits to dependents of workers who die; and (4) Social Security was designed only to provide part of total retirement income. This increased awareness and documentation will also help the Social Security practitioner more accurately assess the client's potential benefit recovery.
The need for more accurate and timely information is being addressed via SSA Commissioner Apfel's Short-Term Initiative Program to improve the 800 number telephone service. This initiative, which is dependent upon enactment of the President's budget, will improve customer service by increasing the SSA national 800 number call answering capacity. The program will also provide employees in the Program Service Centers (PSC) more time to spend on pending workloads which include requests for recomputations of benefits and activities related to the distribution and collection of benefits that have been paid incorrectly. Currently, these areas have delays in excess of 90 to 180 days.
In the spirit of positive thinking and an eye towards user friendly programs the SSA has made a step in the right direction. Just think what could be done if we could get the Social Security Administration to---------leap?
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( 3 / 155 )
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