"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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( 3 / 537 )“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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( 3.1 / 580 )"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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( 3.1 / 452 )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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( 3.1 / 519 )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 / 456 )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 / 467 )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 / 504 )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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