A 2012 CBO report said the Social Security Disability Insurance fund is expected to run dry in 2016; that is, unless legislators make some changes to the system. By contrast, the Old Age and Survivors Insurance account is projected to last significantly longer -- until 2038.
]]> The confusion about the SSDI fund and the OASI fund stems from the fact that the old-age fund has repeatedly been tapped to provide SSDI payments when that account has run short. Thus politicians and the CBO have taken to referring to a general "Social Security trust fund" when there are actually two.For example, you may hear legislators say that the CBO projected that the Social Security fund would be exhausted by 2034, but in that case, whoever is talking is referring to the combined funds, not one or the other.
A wide range of factors go into speculating about the future of SSDI, which, despite recent misleading news coverage, serves as a lifeline for millions of Americans whose injuries or illness prevent them from working. The process for receiving those benefits is long and very selective, and Dallas-area residents who need SSDI payments would be wise to take the necessary legal steps to ensure that the process goes as quickly and efficiently as possible.
Source: politifact.com, "Rep. Marcy Kaptur says Social Security trust fund is sound into future," May 15, 2013
]]>Though fraud is often blamed for increases in SSI payments made, often lack of understanding regarding reporting by SSI recipients and administrative error has led to mistakes in payments. Though overpayments of SSI have likely occurred, under-payments have happened as well.
]]> The Social Security Administration reported that $4.7 billion in so-called improper SSI payments were made in 2012. They refer this as a 9.2 percent improper payment ratio. However, what this also means is that over 90 percent of payments can rightly be considered legitimate.The problem with SSI may not involve problems with corruption. Instead, the system has at times been administered so poorly that criteria for paying recipients have not always remained consistent.
Attorneys experienced in the SSI area can make certain that legitimate claimants can be provided financial assistance. Having attorneys assist in the process to make certain that applications are filled out correctly and reporting is accurate will make for more consistency in the decision-making.
It's entirely understandable why more has been paid out in SSI since the recession began. There are more people in poverty because of the economic downturn. And making it more difficult for Dallas recipients to be paid is not going to reduce the numbers of people in poverty.
The goal of SSI is to assist blind, elderly and disabled people who are in poverty. These are not the people who should find themselves struggling to have claims approved.
Source: CNS News, "$7.9 Billion in Improper Social Security Payments in FY 2012," by Susan Jones, May 3, 2013
]]>The claimants that receive SSD generally are severely disabled and often in pain. Their injuries are backed up by objective medical data, and in too many circumstances the individual can injure themselves even more severely by trying to work through the injuries.
]]> An often overlooked aspect concerning SSDI is that recipients receive very little in benefits to begin with. Less than 45 percent actually receive any paid benefits from the Social Security Administration, and individuals that do receive benefits generally only receive approximately $13,000 per year. Also, such benefits may be only temporary relief as such benefits can be taken away by the government if the disability is removed.That there is an increase in the number of individuals received SSDI is due in part that we have more people in the workforce than ever before. It's difficult to dispute that many more women are working today than when SSDI was first put into place.
Without the modest benefits that recipients receive in SSDI, many individuals would face homelessness. Attorneys that represent these recipients are only providing such individuals with the benefits that was agreed to them by the federal government in return for these same people paying into the program for a great many years.
Source: Cleveland.com, "Social Security Disability Insurance benefits our neighbors," by Debra Shifrin, April 27, 2013
]]>Why there is such a variation in approvals is unclear. The judges are selected from one geographic area to hear cases in another area. The ALJs mostly only hear Social Security type cases, but these judges are often allowed to use their own discretion in making decisions. And because of the amount of discretion involved, there is a great deal of variation in the types of decisions made.
]]> While geographic area often brings different types of ruling, the judge hearing the case may also be significant in having a claim to approve. Certain judges will approve up to 70 percent of cases, while others have approval rates of below 15 percent.It is important to note in any cases that many claims are not granted. Attorneys representing clients in SSDI cases must do what they can to distinguish the particular case that they are representing from all of the other types of cases that are being denied. Without knowing the way the claims operate and what the Social Security Disability guidelines happen to be, it would be very difficult for most individuals to represent themselves and to expect their application to be approved.
Source: Houston Chronicle, "Unfairness in the Social Security Program: What's Geography Got to Do With It?" by Dwight Baker, April 19, 2013
Anyone receiving money under SSDI has needed to have worked at least 5 out of the last 10 years. Also, anyone collecting must have some sort of proof that a disability exists that prevents them from performing work. This includes doctor statements that backup a diagnosis of disability. Also, individuals must undergo a recertification process on various occasions demonstrating that the disability preventing them from working still exits.
]]> Only about 41 percent of individuals that apply get approved to begin with. Individuals receiving SSDI are not allowed to have any additional earned income. And finally, even after approval, there is still a waiting period of six months before the first check is received.It is because the process is so difficult that disabled individuals could use the services of attorneys that understand the SSDI system when attempting to apply for benefits. The receiving of SSDI benefits can for certain individuals mean the difference between being able to pay their rent and homelessness.
It must be remembered that individuals that make decisions concerning SSDI benefits do not actually pay money into the Social Security system. These individuals have their own type of benefits that make receiving of SSDI or other Social Security benefits unnecessary.
Source: All Voices, "Dissolving the myth of Social Security Disability," by Sherrill Fulghum, April 14, 2013
There may be way to avoid these sorts of reductions such as having the parents pay rent for their stay, but having a precise strategy may require the advice of a CPA or an attorney that is well versed in SSI regulations. Putting together a financial strategy and making certain that eligibility for benefits will not be threatened is too important to not be accomplished correctly.
]]> Eligibility for SSI from the start is dependent upon a number of conditions. Though it is often dependent upon having paid taxes to the government for at least five years, there may be other means of determining eligibility that are based upon marital status, one's financial situation, the number of dependents in the home, medical disability, etc. The process is complex, and often the first attempt to apply for SSI can be denied.Most Dallas readers that bring their parents into their homes are already tied up with a number of tasks and concerns that will have to be dealt with. This is just one of many reasons why these people need assistance concerning financial planning and the receiving of SSI benefits.
Source: GoErie.com, "Making room for Mom and Dad in your home," by Pamela Yip, Dallas Morning News, March 8, 2013
Perhaps most confusing is the definition of disability itself when applying for these benefits. What impairment a person may have, it must (1) prevent that individual from performing any sort of work for at least 12 months; or (2) the condition must be considered terminal. Proving that a condition can fit such criteria can often be extremely difficult.
]]> For individuals that do attempt to go through the application process without assistance, there are a number of ways that a claim can now be filed. It can be done online, in person or by telephone. It's recommended that every condition be listed with specificity, that all physical and mental illnesses be reported, that all information regarding medical sources be listed completely, that you report on time for every appointment and physical examination, and familiarize yourselves with individuals assigned to your case.But though one can follow these steps, there is still a great likelihood that the claim will be denied in any case. Only professionals like a Social Security Disability attorney will have the experience to go through this process over and over, and it's for this reason that the advice and counsel of such an individual is generally required.
Source: Senior Spectrum, "Six Tips on Filing for Social Security Disability Benefits," by Tom Margenau, March 19, 2013
Children can receive Supplemental Security Income (SSI) at any age. On the other hand, eligibility for Social Security Disability (SSDI) cannot be established until after the child turns 22-years old.
]]> The requirements regarding eligibility for SSDI are complex for any age group. And for disabled children, caregivers need to take care concerning financial planning for that child if they hope for the children to receive SSDI payments in the future.For example, attempts to assist the child by other financial means could affect the outcome concerning a future application for SSDI. Simply opening an account in a child's name or naming them as beneficiaries may disqualify that child from SSDI eligibility. A child's financial resources have to be limited to receive SSDI payments.
Attorneys can help Texas parents prepare special needs trusts or come up with other options as to financial planning to prevent an SSDI disqualification from taking place. However, the attorney needs to have a thorough understanding of Texas state laws to draft these sorts of instruments. Even the naming of a trust needs to be conducted with care.
Especially if a child will require a lifetime of care due to a disability, every step needs to be made to make certain the child receives the long term care that they deserve and need. There is no assurance that parents will be able to do this by themselves.
Source: North Dallas Gazette, "Maximize Your Disabled Child's Government Aid," by Jason Alderman, March 18, 2013
Dallas readers can find out more about their Social Security Disability options and our attorneys' website.
]]>For example, a 62-year old worker could collect disability benefits up to the age of retirement without any reduction in the benefit. When reaching retirement, these disabled workers are then entitled to receive full retirement benefits. In contrast, a non-disable worker that retires at the age of 62 would be entitled to approximately 25 percent less in benefits than the disabled worker.
]]> Also, if a 62-year old disabled worker is married for over a year to a spouse collecting retirement benefits, the disabled worker can receive what is known as an excess spousal benefit at a slightly reduced because the disabled individual is taking the benefit prior to full retirement age.Likewise, the disabled worker can collect a spousal benefit if that person was divorced after more than ten years of marriage. This individual can collect the spousal benefit, even if the spouse has not yet retired, if the spouse is over 62-years old and the two have been divorced for more than two years.
Yet taking the excess spousal benefit can affect how much one will receive in Social Security benefits after the age of retirement. If the individual chose to take the excess spousal benefit say at age 62, he may then only be eligible for a portion of the spousal benefit.
There are too many ins and outs in receiving SSDI to describe in such a short post or article, and it's generally best not to make determinations on one's own. With the taking of particular benefits, one may lose other benefits. For this reason, always speak to a qualified professional such as an attorney that has a great deal of experience working in the Social Security area.
Source: PBS, "How to Maximize Social Security if Disabled and Other SS Questions," by Paul Solman, Feb. 18, 2013
Generally, worker has had to work at least 40 quarters during their lifetime, and 20 of those quarters must come from the last ten years. The Social Security Administration (SSA) will then look to see if individuals have had Social Security withdrawn from their paychecks during these particular periods to then determine the date of eligibility for disability.
]]> There is a five step process used by the SSA to determine whether a Texas resident can be defined as disabled under the Social Security Disability rules. The SSA will examine:When examining these five criteria, it is no surprise that most claims are initially denied. This is especially true when individuals attempt to represent themselves through the application process and at administrative hearings.
Attorneys accustomed to assisting individuals in Social Security matters understand the process, and are accustomed to dealing with officials in the processing of these claims.
Source: The Houston Chronicle, "The Social Security Disability Program," by Dwight Baker, Feb. 25, 2013
Whether SSI will continue receiving the type of funding that it did in the past is beyond all of our control. With talk of debts, deficits and sequesters, it's anyone's guess what will be cut from the budget - even if the budgetary item happens to be called non-discretionary.
]]> It's important to remember that eligibility for SSI is determined in an extremely similar fashion as is Social Security Disability (SSD). Applicants must demonstrate that they suffer from a disabling condition that will prevent the individual from working for at least one year. Naturally, administration officials are not just going to take the applicants word that this is the case.Individuals contemplating applying for SSI benefits would strongly benefit from speaking to an experienced attorney in the area of SSI and SSD. These attorneys can help potential recipients decide if they do suffer from a condition that will qualify for SSI, and can evaluate one's income and assets to determine would prevent one from collecting this benefit.
The conditions of applicants qualified to receive SSI are constantly evolving. We are learning more about specific mental conditions or the side effects of taking particular medications that may now be considered a disabling condition.
Source: Houston Chronicle, "The Supplemental Security Income Program," by Dwight Baker, March 1, 2013
There will continue to be squabbles between Democrats and Republicans as to what is the best way to cut the federal deficit. However, Texas residents in line to receive Social Security benefits may be particularly interested in the end result.
]]> In the event we are faced with sequester, there then will likely result in a series of budget cuts to the Social Security Administration. Perhaps more importantly for those entitled to Social Security Disability benefits due to injury or illness, there will be less oversight by administrators to make certain that benefits are actually paid.Individuals may be more arbitrarily deprived of their benefits due to decisions made by inexperienced civil servants from out-of-state. It is expected that there the Social Security Administration will be open for less hours to the public, there will be a number of offices closed, and there is likely to be a much greater backlog of Social Security Disability claims.
Attorneys that represent Social Security Disability applicants have a much better chance of making certain that a claim is not lost in this backlog that would the individual applicant. Though much of the work is administrative, not every applicant knows who to appeal to should a claim be delayed or denied.
The needs of Social Security Disability applicants are too great for paperwork to be lost in the shuffle.
Source: The WhiteHouse.gov, "Fact Sheet: Examples of How the Sequester Would Impact Middle Class Families, Jobs and Economic Security," Feb. 8, 2013
The three were receiving subsidies of $1,351 per month that allowed for them to remain in a rental home. The Social Security Administration is now claiming that an overpayment was made in the amount of $34,895 because the mother allegedly failed to report her income as a dishwasher. However, she had been reporting her income to the office that oversees her children's SSI rather than filing an estimation of income report that is required by the Social Security Administration.
]]> Obviously, the problem here is that a poor mother with a learning disability and two children the ages of 10 and 12-years old are expected to understand the complex reporting requirements that go along with the filing of a Social Security claim. The complexity of the regulations is even baffling to those with college degrees and plenty of time on their hands.There are attorneys that are kept busy engaging in Social Security matters because so many individuals are in need of making sense of the federal and state regulations, the reporting requirements, and the procedural requirements in the filing of claims. If these claims are filed in accordance with accepted procedures, these claims often go much more smoothly.
The problem concerning the way Social Security benefits are administered is the fact that the intricacies of receiving the benefits defeats the very purpose for why Social Security was put in place to begin with: to help out those in need.
Source: News Chief, "Miscalculation Threatens Family's SSI Benefits," by Eric Pera, Jan. 27, 2013
Unfortunately, he is just one of many veterans facing similar circumstances. The Veterans Benefits Administration is not only facing a shortage of funding, veterans are also facing a variety of illnesses that remain undefined or only recently have been defined. Such illnesses have come about due to exposure to Agent Orange and what is referred to as Gulf War Illness.
]]> It's likely we will see a similar backlog to Social Security Disability claims as well. The process of classifying an illness as a disability that requires coverage can be extremely slow.Unfortunately, while all of the waiting occurs, the individuals sickened often have nowhere to turn. They often are unable to work even part time, so their financial resources are often quite limited.
Denials often occur during the claim process, and too often disabled individuals simply give up on their claims. If these individuals are fortunate, they will have family members there to care for them. If they are not fortunate, these people can end up living on the streets.
One of the greatest services that attorneys accustomed to representing disabled clients can provide is to help in the preparation of paperwork, and to follow up with the Social Security or Veteran's Administration to insure that specific claims can be expedited.
Source: Hartford Courant, "State Veterans Stuck in Seven-Month Backlog on Disability Claims," by Peggy McCarthy, Feb. 5, 2013
This is a particularly politically sensitive area for a number of politicians as no one wishes to appear like they are in the way of disabled veterans receiving payments for their injuries or illnesses. As a result, the chairman of the Senate Committee overseeing the Social Security Administration has written to the commissioner of that agency demanding a response and to address the findings of a specific Government Accountability Office Report.
]]> The chairman requested:Though everyone is hopeful that snags in the supplying of these disability benefits to veterans are soon resolved, disabled veterans that are most affected by the delays will likely require legal assistance from attorneys that have practiced in the Social Security Disability area to get their claims expedited. It does little good to wait for reforms to take place when these veterans need the money now, and when all that is keeping this from happening is a paperwork probably being held up at a specific office.
Attorneys can give every claim individual attention, and make sure that all paperwork is filled out correctly and to the satisfaction of government officials.
Source: politicalnews.me, "Baucus Acts to Speed up Veterans' Disability Benefits," Feb. 1, 2013