Supreme Court Decision on Post-Humously Conceived Children

A U. S. Supreme Court decision this week denied a Florida mother survivor benefits for twins conceived by in-vitro fertilization (IVF) after her husband died.  The court held unanimously that Karen Capato could not collect survivor benefits for the twins from the Social Security Administration (SSA).  She had the twins 18 months after her husband died, using his frozen sperm.

SSA turned the application down because Capato’s twins, who were conceived posthumously, did not qualify to inherit from their late father under Florida law.  The court states that SSA properly looked to state law to determine the children’s eligibility for the federal entitlement.  It is a growing phenomenon for persons with life-threatening illnesses or hazardous job duties (like soldiers headed into combat) to store sperm or, in some cases, embryos for later use.  The decision was limited to how the law applies in Florida; in other states, this situation may have had a different result, depending on the state laws of inheritance.

As a reminder, if you have a child whose other parent died while insured for Social Security benefits, that child is likely eligible for survivor benefits on the deceased parent’s record up to age 18, or age 19 if the child is still in high school.

SSA Improves Process for Wounded Warriors

The Social Security Administration and the Department of Defense (DoD) are working together to improve access to disability benefits for the nation’s Wounded Warriors, service members, veterans, and their dependents.  A new nationwide project enables Social Security disability case processing sites to receive military medical records from multiple DoD facilities with a single request to a centralized DoD site.  As of April 30, this initiative is in its first phase of nationwide expansion.  The thought is that receiving electronic medical records for military personnel will shorten the time it takes to make a disability decision according said Michael J. Astrue, Commissioner of Social Security.  He is hopeful that the new process will improve the speed, accuracy, and efficiency of the disability program.

A pilot program had electronic medical records being received within 72 hours, a remarkable improvement over the previous average response time of five weeks for paper records from individual military treatment facilities.

I can attest to the fact that the medical records requests I make often take anywhere from 4-8 weeks and are often missing pages or hospital admissions, prompting a second request.  Without medical records, SSA is not able to make a decision, so claims are stalled.  I enthusiastically applaud any effort SSA makes to improve the speed of the decisions being issued.  Whether fast turn around time on medical records will improve the accuracy and efficiency of their decisions remains to be seen.

 

Web Put Off Limits to Social Security Judges

The Social Security Administration last month told its disability-claims judges they are no longer to seek out information from websites when deciding cases.  Some judges feel like being able to look for information online could help uncover fraud; Agency officials said reviewers can’t trust information posted online, and also said the mere act of typing in queries could compromise protected private information, so they shouldn’t try to access anything.  Social Security’s ban covers all Internet sites, including social media such as Facebook.

If an individual claims to be disabled, and then publicly posts a picture participating in a sport or physical activity on a social media website, such information should be used by adjudicators to determine if the claimant was truly disabled, suggests Senator Tom Coburn.

In my opinion, Social Security judges should not be looking for information online.  Often information is dated and a picture of a person holding a baby or sitting on the beach does not necessarily indicate that the individual is not disabled.  I believe that adjudicators should do what they are trained to do — review voluminous files to determine eligibility for disability benefits. If they have questions about an individual’s activities, the adjudicators have the option of asking the disability claimants questions during an administrative hearing.

Easy Access to Earnings Statements

Social Security earnings statements provide valuable information to American workers, including the monthly retirement and disability benefits to which they are entitled.  Last year, the Social Security Administration stopped sending out yearly earnings statements to individuals, claiming a savings of over $70 million dollars. It was virtually impossible to obtain information about past earnings or future benefits without visiting a Social Security office claiming an urgent need for the information.

Last week, the Social Security Administration unveiled an online tool which allows individuals to create a password-protected account and download a .pdf copy of their earnings statements.  I went online last week and within fifteen minutes, I had an updated earnings statement, current to 2011, despite the fact that I only filed my tax return about thirty days ago.  I was impressed and encourage everyone to keep tabs on the earnings the Social Security Administration is crediting to your Social Security number.

To try this out yourself, visit ssa.gov and look at the list of links on the left hand side of the page.  Click on the link that says “Get Your Social Security Statement Online” which is currently highlighted with a bulleted “NEW” tab.

Off to Philadelphia

I’m in Philadelphia at the National Organization of Social Security Claimant’s Representatives semi-annual conference.  I expect tension to be high due to the increasingly claimant-averse policies the Social Security Administration has recently implemented.  Despite that fact, I am excited to see colleagues from across the country.  It is nice to be in a place where everyone has the same goal:  to do a great job for individuals in need of Social Security Disability benefits.

I am looking forward to presenting a talk with attorney Lori Gaglione this Friday about communicating with your client in an efficient way.  I also serve on the NOSSCR Board of Directors so I will be attending Board meetings Wednesday and Thursday.  In between those commitments, I hope to attend a few seminars where I can learn things from industry leaders that will help me in my pursuit of benefits for my clients.  It’s hard to be away from the office for a week, but I know I bring back knowledge that will help me help my clients.  And I’ve left the office in good hands; my assistant Ruth is wonderful at managing things while I am gone.

Recent Studies on Social Security Disability

Recent reports suggest that the disability rolls have increased over the past few years.  The reports suggest a number of reasons:  more women in the workforce who have paid Social Security taxes have increased eligibility; individuals who working with disabilities apply when they lose their jobs due to the high levels of unemployment and the baby boomers who are now getting older and becoming more fragile with age.  Some studies suggest that Americans are generally in better health, despite contrary reports about the growing medical problems caused by increasing obesity.

The one bright light in the most recent article reported in the New York Times today is that the author notes that the disability program offers “essential support” for disabled workers – many of whom have no chance of holding another job due to medical problems, physical restrictions and mental limitations.  Every day, I talk to people whose lives are in economic ruin due to an inability to work.  Every person I talk to would trade their medical problems for an ability to hold a job down.  It is heartening that even with the recent concerns about the viability of the Social Security Disability program, major news outlets remain convinced, as I do, that the disability program is vital to those who cannot work.

Disability Rolls Increase in Past Years

A recent report reflects that a record number of workers and their dependents have began receiving federal disability checks over the past four years.  Causes are varied and include the fact that the rules loosened following some changes by Congress in 1984.  However, more women have entered the workforce, making them eligible for disability.  Research suggests that the aging of the population has contributed only modestly to the program’s growth.

But the big factor in the recent surge is the slow pace of the economic recovery after the severe recession. That has kept the unemployment rate above 8% and created an enormous pool of long-term unemployed and discouraged workers. The number of applications last year was up 24% compared with 2008, Social Security Administration data show.

When opportunities for employment are plentiful, some people who could quality for (disability insurance) benefits find working more attractive … when employment opportunities are scarce, some of these people participate in the disability program instead.

What reports overlook is the fact that disability is a safety net and the fact that more Americans are taking advantage of the program reflects that more Americans are in need of this safety net during period of economic distress.  Americans should be thankful for the Social Security Disability system.

Direct Express

Starting next year, the federal government, which issues 73 million payments a month, is phasing out paper checks for all benefit programs, requiring people to get payments electronically, either through direct deposit or a debit card for those without a bank account.  The changes will affect people who get Social Security, veterans’ benefits, railroad pensions and federal disability payments.  About 90 percent of people who receive federal benefits already get their payments electronically, and new beneficiaries were required to get payments electronically starting last year, and with a few exceptions, the rest will have to make the switch by March 2013.

Representatives from the Treasury Department maintain that electronic payments are safer and more efficient than paper checks; citing the more than 500,000 federal benefit checks were reported lost or stolen in 2010. The switch will save the government about $120 million a year. Social Security will save $1 billion over the next decade, according to the Treasury Department.  Further, paper checks with personal information are more susceptible to fraud versus an electronic payment.

Advocates for seniors say they understand the government’s desire to cut costs and take advantage of technologies that most workers already use. The food stamp program switched from paper coupons to debit cards in 2004, but they have raised concerns about requiring the switch for older retirees who may not be used to electronic payments.  The Treasury Rule that mandates electronic payments exempts current beneficiaries who are 90 and older from switching.  Individuals may also request a waiver if using a debit card would impose an extreme hardship.

AARP has concerns about fees associated with the debit cards. The Direct Express cards are issued by Comerica Bank, Treasury’s financial agent. Each month, benefit payments are added to the cards, which can be used to make purchases or withdraw cash from ATMs. There are no fees for using the debit card to make purchases. They can be used at any retailer that accepts MasterCard debit cards. If a card is lost or stolen, the beneficiary is protected from unauthorized use as long as the missing card is reported promptly.  Cardholders can make one free ATM withdrawal each time a payment is registered in the card. Subsequent withdrawals will cost 90 cents each, and all withdrawals may be subject to fees by the owner of the ATM.

The government’s switch to electronic payments also comes with a side effect: less business for the U.S. Postal Service, an agency that is already facing big budget problems with the rise of email and electronic bill paying.  The private sector has been migrating to electronic payments for years, costing the Postal Service millions of customers, said Alan Robinson, editor of the Postal Journal, a trade publication.

The government has created a website, www.GoDirect.org and a toll-free phone number, 1-800-333-1795, people can call for assistance.

Social Security Administration Fast Tracks Decisions on over 50 Medical Conditions

In recent years, the Social Security Administration has created a list of medical impairments that are to be fast-tracked for favorable decisions.  Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify based on minimal objective medical information. Compassionate Allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information.  Today, SSA announced the addition of 52 new medical impairments to the list of the “compassionate allowances”.  These conditions involve cancers, neurological, and immune system disorders affecting adults and children.  New additions include Ewings Sarcoma, Juvenile Onset Huntington Disease and Child Neuroblastoma.

What is intriguing is that although SSA has identified these diseases as automatically disabling based on information they have gathered through public hearings, they are not fully included in the list of diseases until August 13, 2012.

Retirees Overwhelmed by Student Loan Debt

The Washington Post has reported this week that the burden of paying for college is wreaking havoc on the finances of senior citizens.  New research shows that Americans 60 and older still owe over $35 billion in student loans.  More than 10% of the loans are delinquent, prompting consumer advocates to state that it is not uncommon for Social Security checks to be garnished for debt collection.  

For seniors to be saddled with student loan debts highlights a central conflict in the nation’s higher education system:  the benefits of a college degree are being diluted by rising tuition rates and the longevity of debt.  Some of these Americans are grappling with the first wave of student loans while others undertook debt when they returned to school later in life hoping to embark on a second career.  The recent economic climate has exacerbated the problem.