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Showing posts with label Social Security Administration. Show all posts
Showing posts with label Social Security Administration. Show all posts

Thursday, June 19, 2014

Social Security Agency Cuts Services as Demand Grows, Senate Report Says

Today's post is shared from nytimes.com

The Social Security Administration is closing field offices and reducing services to the public even as demand for those services surges with the aging of the baby boom generation, according to a bipartisan Senate committee report.

The report, to be issued Wednesday by the Senate Special Committee on Aging, says the agency has closed more than two dozen field offices in the last year, generally without considering the needs of communities and without consulting beneficiaries or field office managers.

In deciding whether to close field offices, the Social Security Administration “excludes both its own managers and the affected public,” and the decisions often appear arbitrary, the report says.

The committee’s chairman, Senator Bill Nelson, Democrat of Florida, said, “Seniors are not being served well when you arbitrarily close offices and reduce access to services.”

He added, “The closure process is neither fair nor transparent and needs to change.”

The field offices served over 43 million people last year. About 10 percent of the visitors filed for benefits, and 30 percent were seeking new or replacement Social Security cards.

In testimony prepared for a committee hearing on the issue on Wednesday, Nancy A. Berryhill, a deputy commissioner at the agency, said its budget and work force had not kept pace with what she described as “a staggering 27 percent increase” in claims for retirement benefits, to 3.3...

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Wednesday, December 18, 2013

Obama administration to begin processing Social Security payments to same-sex couples

Same sex marriages are now going to be recognized as beneficiaries for Social Security purposes. Today's post is shared from Jurist.org

The Obama administration announced [press release] Monday that the Social Security Administration will begin processing payments to surviving spouses of same-sex married couples
In n a brief statement, Press Officer LaVenia LaVelle said, "I am pleased to announce that, effective today, Social Security is processing some widow's and widower's claims by surviving members of same-sex marriages and paying benefits where they are due. In addition, we are able to pay some one-time lump sum death benefit claims to surviving same-sex spouses.

As I stated shortly after the Supreme Court decision on Section 3 of the Defense of Marriage Act, our goal is to treat all Americans with dignity and respect." Widow's benefits are payable to the surviving spouses who were married at the time of their spouse's death, as well as those who were legally married for at least 10 years, but later divorced. The maximum amount a widow over 60 years old may receive is the amount the deceased spouse was receiving or would have received at the time of death. Because the SSA regulations specifically yield to the definition of "marriage" used by the state in which a couple lives, the SSA has lagged behind other federal departments in providing for same-sex couples.
Other federal agencies have taken similar steps to ensure the inclusion of same-sex couples in administrative processes. Earlier this month the US Department of Education [official website] announced [JURIST report] that for the purposes of applying for and receiving federal student financial aid, the federal government will now recognize all legal same-sex marriages.On the same day as the Department of Education's announcement, the US Customs and Border Protection said [Time report] it will expand the definition of "members of a family residing in a household" to include same-sex couples and other domestic relationships so as to facilitate the declarations process.
While the Windsor decision did not create a constitutional right to same-sex marriage, it does entitle couples in lawfully recognized same-sex marriages to certain federal benefits. In September the US Department of Labor [official website] issued guidance explaining [JURIST report] that all legally married same-sex spouses in the US can participate in employee benefit plans overseen by the Employee Benefits Security Administration [official website]. Earlier in September the US Department of Justice [official website] announced [JURIST report] that it will no longer enforce a federal law that denies same-sex spouses veterans benefits. In August the US Treasury Department [official website] announced that it, along with the Internal Revenue Service (IRS) [official website], will recognize marriages [JURIST report] of all same-sex couples for federal tax purposes.


Wednesday, October 23, 2013

Electronic Filing in Workers Compensation: One National System



By Jon Gelman from Jon L Gelman LLC
Pennsylvania is down, New Jersey is up, and Florida is just ahead of the curve, on workers’ compensation docketing and statistical reporting programs. Reliability, accuracy and utility and necessary components to a model system.
Costs from development to deployment, to upgrade and usage become compounded by  glitches and downtime. Redeveloping the wheel for every software browser upgrade and development merely adds to the cost and loss of time.
Nationally the best system has been the Federal Court Electronic Filing System (EFS) along with the public access system PACER. Handling a universal docket of civil, criminal and bankruptcy actions the system is stellar, and gets better with every new software upgrade 
Even though there are many unique local District Courts, and Circuit Court of Appeals Rules, that require adherence, the system integrates functionality that makes it easy and consistent in filing and handling claims. 
A universally consistent protocol for handling court related data would allow integration throughout all jurisdictions national. While workers’ compensation has its own particular issues in each jurisdiction, the basic theory and practice is essentially the same.  
While some integration of data is universally being proposed under The Smart Act regulations, and other Medicare Secondary Payer Act requirements, the processes are national and universal data integration with an uniform patchwork of claims processes, is tedious and difficult to adoption by local jurisdictions at the present time.
Integration of information is not unusual. The major credit reports companies already have collected national individual data. Likewise, The Index Bureau collects data nationally on injuries and claims for the insurance companies. In fact, Federal agencies like the Social Security Administration already access this data.
The writing is obviously on the wall, and has been since CMS initially promulgated the Patel memorandum July 16, 2001, concerning both collection procedures and future medical allowances.
The tedium of prosecuting a Workers’ Compensation claim, and it’s ultimate adjudication, is an onerous task that seems to be getting much worse because of collection of data requirements and a transient population and multi-jurisdictional employers. Dual jurisdiction claims, collateral liens, pre-existing medical conditions, and the collection of medical data are also problematic. Cottages industries are now emasculating the workers’ compensation premium dollar by offering individual State solutions.
It is is time for the establishment of a national workers’ compensation docket system and case filing program that would integrate all jurisdictions and help the system stay an efficient, summary and remedial system that its crafter envisioned a century ago. 

Sunday, October 13, 2013

Social Security raise to be among lowest in years

Social Security payments are tightly kinked to workers' compensation disability payments. When there are increases in benefits, some "reverse offset" states are liberal in passing along the adjustments to injured workers'. The State of New Jersey does NOT pass along the benefit increase and the workers' compensation insurance company does NOT increase the disability award payment to the injured workers. Today's post is shared from the dallasnews.org.

For the second straight year, millions of Social Security recipients, disabled veterans and federal retirees can expect historically small increases in their benefits come January.

Preliminary figures suggest a benefit increase of roughly 1.5 percent, which would be among the smallest since automatic increases were adopted in 1975, according to an analysis by The Associated Press.


Next year's raise will be small because consumer prices, as measured by the government, haven't gone up much in the past year.

The exact size of the cost-of-living adjustment, or COLA, won't be known until the Labor Department releases the inflation report for September. That was supposed to happen Wednesday, but the report was delayed indefinitely because of the partial government shutdown.

The COLA is usually announced in October to give Social Security and other benefit programs time to adjust January payments. The Social Security Administration has given no indication that raises would be delayed because of the shutdown, but advocates for...
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Saturday, September 14, 2013

Listen to the GAO Podcast: Social Security Administration Improper Disability Insurance Payments

Social Security Administration Improper Disability Insurance Payments



SSA's DI program is the nation's largest cash assistance program for workers with disabilities. Though program rules allow limited work activity, some work activity indicates beneficiaries are not disabled and therefore not entitled to DI benefits. Consequently, SSA might overpay beneficiaries if the agency does not detect disqualifying work activity and suspend benefits appropriately.

GAO was asked to study potential DI overpayments. GAO examined the extent to which
 (1) the NDNH indicates that individuals received potential DI overpayments; and 
(2) SSA's enforcement operation detects potentially disqualifying work activity during the waiting period
GAO drew random, generalizable samples of individuals from those whose earnings on the NDNH were beyond program limits and compared wages from their employers to DI program data to identify potential overpayments. To illustrate the circumstances in which SSA made potential DI overpayments, GAO reviewed case files for a nongeneralizable selection of six individuals--three who worked during their waiting period, and three who received potential overpayments for at least 3 years.
Recommendation: To improve SSA's ability to detect and prevent potential DI cash benefit overpayments due to work activity during the 5-month waiting period, the Commissioner of Social Security should assess the costs and feasibility of establishing a mechanism to detect potentially disqualifying earnings during all months of the waiting period, including those months of earnings that the agency's enforcement operation does not currently detect and implement this mechanism, to the extent that an analysis determines it is cost-effective and feasible.
Related articles

Monday, September 2, 2013

Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...

The Social Security Administration turns down many worthy applicants when they first apply.
Photo credit: Thomas Hawk / Foter.com 
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. 

So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis

Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. 

Thursday, August 1, 2013

High Disability Rates Persist in Old Age

Aging and "late life disability" is an an increasing trend. Injured workers' are surviving longer making total disability claims and Medicare involvement an increasing factor in adjudication and settlement of workers' compensation claims. Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com

Weird berries. Capsules of unpronounceable supplements. Yoga or tai chi. Crossword puzzles. Such amulets, we’re told, may ward off disability — which is the real fear that accompanies aging, isn’t it? Not the sheer number of years that will have passed, but the things we’ll no longer be able to do.

But our efforts to dodge disability appear to be falling short. Gerontologists once hoped for a “compression of morbidity”; the idea was that we could remain healthy and active until our bodies fail at advanced ages, and we swiftly died. But new research shows that this has not materialized for most of the elderly. The price we’re paying for extended life spans is a high rate of late-life disability.

Wednesday, March 21, 2012

US Supreme Court Hears Arguments on The Entitlement of Children's Benefits

The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a biological parent is eligible for survivor benefits under Title II of the Social Security Act [42 USC § 401 et seq.].

Justica report on Circuit Court Split: 
"The US Court of Appeals for the Third Circuit ruled [opinion] that the Social Security Act must provide for claimants' children who were born after their death. Attorney for the Commissioner of Social Security appealed, arguing that the court must defer to state intestacy law, regardless of whether the Social Security Act's definition of child is ambiguous.

Monday, February 6, 2012

Court Holds That Social Security Decision Does Not Terminate An Order for Temporary Disability Payments

A NJ Appellate Court upheld that a trial judge's ruling that a decision of the Social Security Administration awarding total disability beenfits did not terminate a workers' compensation order for temporary disability payments. Furthermore, the the court upheld Workers' Compensation Judge George Geist's ruling imposing a penalty against the employer for prematurely terminating benefits.


Judge Geist had reasoned at trial:

"First of all, I want to remind you we are in New Jersey. “An injured employee is entitled to temporary disability benefits from the date of his injury in the course of his employment to the earliest of several dates set by various physicians as the time when such disability ceased.”There is no cessation. There is a continuation of treatment. Every one of the reports shows only continuation of treatment.... The words “[has reached] maximum medical improvement” are nonexistent...."


"Next, the judge rejected BOE's assertion that Ferguson's receipt of SSD benefits entitled BOE to refuse to pay workers' compensation benefits. He reasoned that BOE lacked the authority to disregard a court order, but had done so nonetheless."

Ferguson v. Trenton Board of Education,  2012 WL 330935 (N.J.Super.A.D.), Decided Feb. 3, 2012.

Tuesday, November 22, 2011

Lack of Medical Evaluators Delays Social Security Claims Processing

Guest blog by Rodger D. Moore
of the Nebraska Bar


Recently, the Waal Street Journal reported that the Social Security Administration (SSA), frustrated by the backlog of applications for disability benefits, started pressuring the 140 doctors the agency uses to help evaluate some of the claims.  In an effort to encourage the quick processing of claims doctors were paid a flat rate of $80/case in stead of the previous $90/hour to review the cases.  Many times these cases have hundreds of pages of records to be reviewed and can turn on a few sentences.  


Also, doctors were assigned to evaluate conditions that were not in their areas of expertise.  One of the more interesting quotes came from Neil Novin, former chief of surgery at Baltimore's Harbor Hospital, who worked for Social Security part time for about 10 years. He said "People who shouldn't be getting [disability] are getting it, and people who should be getting it aren't getting it".   


In my experience this has always been the case, but now, with agency doctors being pressured to evaluate these cases quicker, we’ll likely see less competent and thorough evaluations.  This in turn will lead to longer delays, more cases waiting for a hearing and more money spent to evaluate more cases by administrative personnel within the SSA.  


Although I’ve never thought the agency doctors do a good job evaluating these cases, the situation will get worse now that 1/3 of the 140 doctors have either quit or been fired over this shift in philosophy.  In this setting it’s every more important to seek the help of a treating physician in offering a supportive report.  


See the complete article:  

Thursday, October 20, 2011

Social Security 2012: The Good News and The Bad News

The good news is the announcement by Social Security that the rate of payment will increase 3.6% The bad news that Part B Medicare premiums will offset the payment.

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

The Social Security Administration also noted that for some beneficiaries, the increase in Social Security benefits next year “may be partially or completely offset by increases in Medicare premiums.”

For an in depth analysis read the NY Times article.



Click here for PBS News Hour coverage.

Monday, November 22, 2010

Congress Told Workers Compensation is a Deteriorating System

The former chair of the 1972 National Commission on Workers' Compensation told Congress that the present system is deteriorating and a new course of action is warranted. Profession Emeritis John F. Burton, Jr., last Wednesday testified before The Subcommittee on Workforce Protections of the Congressional Committee on Education and Labor.

Professor Burton told Congress that during the last 20 years he has observed the "...deterioration in adequacy and equity of state workers' compensation programs..." He reported that "the decline in workers' compensation cash benefits in the states during the 1990's is explained by ....changes in workers' compensation provisions and practice than  is explained by the drop in workplace injuries and disease during the decade."

Burton proposed that Congress consider new legislation to prohibit costs shifting from workers' compensation to Social Security Disability Insurance (SSDI). He advised the Subcommittee that cost shifting was continuing because 15 states were permitted to continue "reverse offset" provisions, the Social Security Administration (SSA) was paying benefits to workers who were not totally disabled under workers compensation acts, and a larger number injured workers were not qualifying for workers' compensation benefits.


As Professor points out, the aging workforce further complicates the burden placed upon the nation's Medicare system. With the erosion of the doctrine that workers' compensation takes the worker as it finds him or her, medical treatment for pre-existing conditions will be a growing cost for Medicare and a cost-shift from the workers' compensation system. The NY Times reported that, "Nearly one-fourth of Medicare beneficiaries have five or more chronic conditions. They account for two-thirds of the program’s spending."

A "reaffirmation" of "Federal standards" as enunciated in the 1972 National Commission report were recommended by Burton.  Additionally, he called upon Congress to enact legislation requiring employers and/or their insurance carriers reimburse Social Security for permanent disability cash benefits paid by Social Security for disability flowing from a work related event or disability.