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Showing posts sorted by relevance for query social security. Sort by date Show all posts
Showing posts sorted by relevance for query social security. Sort by date Show all posts

Tuesday, March 2, 2021

Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature

The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019. 

Monday, October 21, 2013

The Future of Workers' Compensation

Congress has pushed the deadline for dealing with social issues and expenditures until after Election Day. That still leaves many issues including the future of Social Security and the delivery of medical benefits unaddressed. Those issues are closely intertwined with the patchwork of national programs called workers' compensation. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

The deal President Barack Obama, Republican and Democratic lawmakers reached to reopen the federal government and raise the debt ceiling includes a bipartisan panel charged with producing a long-term budget agreement.
Led by Senate Budget Committee Chairman Patty Murray, D-Wash., and House Budget Committee Chairman Paul Ryan, R-Wisc., the 29-member panel has a Dec. 13 deadline to reach consensus, a timeframe that seems optimistic considering the bitter partisan showdown over the health law that resulted in a 16-day government shutdown of the government and risked federal default.
In remarks Thursday, the president called for a new era of bipartisan cooperation on Capitol Hill. “To all my friends in Congress, understand that how business is done in this town has to change,” the president said. He noted that the nation’s fiscal challenges are the “long-term obligations that we have around things like Medicare and Social Security.  We want to make sure those are there for future generations. “
In a joint statement, Murray and Ryan pledged to work together to find a way around the automatic spending cuts known as “sequestration” now governing federal spending. “We hope we can reduce the deficit in a smarter way. We hope to restore stability to the budget process and end the lurching from crisis to crisis,” they said.
Medicare currently accounts for 16 percent of the federal budget, a share that will grow as more baby...
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Tuesday, June 22, 2021

NJ Court Upholds Bar on Implementing Triennial Determination

Disability Benefits before age 62 are not entitled to a COLA (Cost of Linving) increase in benefits, a “triennial determination.” The Court reasoned that the 1980 NJ statute allowing for a “reverse offset,” one in which the employer takes the Social Security Disability Offset, also permits NJ law to pre-empt Federal law that mandates such a recalculation. 

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.

Friday, November 27, 2009

Social Security's Inconsistencies


The News Journal of Delaware has reported broad statistical inconsistencies in the Social security claims determination process. In an 11 part series entitled, "Shut Out of Social Security," the paper analyzed statistical data from all states, hearing office and administrative law judges revealing variances in percentages of workloads and denial rates for disability benefits.

To read more about Social Security and productivity reports click here.

Thursday, September 18, 2014

Proposed Revisions to the Special Minimum Benefit for Low Lifetime Earners

Social Security's special minimum benefit is declining in relative value, does not provide a full benefit equal to the poverty threshold, and reaches fewer beneficiaries each year. Members of Congress and other key policymakers have proposed several methods for revising the special minimum benefit, either as part of reforming Social Security more broadly or as stand-alone policy options. Most of the new options would index the benefit to wages, helping ensure its sustainability into the future. The options differ in how they define a “year of coverage,” how many years of coverage are required to be eligible for any benefit increase, and how much the full benefit increase should be. Those choices will determine who will receive the benefit increase and how adequate their benefit will be.

Glenn Springstead, Kevin Whitman, and Dave Shoffner are with the Office of Retirement Policy, Office of Retirement and Disability Policy, Social Security Administration. Questions about the analysis should be directed to the authors at (202) 358-6234, (202) 358-6317, and (202) 358-6210, respectively.

Acknowledgments: The authors thank Natalie Lu, Mark Sarney, Melissa Favreault, Kathleen Romig, Hilary Waldron, and Craig Feinstein for their helpful comments and suggestions.

The findings and conclusions presented in this brief are those of the authors and do not necessarily represent the views of the Social Security Administration.

Summary

Selected Abbreviations
AWI average wage...

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Sunday, October 26, 2014

GOP changes tune on cutting Social Security with elections on the line

The focus of the upcoming, expensive, mid-term elections has moved away from Obamacare and toward other issues. This development may impact quite heavily upon medical delivery on a Federal level  and may finally be a major concession that Universal Medical will just have to be accepted because of the need to rein in costs and for efficiency. Today's post is shared from washingtonpost.com/

Cutting federal health and retirement spending has long been at the top of the GOP agenda. But with Republicans in striking distance of winning the Senate, they are suddenly blasting the idea of trimming Social Security benefits.
The latest attack came in Georgia, where the National Republican Campaign Committee posted an ad last week accusing Rep. John Barrow (D) of “leaving Georgia seniors behind” by supporting “a plan that would raise the retirement age to 69 while cutting Social Security benefits.”
Crossroads GPS, the conservative nonprofit group founded by GOP strategist Karl Rove, has run similar ads against North Carolina Sen. Kay Hagan (D), Arkansas Sen. Mark Pryor (D) and Rep. Scott Peters (D-Calif.). Crossroads accused Hagan of supporting a “controversial plan” that “raises the retirement age.”
Pryor’s opponent, Rep. Tom Cotton, meanwhile, is one of at least three Republican candidates in competitive Senate races who have released cheery ads promising to protect Social Security. In Colorado, Rep. Cory Gardner (R) appears in a new ad with his “Grandma Betty” and vows to “honor every penny we promised today’s seniors” — a pledge that seems to conflict with demands by Republican congressional leaders for a less-generous inflation formula to calculate seniors’ cost-of-living increases.
Older voters typically dominate the electorate in non-presidential years, so the resort to...
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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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Tuesday, July 13, 2010

3d Circuit Denies SSDI Claim Where Work Comp Claims Alleged to be a Stressor

The US 3rd Circuit Court of Appeals denied a claim for Social Security Disability Benefits where the claimant alleged that his workers' compensation claim was as stressor and the anxiety caused him to become totally and permanently disabled.

Wright v. Commissioner of Social Security, 2010 WL 2676382 (3rd Cir.(Pa.))



Thursday, April 4, 2019

Trump Administration Proposes Elimination of the Reverse Offset

The Trump Administration in its proposed FY 2020 Budget has proposed elimination of the workers’ compensation reverse offset. The elimination will act as a cost saving measure and will level the playing field for all workers’ compensation system throughout the United States.

Thursday, June 20, 2019

New COLA Increase for Certain Dependents

NJ Governor Phil Murphy has now signed legislation enacting a  cost of living adjustment [COLA] increase for workers' compensation benefits. The law is limited to dependents of public safety employee who have been killed in a workplace accident.

The law provides, from January 1, 2020 forward, an annual COLA in the weekly WC benefit rate for the surviving dependents of any public safety worker who died from a workplace injury after December 31, 1979. A public safety worker is an individual who is employed by or a member of a paid, partially-paid, or volunteer fire or police unit, including a first aid or rescue squad. 

The annual COLA will equal the percentage increase in the annual Statewide average weekly wages earned by all employees covered by the “unemployment compensation law.” For supplemental WC benefits paid for workplace injuries that occurred after December 31, 1979 but before January 1, 2020, the calculation will be performed relative to the Statewide average weekly wages in effect in the year of the injury. However, the calculation applies only to benefits paid beginning on January 1, 2020 without any retroactive benefit payment. 

COLA benefits are to be reduced by the original amount of any Social Security benefits a surviving dependent receives (but not the amount of any Social Security disability benefits and any subsequent cost-of-living increases in Social Security benefits) or Black Lung benefits. 

In addition, COLA benefits will not be paid to any individual who elects not to receive Social Security benefits for which the individual is eligible, or in any case in which the COLA would be less than $5 per week. 

COLA benefits are to be paid from the SIF starting on January 1, 2020. The Department of Labor and Workforce Development calculates the SIF assessment for each calendar year so that projected resources in the fund equal 125 percent of expected benefit payments in the upcoming year plus 100 percent of the projected cost of administration. The surcharge is levied on all employers that are WC and employer’s liability insurance policyholders or that are self-insured, except for reinsurance or retrocessional transactions, and the State or any local units thereof which acts as a self-insured employer.


…. 
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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

Tuesday, December 1, 2009

The Gift That Keeps Giving: The SSA Reverse Offset

Social Security (SSA) has been subsidizing a select group of States since 1981. The workers' compensation insurance carriers in only those select States are permitted to take a credit against SSA payments. 


The  US Congress legislated that if a State had a recognized Social Security Offset Plan in effect on February 18, 1981, then the SSA would not offset workers' compensation benefits to those injured workers. In those jurisdictions, the offset is taken by the workers' compensation insurance carrier, who gains the advantage.


It was recently estimated that that over 583,923 individuals were receiving Social Security Disability Benefits. Of those, 156,096 were eligible for an offset to be taken by SSA. But, of those, 44,748 or 28.7%, were eligible for a reverse offset to be taken instead by the workers' compensation insurance companies.


To read more about Social Security and workers' compensation click here.


Those States that have been designated as "reverse offset"States, and are permitted have  the workers' compensation carrier to take the credit are: California, Colorado, Florida, Louisiana, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Oregon, Washington and Wisconsin.

       

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.

Tuesday, October 2, 2007

NJ Beneficiaries Wait for Supplemental Increase in Workers’ Compensation Benefits

For almost 2 years New Jersey’s most severely injured and their families have been waiting for the legislature to act upon a law to provide for a cost of living increase of their benefits. The legislation, S-1005, would increase benefits of those injured after December 31, 1979. The bill was stalled in the legislature as the parties ironed out technical issues concerning the Social Security reverse offset. NJ is one of the few States remaining that allow workers’ compensation insurance carriers to benefit from Social Security offset rules.

Additionally NJ has side stepped the triennial increase that is provided for under the Social Security Regulations causing NJ’s injured workers not to be allowed to obtain any additional increases in benefits afforded by application of that provision of the Federal law.

………………………..
The Senate Labor Committee reports favorably Senate Bill No. 1005.
This bill provides, from July 1, 2006 forward, an annual cost of living adjustment in the weekly workers' compensation benefit rate for any worker who has become totally and permanently disabled from a workplace injury at any time after December 31, 1979 and for the surviving dependents of workers who have died from a workplace injury at any time after December 31, 1979.
The cost of living adjustment would be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum would bear the same percentage relationship to the maximum benefit rate at the time of the adjustment that the initial rate bore to the maximum rate at the time of the initial award, except that the amount of the adjustment shall be reduced as much as necessary to ensure that the sum of the adjustment and the amount initially awarded does not exceed the amount which would cause any reduction of disability benefits payable under the Federal Old Age, Survivors and Disability Act. The amount of the adjustment would be paid from the Second Injury Fund (SIF), which is supported by a uniform assessment spread out evenly over all employers and insurers.
Current law requires such annual cost of living adjustments (COLAs) in the workers' compensation benefit rate for death and permanent total disability to be paid from the SIF, but only in cases in which the injury or death occurred before January 1, 1980. The bill extends the adjustments to cases originating after December 31, 1979, although the adjustments would apply only to benefits paid on those claims after July 1, 2006.
The bill makes no change in the provisions of sections 1 and 9 of P.L.1980, c.83 (C.34:15-94.4 and 34:15-94.5), which provide for the reduction of certain portions of workers' compensation benefits by the amount of Social Security disability benefits paid. In addition, the bill expressly states that the supplemental benefits shall not be paid in a manner which in any way changes or modifies the provisions of those sections.

Friday, September 27, 2013

ARE YOU OVEREXPOSING YOURSELF IN SOCIAL MEDIA?

Today's post comes from guest author Laurel Anderson, from Causey Law Firm.
By Laurel Anderson from Causey Law Firm
     Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram and other wildly popular social media websites have transformed how people both connect with each other and obtain information about other people. It has also created a change in the legal arena. For our clients who are currently applying for or receiving workers’ comp time loss benefits, or Social Security Disability Insurance (SSDI) benefits, our advice is to keep in mind the importance of privacy settings for both written information and photos on their individual accounts. While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
     From our experience, you can now assume that claims managers, employers, and defense attorneys will search for information on the internet regarding your personal life that can impact your claim for benefits. Please make sure that any outdated information regarding your activities is removed from your personal page. Do not use social media to vent about your employer or state agencies that are the decision-makers in your claim. You may be under the impression that only your friends can see your personal page, and that you have some right to privacy. However, be aware that all of the content on your walls, including photos and instant messaging, could be potentially discoverable by your employer or opposing counsel in a litigated case if the content is relevant to your claim for benefits.
     The risk is somewhat less in the SSDI arena since there actually is an agency directive to ALJs and DDS adjudicators that they are not to use social media to research claimants. We nevertheless warn our SSDI clients concerning social media, as we are not convinced that agency people are always playing by the rules, or that those rules may not soon change.
Photo credit: lindes / Foter / CC BY-NC-SA

Wednesday, February 10, 2010

Workers Compensation Countable as Income Despite Special Needs Trust

An injured worker was denied food stamps in NJ because money from a workers' compensation  award was countable as income despite the existence of a special needs trust.

"A special needs trust that effectively exempts assets or income from inclusion in Medicaid eligibility calculation can be established for the benefit of an individual deemed disabled pursuant to 42 U.S.C.A. § 1382c(a)(3). 42 U.S.C.A. § 1396p(d)(4)(A). The disability determination, however, can only be made by the Social Security Administration or the state disability review team, and only based on the definition set forth in the federal statute. See N.J.A.C. 10:71-3.10 to -3.12(a). Hence, the workers' compensation court judgment as to petitioner's disability, issued by a judge in the workers' compensation context, is not dispositive of whether she is "disabled" pursuant to the federal definition. See N.J.A.C. 10:71-3.10. As the Director of DMHS stated, unless and until petitioner is found to be disabled by the Social Security Administration or the state disability review team, she is not entitled to protect her assets through the use of a special needs trust. See Determining Disability and Blindness, 20 C.F.R. § 404.1504 (2009); Determining Disability and Blindness, 20 C.F.R. § 416.904 (2009)."

J.C. v. Division of Medical Assistance and Health Services, et al., Docket No.: a5632-07 Decided: 2010-02-08 
http://lawlibrary.rutgers.edu/courts/appellate/a5632-07.opn.html


Note: N.J.A.C. 10:71-3.10 Disability and Blindness Factors
For purposes of determining medical eligibility for the Medicaid Only program, the disability and blindness standards shall be the same as for the Supplemental Security Income program under Title XVI of the Social Security Act, as amended by Public Law 92-603. 42 N.J. Reg. No. 4.

Friday, July 24, 2015

Social Security Disability Solvency: The Backbone of Workers' Compensation

The Social Security Disability Insurance (SSDI) system is estimated to run out of money in 2016 and the consequences, if not patched-up by legislation, are going to critical to the nation's patchwork of workers' compensation programs. Since its inception over 50 years ago, SSDI has been the safety net, especially in reserve offset states. It is the backbone of a program to support injured workers.

Over the decades, for numerous economic, social and political factors, the nation's workers' compensation program has continued to diminish in it's ability to deliver as intended. Both the medical and indemnity components have been difficult to obtain, and have restricted what they do deliver.

Friday, February 22, 2019

Legislation to Reduce Violence in Workplace

Congressman Joe Courtney (CT-02), a senior Member of the House Education and Labor Committee, introduced legislation this week to curb rising rates of workplace violence facing health care and social service employees such as nurses, physicians, emergency responders, medical assistants, and social workers.

Thursday, January 12, 2012

Top Disability Research Papers

The Social Science Research Network [SSRN] compiles published academic research papers and makes abstracts or the full articles available for download online. The database includes 376,944 abstracts, 308,704 full text articles and 177,289 authors, To date over 50,293,537 research paper downloads have occurred.


The TOP 4 Papers for the Journal of Disability Income & Work Injury Compensation eJournal hits for the last 90 days have been the following:

RankPaper Title
1
Pregnancy as 'Disability' and the Amended Americans with Disabilities Act Jeannette Cox,
University of Dayton School of Law,
Date posted to database: November 19, 2011
Last Revised: November 19, 2011
2
What Should We Do About Social Security Disability Appeals? Richard J. Pierce,
George Washington University Law School,
Date posted to database: November 8, 2011
Last Revised: November 8, 2011
3
What Can We Learn from Analyzing Historical Data on Social Security Entitlements? Joyce ManchesterJae Song,
Government of the United States of America - Congressional Budget Office (CBO), U.S. Social Security Administration,
Date posted to database: November 4, 2011
Last Revised: November 4, 2011
4
The Complex World of Workers' Compensation and Pharmaceutical Benefits Jon L. Gelman,
Attorney,
Date posted to database: November 17, 2011
Last Revised: November 17, 2011

.....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.