SSDI

Can I receive Social Security and Medicare benefits simultaneously?

The Social Security Administration recently celebrated "National my Social Security Week" which was aimed at raising awareness for individuals to set up online accounts with the SSA. By so doing, they can be provided with access to their annual statements and information about their projected retirement savings, as well as their eligibility for disability benefits. By having a "my Social Security" online account, these and other questions can be readily answered.

For many retirees and disabled individuals, a common question is whether or not they can claim Social Security and Medicare at the same time. The programs combine to provide a significant amount of the financial support to retired and disabled individuals.

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How does one apply for the government benefits of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)?

If you are disabled and unable to work you may feel hopeless, but there are a number of government-administered benefits offered to help those in your situation. Two of these, the SSI and SSDI programs, provide cash benefits to those in need. SSI is a program for those who are low income and disabled, while SSDI provides benefits to those who are disabled with a relevant work history. If your situation fits into either of the above categories, you may be entitled to monthly benefits. In this article, we will cover the basics of the Read more . . .

What groups benefit the most from Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a government run program that helps millions of people across the country. If you are disabled, according to the Social Security Administration’s definition, and you cannot work, you are likely entitled to a monthly cash benefit. The program covers a multitude of physical and mental disabilities.
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What changes were made by Congress to Social Security "files and suspend" claims?

In 2015, Congress voted to make some sweeping changes to Social Security laws – primarily those impacting retiring Baby Boomers and their portfolios. The following answers some general questions about the changes.

What are the two major areas impacted by the new legislation?

Under the new Social Security laws, two concepts known as “file and suspend” and “restricted application” will be eliminated as of May 1, 2016. These are known as “claiming strategies,” and are alternatives for retirees who do not wish to fully engage their benefits immediately upon reaching the age of eligibility.

What is “file and suspend?”

File and suspend is a claiming strategy in which one claimant files for full benefits at age 66, but opts to suspend the receipt of the first payment until some point thereafter – accruing retirement credits in the meantime. The option was popular with married couples, as it allowed one spouse to receive heightened monthly benefits while the other’s benefits lingered in suspension. Once the suspended benefits entered distribution, the second spouse would be eligible for a higher monthly payment.

What is a restricted application?

A restricted application is one in which a spouse files for full benefits at age 66, but opts only to receive spousal benefits only – thereby allowing the filer’s personal benefits to grow until age 70.

Are these options totally eliminated?

Anyone having already elected the “file and suspend” claiming strategy is safe, as the rules do not go into effect until May 1, 2016. At that time, file and suspend claims will no longer be an allowed; however, anyone who has reached full retirement age (66) by May 1 may still elect this option, provided the application is submitted by April 29, 2016.

With regard to restricted applications, claimants born on or before January 1, 1954 will still be eligible to elect this option, whereas all others will be prohibited as of May 1, 2016.

If you have questions or need assistance with filing for social security benefits, you should consult with a qualified attorney.

Is the Social Security Administration giving inaccurate projections?

Now that Congress has punted on any serious measures to reform the Social Security System, critics continue to question the accuracy of the Social Security Administration's funding projections. The concern is that the SSA's figures make the retirement and disability trust funds appear to be healthier than they actually are. One would think that because Social Security is the government's largest program that extra care would be taken by the agency to ensure that their figures are realistic.

The program is funded by payroll taxes and income taxes on benefits and these proceeds pay benefits and administrative costs. Further complicating the issue is the fact that more and more members of the Baby Boomer generation are retiring and this is putting a strain on the system. The result is a widening gap between revenue going into the funds and the amount of money being paid out.

In 2015, about 60 million people received benefits totaling $877 billion. Of those recipients, 40 million were retirees who received an average of $1,335 per month. The programs' Board of Trustees has released reports of different projections, but the long and short of it is that the asset reserves of the retirement and disability funds will be depleted by 2034.

As for the accuracy of the projections, a recent independent study outlined a number of problems with the Agency's methods. One is that The SSA does not meet the same standards in scientific evaluation procedures that other government agencies and private sector businesses employ. The errors in forecasting most likely occurred because the agency lacks formal statistical methods used to create forecasts.

There are also other problems plaguing the Social Security Disability Insurance Program, and long-term funding has still not been resolved. Currently, more than 10 million Americans are now on SSDI, at an annual cost of more than $140 billion. Some contend that the SSDI eligibility standards need to be updated as they currently rely on data that is 30 years old. In any event, the budget compromise struck between the White House and Congress last December, was only a short-term fix.

Given the fact that Congressional lawmakers have oversight over the Social Security Administration, these elected officials need to insist on greater transparency and accuracy, since their policy decisions are based on the administration's forecasts. In the meantime, if you have become disabled and are unable to work, a qualified attorney can help you secure disability benefits.

What does the Social Security Disability Insurance program cover?

Since the 1950s, the federal government has provided a safety net to people who are considered disabled, and are unable to work and support themselves and their dependents. The Social Security Disability Insurance and Supplemental Security Income system provides care for people who are terminally ill or disabled to the point that it is unlikely that they will ever be able to work again.  

Nearly since its inception, the government has worried about how much money this program will cost. Providing financial support to someone for the rest of their life could get quite expensive, especially considering people are living longer today than ever before. In order to control costs, the Social Security Administration (SSA) has put a rather strict definition of “disabled” in place to limit the number of people who can enroll in the program.

The SSA definition of disability is a complex one. In order to be considered disabled by the Administration:

“you must not be able to engage in any substantial gainful activity (SGA) because of a medically-determinable physical or mental impairment(s):

• That is expected to result in death, or
• That has lasted or is expected to last for a continuous period of at least 12 months.”

The key to determining if you are eligible for disability usually rests not on the disability part of this definition, but on the substantial gainful activity part.

According to the SSA, “Work is ‘substantial’ if it involves doing significant physical or mental activities or a combination of both.” This definition means even part-time, very low wage/low skill work counts.

“’Gainful’ work activity is:

• Work performed for pay or profit; or
• Work of a nature generally performed for pay or profit; or
• Work intended for profit, whether or not a profit is realized.”

The government looks at what you could expect to earn from the amount of “substantial,” “gainful” work you can do, and compares that to earnings guidelines it has developed. If you fall below a certain amount, presumably an amount necessary to support yourself, you qualify.

The earnings guidelines change each year, and it seems like the SAA’s ideas about what “substantial” and “gainful” do as well (even though the letter of the law does not change). So working with an attorney who has experience dealing with the SSA is advised.

I have chronic asthma and suffer from frequent attacks. Could I be eligible for Social Security disability benefits?

With any evaluation of Social Security disability benefits, the SSA will review the applicant’s occupational information as well as the medical condition from which he or she is suffering. Generally speaking, benefits may be awarded to one who – due to both the nature of the job and the severity of the illness – is unable to continue working at their current place of employment without enduring a substantial health risk. Accordingly, the results of an application for benefits may vary – even within a group of applicants suffering from the same condition. However, when reviewing a claim involving a condition like a chronic respiratory issue, the SSA will take a look at certain factors across the board.

Respiratory disorders

Asthma, COPD, emphysema, and chronic bronchitis (bronchial inflammation) fall under the umbrella of chronic respiratory disorders. When reviewing claims involving these conditions, the SSA will refer to the list of qualifying symptoms as found in its Blue Book, which details the symptoms and effects of nearly all qualifying conditions recognized by the SSA. If a condition meets the symptoms listed in the Blue Book, the SSA will approve the application for benefits automatically. Nonetheless, proving that the symptoms interfere with patient functioning is not always easy.

• Chronic Pulmonary Insufficiency

  Meeting this test requires a spirometry test showing that the volume of air exhaled in one second is equal to or less than a certain amount given the applicant’s height. An alternative test may be necessary for applicants suffering from a condition impacting the oxygenation levels in the blood.

• Asthma

  To automatically qualify as an asthmatic, an applicant must show evidence of an asthma attack at least once every two months or six times per year, lasting longer than 24 hours, and requiring hospitalization.

• Cystic Fibrosis

When evaluating applicants with cystic fibrosis, the SSA will review the frequency of respiratory infections, lung capacity, and/or the number of annual episodes requiring medical intervention.

Though a patient may be troubled by respiratory difficulties, unless the patient meets the above conditions, he or she will not qualify as disabled under government guidelines. 

How do I know whether I qualify for Social Security Disability?

Generally speaking, those who qualify for Social Security Disability will have worked at a qualifying job for a certain number of years and have a medical condition that qualifies as a “disability” under Social Security rules. The “disability” will have to be one that renders the recipient unable to work for a year or more. Benefits will continue until the recipient is able to work again on a regular basis. What actually qualifies as the appropriate amount of work and what qualifies as a “disability” can get tricky.

As far as the work requirement goes -- you must have worked for a certain period of time to qualify for benefits. Social Security counts the amount of work you have done and how recently you have done it to compute the benefits you are entitled to. Generally, recipients will need 40 “credits” to qualify, 20 of which were earned in the past 10 years. Each “credit” corresponds to a value of earnings. Such values change over the years. For example, in 2015, $1220 of earnings counted as 1 credit.

The trickier part is determining what qualifies as a disability. Social Security Disability recipients must have a total disability, not a partial or temporary one. Social Security will determine if the disability prevents you from being able to work and whether such inability will last for a year or longer. Social Security will also determine whether the disability prevents you from adjusting to other types of work. The method that Social Security uses is a bit complicated. They maintain a list of conditions that qualify as total disabilities. If the recipient has one of these conditions, they qualify. If not, Social Security will attempt to relate the recipient’s condition to one of those on the list. If they are similar enough, the recipient will qualify.

If you are having trouble qualifying for Social Security Disability, or interacting with the Social Security Administration, you should retain an experienced advocate from the Seelig Law Offices. Serving clients in the greater New York City metropolitan area, we can be reached at: 212-766-0600.

What are the proposed changes concerning Social Security benefits being considered by federal lawmakers?

Social Security benefits are a vital component of the retirement portfolio of millions of Americans. Accordingly, a Congressman from Florida recently requested a memo from the Congressional Research Service in order to determine whether America’s seniors are receiving adequate and fair benefits given the current economy and the amount they have paid in over the years. More specifically, the memo looked at the Cost of Living Adjustment (COLA) used in calculating benefits to evaluate whether it reflected an accurate financial picture in light of what it truly costs America’s seniors to live in today’s economy.

Historically, retirement benefits have been calculated using a figure known as the Consumer Price Index – Clerical Worker’s (CPI-W) as opposed to a separate figure known as the Consumer Price Index – Elderly (CPI-E). According to the research memo, seniors would reap greater benefits if the CPI-E were included in the calculation of the Social Security COLA as opposed to the CPI-W. This prompted the introduction of the “Seniors Deserve a Raise Act.”

The Act, which will be formally presented once Congress reconvenes, requests a 0.2% increase in benefits per recipient – a figure which more adequately reflects the actual costs of living for America’s seniors. Overall, the act requests $388 billion in additional funding for retirement benefit recipients, and, according to sponsor Congressman Grayson (FL), “protects the purchasing power of seniors’ earned benefits against inflation. The CPI-E does this while the CPI-W does not.”

The changes do not take into account the funding and payment issues affecting Social Security Disability, however. Over the past several years, more and more Americans have experienced debilitating accidents and injuries, requiring additional funds from the heavily burdened system. Hopefully, Congress will continue to consider options for increasing funding for both programs, ensuring that retirement and disability benefits will be available to all who are eligible.

If you are concerned about your Social Security benefits, please do not hesitate to contact the knowledgeable attorneys  at Seelig Law Offices, LLC today. Serving the greater New York City metropolitan area, we can be reached at: 212-766-0600.

I was recently denied disability benefits by the Social Security Administration. What are my options in New York?

As more and more Americans face career-ending physical and mental disabilities, the available resources for new applicants have steadily diminished over the past several years. Accordingly, applicants report an increasingly difficult time obtaining an approval for full disability benefits from the Social Security Administration (SSA), yet are unable to return to work either part-time, or at all, due to the excruciating effects of their conditions.

Fortunately, in July, 2015, the New York State Office of Temporary and Disability Assistance (OTDA) announced an increase in funding available to those who have been denied benefits on a federal level, creating a small fund to help assist these individuals as they explore other options.

According to the press release, a total of $6.8 million has been allocated across 12 agencies statewide to provide legal assistance to applicants looking to appeal their denial or discontinuation.

In a statement by the OTDA, “providing this vital support enables individuals in need of assistance to have continued access to services without interruption…Helping eligible individuals receive Social Security benefits improves their financial situation while reducing associated costs to the state and local governments.”

The program is designed to help low-income New Yorkers receive fair and equitable access to representation through the federal appeals process. In so doing, the various legal aid societies across the state have teamed up to offer high-quality pro bono services to those who are in need of federal disability benefits but are unsure where to turn.

In addition to assisting the various legal aid groups, additional funding has also been earmarked for use by the Disability Advocacy Program, which works on behalf of disabled New Yorkers to secure vital services.

If you are struggling with your application for benefits, or have recently received notice that your benefits are being discontinued, please contact one of our knowledgeable attorneys at the Seelig Law Offices. We serve the entire New York City metropolitan area, including all five boroughs, and can be reached at 212-766-0600.

Where does the law stand in terms of disability benefits for taxi cab drivers? 

In New York, a special short-term disability statute allows for workers across a wide variety of industries to enjoy some semblance of financial security when facing a short-term illness or injury. Unlike other states, many employers are legally required to offer short-term disability policies to their workers, provided those workers meet certain criteria.

One such criteria – which has proven problematic for the thousands of cab drivers in New York City – is reaching a status of “employee,” as opposed to independent contractor. The former status allows for a greater number of protections – including access to disability benefits – while the latter offers virtually no financial protection or security. 

The current laws surrounding employment and disability status for taxi cab drivers are somewhat controversial. A recent change to the laws as relating the similarly-situated car wash industry, however, has offered taxi cab drivers (and their advocates) a renewed hope that the laws will soon turn in their favor, resulting in employment and benefits equality. 

Recognizing the limitations imposed by the independent contractor status, the Taxi Workers Alliance began imposing a $0.06 fee on all fare payments tendered by credit card. Over time, this amounted to a sizable $1.4 million savings account reserved for those drivers who needed financial assistance during a time of short-term disability. However, in April 2014, a Manhattan trial court judge struck down the fund, holding that the TWA did not have the authority to impose the fee. 

As the issue lingers on, taxi workers and advocates are hopeful that the recent classification of car wash workers as employees rather than independent contractors will help these hardworking employees obtain the disability and employment benefits they deserve. As a result of the recent ruling by the New York City Council, car washes are now subject to labor compliance oversight, random inspections, and severe penalties for failure to follow labor regulations. 

If you are concerned about your short-term disability benefits, or would like to speak to a reputable attorney about the matter, please contact the New York City lawyers at the Seelig Law Offices today by calling (212) 766-0600.