Decision makers at SSA’s first level of appellate review (“reconsideration” in most states) find it hard to assess claimants’ credibility and subjective symptoms because they do not see the claimant. Therefore cases which turn on these questions tend to get passed upstairs to Administrative Law Judges (ALJs) instead of being awarded by reconsideration level decision makers. These cases typically are ones that don’t satisfy a Listing and require assessment of residual functional capacity (RFC).
Being passed up to an ALJ can add between 9 and 28 months to the process of getting a decision, according to SSA figures dated May 25, 2007 obtained by the National Organization of Social Security Claimants’ Representatives (NOSSCR).
Put another way, claimants whose cases require assessment of credibility or subjective symptoms potentially wait up to 28 months for decisions that might take only 3 months if rendered at the reconsideration level. This is avoided in only the best documented cases.
Here is evidence of a fundamental flaw in SSA’s disability decision process: SSA seems ill-equipped to render a favorable decision at the reconsideration level in that class of cases that do not satisfy a Listing and require assessment of credibility or subjective symptoms.
Is it equal or fair treatment when one class of disabled claimants can get awards in 3 to 6 months, while another class can only get awards in 9 to 28 months.
SSA can remedy this flaw. If claimants and their representatives meet with SSA reconsideration decision makers in person or by video-conference, the reconsideration decision maker can see and speak with claimants and determine their credibility and authenticity of subjective symptoms. We understand that most Social Security district offices have video conferencing capability. Moreover, SSA and claimants when conferencing can freely discuss the need for additional evidence and collaborate in obtaining it quickly. This would not only mean quicker awards for disabled people, but also fewer cases being added unnecessarily to the caseloads of Administrative Law Judges (ALJs).
If only 10 percent of appeals had been removed from the ALJ caseload in 2006, this would have meant 50,080 fewer requests for a hearing. The 2006 ALJ caseload would have been 450,726 instead of 500,806. Most important, many disabled individuals would have received desperately needed cash and medical benefits much sooner.
Wednesday, July 04, 2007
Wednesday, October 04, 2006
Social Security field office staff shrinking
Social Security field offices lost 873 staff members between October 2005 and September 2006. Field office managers see the agency moving away from community-based services, and toward Internet and telephone services. This was discussed at a meeting of Social Security managers on September 12. Fewer staff members means less help for people struggling with Social Security disability forms.
Individuals with concerns about shrinkage in Social Security field office staffs can express their views to Senators and Members of Congress. The U.S. Capitol telephone number is: (202) 224-3121. Give your ZIP code, and operators will direct your call to the appropriate Senate or House office. When the office answers, ask for the staff member who handles Social Security.
With elections coming up, callers probably will find many listening ears on Capitol Hill.
(Information from minutes of a National Council of Social Security Management Associations executive committee meeting dated September 12, 2006, online at the NCSSMA website. )
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Tuesday, September 19, 2006
Should Social Security close offices to the public one day a week, to see if employees work better?
Should Social Security close its offices to the public one day a week, to test whether or not employees process their work better? The Commissioner of Social Security floated the idea of testing this in thirty offices, in remarks made at a ceremony August 9, 2006, at the SSA Teleservice Center in Auburn, Washington.
Also discussed was the possibility of closing SSA offices one day a month if Congress fails to provide the funding SSA believes necessary to support all its programs in the current mode.
Sources: Minutes of a conference call among leaders of the NCSSMA (National Council of Social Security Management Associations) dated August 16, 2006 posted on the Internet; and an August 2006 posting by the General Services Administration (GSA) on the region 10 web page.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Also discussed was the possibility of closing SSA offices one day a month if Congress fails to provide the funding SSA believes necessary to support all its programs in the current mode.
Sources: Minutes of a conference call among leaders of the NCSSMA (National Council of Social Security Management Associations) dated August 16, 2006 posted on the Internet; and an August 2006 posting by the General Services Administration (GSA) on the region 10 web page.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Saturday, September 16, 2006
Another reason DSI implementation may slow down . . .
The President on September 14, 2006, announced his intention to appoint a new Commissioner of Social Security to a term beginning January 20, 2007. Changes in Commissioners often bring a slow-down or halt to innovative programs of their predecessors. Click here.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Friday, September 15, 2006
How fast is DSI becoming effective in the first six states?
The Social Security Administration’s new "Disability Service Improvement (DSI)" initiative was set to start August 1, 2006 in Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont. It may have been significantly delayed. Here’s why we say this:
o SSA seems to not to canceled the Disability Redesign Prototype procedure in one of the DSI states - New Hampshire - until August 10, 2006, ten days after the scheduled date of DSI roll out. Until that time there was uncertainty whether New Hampshire would use DSI procedures exclusively, or some hybrid composed of DSI and the Prototype. (Federal Register, August 10, 2006, page 45890)
o SSA took its time advertising the job of Chief Federal Reviewing Official (a key DSI boss). The federal Office of Personnel Management (OPM) began advertising on July 26, 2006, and accepted applications through August 23 - three weeks after the published roll out date for DSI.
Ultimately, SSA intends that DSI will become the exclusive disability decision and appeal process. They plan to test it for at least a year in the six Northeastern states, and then extend it across the nation.
For details of the DSI intiative, see the Federal Register, March 31, 2006, p. 16424.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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o SSA seems to not to canceled the Disability Redesign Prototype procedure in one of the DSI states - New Hampshire - until August 10, 2006, ten days after the scheduled date of DSI roll out. Until that time there was uncertainty whether New Hampshire would use DSI procedures exclusively, or some hybrid composed of DSI and the Prototype. (Federal Register, August 10, 2006, page 45890)
o SSA took its time advertising the job of Chief Federal Reviewing Official (a key DSI boss). The federal Office of Personnel Management (OPM) began advertising on July 26, 2006, and accepted applications through August 23 - three weeks after the published roll out date for DSI.
Ultimately, SSA intends that DSI will become the exclusive disability decision and appeal process. They plan to test it for at least a year in the six Northeastern states, and then extend it across the nation.
For details of the DSI intiative, see the Federal Register, March 31, 2006, p. 16424.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Monday, November 21, 2005
Can You Work While Claiming SSDI Benefits?
The Social Security definition of “disability” is strict, but you needn’t be totally incapacitated to qualify for Social Security Disability Insurance (SSDI) benefits.
Of course benefits aren’t payable to people who work and earn more than a certain amount. The Social Security Administration (SSA) calls this maximum “substantial gainful activity” or “SGA”.
But if a disabled person earns less than the SGA figure, he or she may qualify for SSDI benefits though working. This means he or she may work while applying, or keep receiving benefits if already qualified.
Earnings averaging over $830 monthly in 2005 are SGA. (The figure is $860 a month in 2006.)
Don’t stop reading if you earn more than this amount. Receiving a monthly paycheck of more than $830 may not mean SSA will count all your income as “earnings.”
“Countable” earnings don’t include things like:
o sick leave,
o profit sharing,
o private disability insurance benefits,
o a spouse’s earnings, or
o wages paid you that exceed the actual value of services you perform.
Extra in-kind support you receive (like ongoing help from other workers) may also reduce your countable earnings. SSA calls this extra pay and support, "subsidy."
SSA also deducts “impairment related work expenses” or "IRWE" when figuring countable earnings. IRWE includes impairment-related items and services you must have in order to work.
In short, although your paycheck may be more than $830 a month, your countable earnings may be less and not disqualify you from SSDI benefits. To learn more about the effect of income and expenses on SSDI benefits, see SSA’s 2005 Red Book.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Of course benefits aren’t payable to people who work and earn more than a certain amount. The Social Security Administration (SSA) calls this maximum “substantial gainful activity” or “SGA”.
But if a disabled person earns less than the SGA figure, he or she may qualify for SSDI benefits though working. This means he or she may work while applying, or keep receiving benefits if already qualified.
Earnings averaging over $830 monthly in 2005 are SGA. (The figure is $860 a month in 2006.)
Don’t stop reading if you earn more than this amount. Receiving a monthly paycheck of more than $830 may not mean SSA will count all your income as “earnings.”
“Countable” earnings don’t include things like:
o sick leave,
o profit sharing,
o private disability insurance benefits,
o a spouse’s earnings, or
o wages paid you that exceed the actual value of services you perform.
Extra in-kind support you receive (like ongoing help from other workers) may also reduce your countable earnings. SSA calls this extra pay and support, "subsidy."
SSA also deducts “impairment related work expenses” or "IRWE" when figuring countable earnings. IRWE includes impairment-related items and services you must have in order to work.
In short, although your paycheck may be more than $830 a month, your countable earnings may be less and not disqualify you from SSDI benefits. To learn more about the effect of income and expenses on SSDI benefits, see SSA’s 2005 Red Book.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Friday, November 18, 2005
Social Security Disability Claim Approval Rates, Initial & Appeal Levels 2004
Social Security has issued figures that show percentages of disability claims approved and denied at the initial and appeal levels in fiscal year 2004. The rates for the first three levels were:
Administrative Law Judge 62% approved, and 38% denied or dismissed
Source: SSA Office of Disability Programs, January 2005.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Initial claim decision 37% approved, and 63% denied
Reconsideration 14% approved, and 86% deniedAdministrative Law Judge 62% approved, and 38% denied or dismissed
Source: SSA Office of Disability Programs, January 2005.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Saturday, September 17, 2005
Texas Disability Lawyers/Advocates - Can You Help People with Disabilities Displaced by Hurricane Katrina?
Texas lawyers and non-lawyer advocates who will help Hurricane Katrina victims with Social Security disability matters without charge, may have their names and contact information listed on the Physician’s Disability Services, Inc. website www.disabilityfacts.com To be made part of the list, to make suggestions, or for more information, please e-mail Doug Smith at dfacts@earthlink.net
The list is for experienced disability lawyers and advocates willing to volunteer. Please include in your e-mail your State Bar of Texas membership number along with your name, address, telephone and fax numbers, and a short description of your Social Security disability training and experience. Non-lawyer advocates should submit the same information except for the State Bar number. Submitting your name for the list does not mean you will accept cases you consider without merit or more cases than you can afford.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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The list is for experienced disability lawyers and advocates willing to volunteer. Please include in your e-mail your State Bar of Texas membership number along with your name, address, telephone and fax numbers, and a short description of your Social Security disability training and experience. Non-lawyer advocates should submit the same information except for the State Bar number. Submitting your name for the list does not mean you will accept cases you consider without merit or more cases than you can afford.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Tuesday, August 09, 2005
SSDI Approval Rates Fluctuate - Seem Trending Up in 2005
Social Security Disability Insurance (SSDI) awards were 37.3 % of applications in fiscal year 2004. This compares with 41.04% in 2003.
However, things may be looking up for SSDI applicants: in the first two quarters of 2005 the percentages of awards were 39.86% and 39.67% respectively.
The figures are from the Social Security Administration. www.ssa.gov/OACT/STATS/dibStat.html
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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However, things may be looking up for SSDI applicants: in the first two quarters of 2005 the percentages of awards were 39.86% and 39.67% respectively.
The figures are from the Social Security Administration. www.ssa.gov/OACT/STATS/dibStat.html
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Friday, July 08, 2005
Social Security Form SSA-3373 BK - Function Report
Social Security Disability Forms: A downloadable version of Form SSA 3373 BK Function Report is available on the Pds web site at:http://wrresources.fatcow.com/documents/FormSSA-3373-BK04-2010.pdf
This form helps SSA understand how well or badly you function in various activities related to work. (Please forgive the wobbly printing, but this is what the form looks like when printed by an SSA computer.)
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
Downloadable copies of the following SSA forms are available on the front page (lower right) of the Pds website http://wrresources.fatcow.com/
Form SSA-3368 BK Disability Report
Form SSA-3373 BK Function Report
Form SSA-3369 BK Work History Report
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This form helps SSA understand how well or badly you function in various activities related to work. (Please forgive the wobbly printing, but this is what the form looks like when printed by an SSA computer.)
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
Downloadable copies of the following SSA forms are available on the front page (lower right) of the Pds website http://wrresources.fatcow.com/
Form SSA-3368 BK Disability Report
Form SSA-3373 BK Function Report
Form SSA-3369 BK Work History Report
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Sunday, May 15, 2005
SOCIAL SECURITY REFORM MAY AFFECT DISABILITY BENEFITS OF YOUNG WORKERS
Young Americans should join the debate over Social Security reform, and make themselves heard by legislators on the various reform proposals on the table. There is more at stake for the young than the creation - or non-creation - of private investment accounts funded by Social Security taxes.
Public debate has not yet focused on potential adverse effects to the Social Security Disability Insurance (SSDI) program of some reform proposals. The adverse effects include shrinking SSDI benefits and unmanageable increases in the number of people applying for SSDI benefits. These risks are discussed in the U.S. General Accountability Office (GAO) report described below.
Young workers have a stake in the health of the SSDI program. A twenty year old worker has a 3 in 10 (30%) chance of becoming disabled before reaching retirement age. Disability Benefits SSA Publication No. 05-10029, January 2005, www.ssa.gov/pubs/10029.html.
Young workers desiring to acquaint themselves quickly with the major Social Security reform proposals can benefit from reading the brief new GAO report, Options for Social Security Reform, May 6, 2005, GAO-05-649R. Text:www.gao.gov/htext/d05649r.html or
Adobe Acrobat®: www.gao.gov/new.items/d05649r.pdf
Young workers should join in the debate now, and ignore any temptation to stand aside and let others settle the questions about Social Security. The now-young workers who become disabled before reaching retirement age may have to live a long time with any mistakes that today’s reformers make.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Public debate has not yet focused on potential adverse effects to the Social Security Disability Insurance (SSDI) program of some reform proposals. The adverse effects include shrinking SSDI benefits and unmanageable increases in the number of people applying for SSDI benefits. These risks are discussed in the U.S. General Accountability Office (GAO) report described below.
Young workers have a stake in the health of the SSDI program. A twenty year old worker has a 3 in 10 (30%) chance of becoming disabled before reaching retirement age. Disability Benefits SSA Publication No. 05-10029, January 2005, www.ssa.gov/pubs/10029.html.
Young workers desiring to acquaint themselves quickly with the major Social Security reform proposals can benefit from reading the brief new GAO report, Options for Social Security Reform, May 6, 2005, GAO-05-649R. Text:www.gao.gov/htext/d05649r.html or
Adobe Acrobat®: www.gao.gov/new.items/d05649r.pdf
Young workers should join in the debate now, and ignore any temptation to stand aside and let others settle the questions about Social Security. The now-young workers who become disabled before reaching retirement age may have to live a long time with any mistakes that today’s reformers make.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Sunday, March 13, 2005
Can I examine my own Social Security disability claim folder?
Disability claimants sometimes report that a Social Security representative refuses to let them look through their personal claim folder. These claimants ask, does SSA have the right to keep me from seeing this information? Generally not. Generally, you have the right to examine your own folder.
Section GN 03360.030 of the SSA Program Operations Manual System (POMS) says,
“An individual's request for his/her record, or authorization by that person to release the record to a third party must be honored regardless of the workload imposed on the component that receives the request.”
Section GN 03301.005 says:
“Generally, SSA must honor an individual's request to see the information contained about himself/herself in SSA's records.”
Section GN 03340.035 says this right of access applies to medical records, as well as other records, except where allowing the individual un-counseled access to medical records is thought likely to have an adverse effect on him or her.
If SSA refuses a person direct access to his or her medical records, GN 03340.035C(3) authorizes release of the records to a responsible person appointed by the claimant who is capable of explaining the records to the claimant.
So, if an SSA representative refuses to show you your records, you can bring these POMS sections to his or her attention. Or to the attention of the office manager.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Section GN 03360.030 of the SSA Program Operations Manual System (POMS) says,
“An individual's request for his/her record, or authorization by that person to release the record to a third party must be honored regardless of the workload imposed on the component that receives the request.”
Section GN 03301.005 says:
“Generally, SSA must honor an individual's request to see the information contained about himself/herself in SSA's records.”
Section GN 03340.035 says this right of access applies to medical records, as well as other records, except where allowing the individual un-counseled access to medical records is thought likely to have an adverse effect on him or her.
If SSA refuses a person direct access to his or her medical records, GN 03340.035C(3) authorizes release of the records to a responsible person appointed by the claimant who is capable of explaining the records to the claimant.
So, if an SSA representative refuses to show you your records, you can bring these POMS sections to his or her attention. Or to the attention of the office manager.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Friday, February 18, 2005
Be sure to furnish SSA details on physical and mental demands of past jobs
Disability examiners have the option of not asking claimants for details of their past work under a Social Security Administration (SSA) policy dated June 2004 [1] SSA is permitting this practice even though the agency’s regulations explain the potential need for job history going back fifteen years.
When examiners exercise their option to dispense with details of work history, it can have serious consequences for claimants who need and deserve benefits.
When examiners forgo asking claimants to complete the SSA work history questionnaire, it deprives the claimants of an opportunity to demonstrate that their past work is now too hard for them.
Is it wise for claimants to leave it up to disability examiners to decide whether this important evidence is in their claim folders?
Incapacity for past relevant work (PRW) is something claimants must prove to win benefits, except in cases where medical findings are unusually severe. [2] SSA reaffirmed the necessity for this proof in Social Security Ruling (SSR) 05–1c published February 15, 2005.
Unless claimants have the foresight to furnish work history without being asked, they often may fail to win the cash and healthcare benefits they paid for with their FICA withholding.
To avoid this potentially fatal gap in proof, claimants can do one of two things. They can either fill out and submit to SSA a Work History Report on Form SSA-3369, or can furnish SSA a completed set of Disability Workbook worksheets. Following either procedure assures that SSA has the evidence with which to compare their current limitations with the physical and mental demands of their past jobs, and to make a sound decision on their capacity to do past work.
The Form SSA-3369 is available free on the Internet at: http://www.ssa.gov/online/ssa-3369.pdf
The Worksheets are available as part of the Pds Disability Workbook for Social Security Applicants and separately as a downloadable e-book on: www.disabilityfacts.com.
[1] For example, SSA Program Operations Manual System (POMS), Section DI 20501.035.
[2] Code of Federal Regulations (CFR), Title 20, Section 1565.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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When examiners exercise their option to dispense with details of work history, it can have serious consequences for claimants who need and deserve benefits.
When examiners forgo asking claimants to complete the SSA work history questionnaire, it deprives the claimants of an opportunity to demonstrate that their past work is now too hard for them.
Is it wise for claimants to leave it up to disability examiners to decide whether this important evidence is in their claim folders?
Incapacity for past relevant work (PRW) is something claimants must prove to win benefits, except in cases where medical findings are unusually severe. [2] SSA reaffirmed the necessity for this proof in Social Security Ruling (SSR) 05–1c published February 15, 2005.
Unless claimants have the foresight to furnish work history without being asked, they often may fail to win the cash and healthcare benefits they paid for with their FICA withholding.
To avoid this potentially fatal gap in proof, claimants can do one of two things. They can either fill out and submit to SSA a Work History Report on Form SSA-3369, or can furnish SSA a completed set of Disability Workbook worksheets. Following either procedure assures that SSA has the evidence with which to compare their current limitations with the physical and mental demands of their past jobs, and to make a sound decision on their capacity to do past work.
The Form SSA-3369 is available free on the Internet at: http://www.ssa.gov/online/ssa-3369.pdf
The Worksheets are available as part of the Pds Disability Workbook for Social Security Applicants and separately as a downloadable e-book on: www.disabilityfacts.com.
[1] For example, SSA Program Operations Manual System (POMS), Section DI 20501.035.
[2] Code of Federal Regulations (CFR), Title 20, Section 1565.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Monday, February 14, 2005
Social Security will send its exam reports to your doctor
Many who apply for Social Security disability benefits are examined by Social Security doctors. Often these applicants would like copies of the government medical examination reports to be sent to their personal doctors. Social Security Administration (SSA) policies permit this.
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Monday, January 10, 2005
You also can find the Work History Report Form SSA 3369 BK
Social Security Disability Forms: A downloadable version of Form SSA 3369 BK Work History Report is available at: www.ssa.gov/online/ssa-3369.pdf
This form helps SSA understand the most demanding physical and mental tasks of your past jobs, and helps them make an informed judgment on whether you could do any of the jobs now.
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
This form helps SSA understand the most demanding physical and mental tasks of your past jobs, and helps them make an informed judgment on whether you could do any of the jobs now.
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Tuesday, December 28, 2004
Social Security hides Disability Report Form 3368 but you can find it
Social Security Disability Forms: Social Security has removed the downloadable standard Form SSA 3368 BK Disability Report from the "forms" and "starter kit" pages on the Social Security website. But you can still get an electronic copy of the Form SSA 3368 BK at: www.ssa.gov/online/ssa-3368.pdf
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Thursday, December 16, 2004
People with disabilities may face "conversion handicap"
Many people underestimate the economic challenges of disability, a Nobel prize-winning economist told a group at the World Bank in early December.
Economist Amartya Sen told the group that "conceptual confusion" has contributed to insufficient attention being paid to disability and its correlation with poverty, according to Financial Times reporter Andrew Balls. So although disabled people might find it harder to find well-paying jobs, in what Mr Sen called an "earning handicap", they may also require higher levels of income.
This is because of a "conversion handicap" - or the assistance that disabled people may need to achieve everyday tasks, such as mobility or allowing children to attend school.
"Poverty statistics tend to look at poverty as if able-bodied and disabled people can do the same things with the same amount of money," said Mr Sen. "The earnings handicap is far exceeded by the conversion handicap, not just for the individual involved but for families where there is a disabled person."
The full story appeared in the Financial Times of December 2, 2004, under the headline: Donors urged to focus more on disability in allocating aid budgets.
Comment: People in Congress who set the Social Security disability benefit, and delay the effective date of Medicare coverage for Disability Insurance beneficiaries until twenty four months after start of cash benefits, should give more consideration to this reality.
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Economist Amartya Sen told the group that "conceptual confusion" has contributed to insufficient attention being paid to disability and its correlation with poverty, according to Financial Times reporter Andrew Balls. So although disabled people might find it harder to find well-paying jobs, in what Mr Sen called an "earning handicap", they may also require higher levels of income.
This is because of a "conversion handicap" - or the assistance that disabled people may need to achieve everyday tasks, such as mobility or allowing children to attend school.
"Poverty statistics tend to look at poverty as if able-bodied and disabled people can do the same things with the same amount of money," said Mr Sen. "The earnings handicap is far exceeded by the conversion handicap, not just for the individual involved but for families where there is a disabled person."
The full story appeared in the Financial Times of December 2, 2004, under the headline: Donors urged to focus more on disability in allocating aid budgets.
Comment: People in Congress who set the Social Security disability benefit, and delay the effective date of Medicare coverage for Disability Insurance beneficiaries until twenty four months after start of cash benefits, should give more consideration to this reality.
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Friday, October 29, 2004
Social Security Disability Insurance replaces part of earnings
What percent of earnings are replaced by SSDI?
Social Security Disability Insurance (SSDI) benefits replace part of a disabled worker's prior income. The fraction varies according to the earnings history; the lower the earnings the higher the replacement rate. It also varies according to whether you have family members who who qualify as auxiliary beneficiaries.
To get an idea of the wide variations in earnings replacement rates, consider a hypothetical example. Assume that three disabled workers, all age 45, were earning at three different salary levels when they became disabled in 2003. According to the Social Security Administration (SSA) the following earnings would be replaced in the following percentages by SSDI benefits.
Earnings $14,600 annually, replacement rate 60.4% (with qualifying family member, 83.7%)
Earnings $32,444 annually, replacement rate 44.6% (with qualifying family member, 66.9%)
Earnings $80,978 annually, replacement rate 29.2% (with qualifying family member, 43.8%)
The above is a simplified illustration; actual replacement rates will vary because of differences in workers and work histories. Also, as noted above, auxiliary benefits paid to dependent family members can significantly increase the replacement rate. (Source: SSA’s FY 2003 Performance and Accountability Report, Overview, page 10.)
Your situation probably does not match any of these hypothetical ones. For an estimate of what your personal SSDI benefit would be if you were disabled now, call SSA at 1-800-772-1213 and ask them to send you Form SSA-7004, Request for Social Security Statement. Or, on the Internet, go to: https://s044a90.ssa.gov/apps6a/isss/main.html
What are auxiliary benefits?
When you receive SSDI benefits, other members of your family may qualify for what SSA calls “auxiliary benefits” Here is what the agency says about auxiliary beneficiaries in its booklet, Disability Benefits, SSA Publication No. 05-10029:
Certain members of your family may qualify for benefits based on your work. They include:
● Your spouse, if he or she is 62 or older;
● Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
● Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full-time; and
● Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)
NOTE: In some situations, a divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Social Security Disability Insurance (SSDI) benefits replace part of a disabled worker's prior income. The fraction varies according to the earnings history; the lower the earnings the higher the replacement rate. It also varies according to whether you have family members who who qualify as auxiliary beneficiaries.
To get an idea of the wide variations in earnings replacement rates, consider a hypothetical example. Assume that three disabled workers, all age 45, were earning at three different salary levels when they became disabled in 2003. According to the Social Security Administration (SSA) the following earnings would be replaced in the following percentages by SSDI benefits.
Earnings $14,600 annually, replacement rate 60.4% (with qualifying family member, 83.7%)
Earnings $32,444 annually, replacement rate 44.6% (with qualifying family member, 66.9%)
Earnings $80,978 annually, replacement rate 29.2% (with qualifying family member, 43.8%)
The above is a simplified illustration; actual replacement rates will vary because of differences in workers and work histories. Also, as noted above, auxiliary benefits paid to dependent family members can significantly increase the replacement rate. (Source: SSA’s FY 2003 Performance and Accountability Report, Overview, page 10.)
Your situation probably does not match any of these hypothetical ones. For an estimate of what your personal SSDI benefit would be if you were disabled now, call SSA at 1-800-772-1213 and ask them to send you Form SSA-7004, Request for Social Security Statement. Or, on the Internet, go to: https://s044a90.ssa.gov/apps6a/isss/main.html
What are auxiliary benefits?
When you receive SSDI benefits, other members of your family may qualify for what SSA calls “auxiliary benefits” Here is what the agency says about auxiliary beneficiaries in its booklet, Disability Benefits, SSA Publication No. 05-10029:
Certain members of your family may qualify for benefits based on your work. They include:
● Your spouse, if he or she is 62 or older;
● Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
● Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full-time; and
● Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)
NOTE: In some situations, a divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Saturday, October 23, 2004
New electronic folders for Social Security disability claims excite SSA, concern others
Social Security leaders are excited that they soon will have electronic folders for all disability claims, as part of a new system the agency calls the electronic disability system or “eDIB.” This means there will be no troublesome paper folders to clutter employee desks or get lost in the mail. It means that many different people in Social Security can work with a folder at the same time, speeding up decisions.
However, eDIB also means that individuals claiming disability benefits may be blindfolded when in a few months there is no longer a conventional paper folder for them to look through. Already, offices in fourteen states are using the electronic folders, the SSA Commissioner said in testimony to Congress on September 30, 2004.
The states using electronic disability folders are: Alabama, California, Florida, Georgia, Illinois, Minnesota, Mississippi, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, and West Virginia, according to the Social Security press office.
Lawyers and other advocates have voiced concern about folder access and have gotten some response from SSA. A representative of the National Organization of Social Security Claimants’ Representatives (NOSSCR) testified in the same hearing that SSA had assured some NOSSCR members that:
“SSA will ‘burn’ a CD and send that to the appointed representative and to unrepresented claimants as well. Representatives can then print out the file or view it on their own computers. In addition, at some point in the future, SSA plans to set up a special, secure website for appointed representatives. With their assigned identification numbers, they can go online to see the contents of their clients’ folders.” 1
Not content with only an SSA commitment to provide computer disks, a witness for the Consortium for Citizens with Disabilities testified in favor of offering people the ability to review their folders “online”:
“To know what is in the record at any given point during the process, we believe that optimum meaningful access requires secure online access with a ‘read-only’ capacity.” 2
Though meaningful, these electronic access measures will not people who lack computers. Between 44 and 76 percent of people with disabilities lack computers, according to recent surveys. 3 We have discovered no SSA plan to give folder access to computer-less people. We have not even found mention of a simple solution like printing folder contents for people who lack computers and ask for access to their Social Security records.
The changeover from paper to electronic folders is going fast. The SSA Commissioner said:
“In the DDSs, we rolled out eDIB in January 2004 starting in Jackson, Mississippi, and implementation has begun in 14 states. We expect this process to be complete by June 2005.”
If Social Security is to extend equal treatment to all claimants, it cannot accommodate computer-owning claimants by furnishing them disks containing copies of their folders, while providing computer-less claimants no opportunity to have the same information.
Can computer-less people do something to assure that they can examine and copy their Social Security disability claim folders after the agency goes electronic? Yes. Fortunately, roll-out of the new disability process still is at an early stage. This is a good time to ask SSA and Members of Congress to remove the blindfold and give computer-less and computer-owning claimants equal access to disability information.■
__________
1 Statement to House Ways and Means Social Security Subcommittee, September 30, 2004.
2 Same.
3 About 44 percent of Americans who describe themselves as having a disability lack computers, according to a report of The Pew Internet and American Life Project released April 16, 2003. Three quarters (76.1 percent) of people with work disabilities lack computers, according to a March 2000 study by the National Institute on Disability and Rehabilitation Research.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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However, eDIB also means that individuals claiming disability benefits may be blindfolded when in a few months there is no longer a conventional paper folder for them to look through. Already, offices in fourteen states are using the electronic folders, the SSA Commissioner said in testimony to Congress on September 30, 2004.
The states using electronic disability folders are: Alabama, California, Florida, Georgia, Illinois, Minnesota, Mississippi, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, and West Virginia, according to the Social Security press office.
Lawyers and other advocates have voiced concern about folder access and have gotten some response from SSA. A representative of the National Organization of Social Security Claimants’ Representatives (NOSSCR) testified in the same hearing that SSA had assured some NOSSCR members that:
“SSA will ‘burn’ a CD and send that to the appointed representative and to unrepresented claimants as well. Representatives can then print out the file or view it on their own computers. In addition, at some point in the future, SSA plans to set up a special, secure website for appointed representatives. With their assigned identification numbers, they can go online to see the contents of their clients’ folders.” 1
Not content with only an SSA commitment to provide computer disks, a witness for the Consortium for Citizens with Disabilities testified in favor of offering people the ability to review their folders “online”:
“To know what is in the record at any given point during the process, we believe that optimum meaningful access requires secure online access with a ‘read-only’ capacity.” 2
Though meaningful, these electronic access measures will not people who lack computers. Between 44 and 76 percent of people with disabilities lack computers, according to recent surveys. 3 We have discovered no SSA plan to give folder access to computer-less people. We have not even found mention of a simple solution like printing folder contents for people who lack computers and ask for access to their Social Security records.
The changeover from paper to electronic folders is going fast. The SSA Commissioner said:
“In the DDSs, we rolled out eDIB in January 2004 starting in Jackson, Mississippi, and implementation has begun in 14 states. We expect this process to be complete by June 2005.”
If Social Security is to extend equal treatment to all claimants, it cannot accommodate computer-owning claimants by furnishing them disks containing copies of their folders, while providing computer-less claimants no opportunity to have the same information.
Can computer-less people do something to assure that they can examine and copy their Social Security disability claim folders after the agency goes electronic? Yes. Fortunately, roll-out of the new disability process still is at an early stage. This is a good time to ask SSA and Members of Congress to remove the blindfold and give computer-less and computer-owning claimants equal access to disability information.■
__________
1 Statement to House Ways and Means Social Security Subcommittee, September 30, 2004.
2 Same.
3 About 44 percent of Americans who describe themselves as having a disability lack computers, according to a report of The Pew Internet and American Life Project released April 16, 2003. Three quarters (76.1 percent) of people with work disabilities lack computers, according to a March 2000 study by the National Institute on Disability and Rehabilitation Research.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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