News You Can Use - Social Security

3/4/08 Mr. Bush's war in Iraq is going to cost us $3 Trillion Dollars or more. That is enough money to set Social Security to a solvent state 10 times over. To understand how much a trillion dollars is, imagine you had a trillion dollars in one dollar bills and decided to count it at one bill per second. Without any taking any rest for eating or sleep, it would take you 37,000 years to count the one trillion dollars at the rate of one dollar per second. The money spent on the war each day is enough to enroll an additional 58,000 children in Head Start for a year, or make a year of college affordable for 160,000 low-income students through Pell Grants, or pay the annual salaries of nearly 11,000 additional border patrol agents or 14,000 more police officers. Read more about it in $ down the war rabbit hole.

2/29/08 Disabled man gets two years in jail and ordered to pay back $41,000 for not telling Social Security that he no longer had custody of his two kids. They were taken away from him by the Court, but he continued to pocket their monthly dependent checks for over two years. Not disclosing important information like this to Social Security is treated as a spoken lie by the law. Read more about it in, Unspoken Fraud.

2/28/08 The South Side San Antonio Social Security Local Office MOVED to 3438 Southcross (at the corner of Southcross & Pecan Valley roads). The phone numbers and times of operations have not changed.

2/27/08 Social Security Lifts 1.3 Million Children Out of Poverty. It is not just for retirement. It is the most important child anti-poverty initiative the United States Government has. Read more about it in Money for poor children.

2/23/08 Another Scam! Payday Loan Companies prey on those on Social Security by getting them to deposit their monthly retirement or disability checks in a bank account. The Loan companies then take out the payments and interest and give the leftovers to the person. Sometimes the interest is over 300%. They are now targeting those who get Social Security retirement and disability because they get regular checks. See how you can get out of this awful credit predicament.

2/15/08 How much does a disability recipient get under the new tax rebate plan? $300-$1000. Find out more at IRS Website .

2/11/08 Lying about your medical condition to get Social Security Disability Benefits is a Federal Crime that could land you in jail. Now that the FBI is not spending all of it's time on terrorism, they have stepped up their Social Security disability fraud investigations. See a recent Youtube news video about those FBI investigations by following this link: FBI Investigates Social Security Disability Fraud .

2/10/08 Vote by your Candidate's Position on Social Security

Hillary Clinton Barrak Obama John McCain Mike Huckabee

2/9/08 NEW REBATE LAW: It gives most families a Tax Rebate check next May. Even those earning VA and Social Security disability will get $300. The rebates are based on 2007 tax returns, which are not due until April 15. The rebates are as follows: $600 for individuals, $1,200 for couples, plus an additional $300 per child would go to most taxpayers. Individuals making up to $75,000 a year and couples earning up to $150,000 would get the full rebate, with those making more than that will get smaller checks. For up-to-the-minute information on when the bill is signed into law and any changes, visit the IRS Rebate Website .

People who paid no income taxes but earned at least $3,000 in 2007 (That includes Social Security or veterans' disability benefits) are getting a $300 rebate.

Also beware of e-mails or phone calls from people claiming to be from the IRS and asking you to provide your Social Security number, credit-card number or bank account information to get the rebate. This is a scam: The IRS will not contact you by e-mail or phone about the rebate or any other matter. They will always send mail through the post office.

2/9/08 Same-sex partners won't receive spousal retirement benefits under private pension plans, Federal employee pension plans or Social Security. The Government statute and most pension plans refer to spouses as husbands and wives as beneficiaries. As such, most interpret the language to exclude same-sex marriage partners. Read more about it in Same sex partners do not get spousal retirement benefits .

2/6/08 Highlights from the current administrations Social Security Administration Budget

The Social Security Administration would receive almost a 6 percent increase in its administrative budget. President Bush's budget includes about a half-billion dollars for audits, including reviews of Supplemental Security Income (SSI) awards and disability claims. The agency had to limit those audits because of tight funding in 2005 and 2006, and over payments spiked by almost one-third as a result.

Much of the additional funding will help SSA modernize and process claims more quickly. The agency has made progress in clearing its massive disability claims backlog. In an interview, Commissioner Michael Astrue said the agency still has more than 700,000 pending claims cases. But the agency has cleared many of the cases that have been pending for more than 1,000 days.

"The aged cases had exploded when I took office, to more than 64,000," Astrue said. "So we made that a priority. We didn't quite eliminate them, but we got it down to 108 cases. Thats pretty good, Id say."

The budget also includes a call to create private accounts for Social Security, a recurring Bush administration proposal that has never gained ground in Congress.

2/2/08 In yet another version of telephone scams, people are calling Medicare recipients, identifying themselves as Social Security employees and asking for bank information to issue them their Medicare cards. Then they steal their money. Be warned, Social Security does not ask for personal information over the phone--ever. If someone does, report it to the police. Read more about it in Another Social Security Phone Scam.

2/1/08 Social Security disability or retirement is perhaps the most money you will ever accumulate in your lifetime. For the average retiree, it is the biggest accumulation of wealth you will make in your life. It is one half of the income for two thirds of the country in retirement with average monthly income of $1045 in 2007. To get that type of retirement, you would have to pay an insurance company about $225,000 over time. It would be the equivalent of a $414,000 retirement insurance policy bought in 2006. The best part for you is your employer matches what you pay in each payday. These are huge numbers for the average person. If you have a chance to opt out of Social Security to avoid the payout, don't. Read more about it in the true worth of Social Security.

1/31/08 In a January 28, 2008 letter, Commissioner Astrue of the Social Security Administration decided not to change the rules in disability hearings (at least for now) to require medical records to be submitted five days before the hearing. This rule would have excluded any medical records brought to the hearing by the claimant or records that the claimants medical doctor did not deliver in time. The Commissioner indicated Social Security should not start using this rule until it figures out how to get medical records from doctors on a more timely basis across the country. Lot's of luck, Mr. Astrue! That is not going to happen because there are too many doctors in too many States with too many different laws governing the requirements for timely release of medical records. In Texas alone there are two different standards for hospitals and individual doctors.

Commissioner Astrue wrote as follows: In light of concerns expressed by the public and Members of Congress, we are suspending the rule making process for several of the provisions that have become controversial. We are also working on a formal rule terminating the remainder of the Disability Service Improvement process in the Boston Region and requesting comment on a limited series of issues. We expect to submit this rule to OMS for its review within the next week. Given the mounting expressions of concern, I decided to let you know of our intentions ii:t advance of that notice.

We have been having frank: and productive discussions with representatives of the disability community and are scheduling additional discussions. Our experience to date with the 5-day rule for submitting evidence to an Administrative Law Judge (AU) in New England has been, to the best of knowledge, virtually problem-free from the perspective of our claimants.

However, representatives have persuasively argued that, at least in some parts of the country, physicians and health care institutions cannot be relied upon to send medical records to SSA or to claimants within the 30 - 60 day time period provided to them under the Health. Insurance Portability and Accountability Act (HIPAA).

1/29/08 Senate Bill includes Social Security Recipients in tax rebate plan. It is always nice for the government to choke back a little money toward the people who need it most. The rebates would be reduced to $500 per individual and $1,000 for married couples to keep the expense of the overall package the same. Read more about it in Social Security Tax Rebate.

1/29/08 The President, members of Congress, and the Justices of the Supreme Court do not have to pay 6.2% Social Security Tax like the rest of us, thus adding an more than $6,000 to their take home pay. Read more about it in the Golden Rule (He who has the gold, makes the rules).

1/19/08 Yet another scam where people are pretending to be Social Security employees and make house visits to people on Medicare. This is a blatant attempt to get into the homes of people they think they can take advantage of. Social Security does not call you nor visit your home. If someone does either, call the police. Read more about it in Social Security Home Visit Scam.

1/18/08 Social Security over-reported to the IRS the amount of benefits received by Social Security beneficiaries who purchase Medicare Advantage or prescription drug plans under Social Security parts C and D. The incorrect information is in Box 3 of the 1099 form entitled, "Benefits Paid." This means they over-reported the income of those SS benefit recipients, perhaps increasing their tax liability. The SSA has sent out corrected 1099 forms to the IRS and SSA beneficiaries. Anyone who has used information on a SSA 1099 to file their 2007 income tax return already, but then receives a new 1099, should amend their tax return. Read more about it in the article, "Social Security Over-reports Income."

1/13/08 A recent GAO Audit charges the Social Security Administration with not having a plan to sufficiently address the disability backlog of 755,000. There are 1.5 million claims unresolved as of 2006 and the average wait at that time for denied claims was 500 days. While Social Security claims it needs at least $100 million more to hire sufficient people to address the backlog, the GAO Audit stated that the failure of Social Security to address their poor communication with State agencies (who gather medical information and make the initial denials) is at the root of the problem. This backlog and the lack of a plan to reduce it is going to bite all of us hard as the baby boomer's retire over the next decade. Read more about it at No Backlog Plan

1/10/08 Under Social Security Law, those who are terminally ill still must wait 5 months before receiving Disability benefits even though the logic of the waiting period does not make sense for them. The standard disability insurance industry 5 month waiting period for benefits is based on someone expecting to return to work. They have exceptions for earlier payment for the terminally ill who are not going back to work. In a Social Security disability terminally injured bill introduced in the U.S. Senate, the illogical 5 month waiting period would be removed for the terminally Ill

1/4/08 Social Security soon to come out with pre-paid debit cards for those with benefits. In a program to roll out probably in Texas first, those with benefits will get a debit card that will be loaded with their benefits automatically instead of being sent a check. While there will be a small fee for the card, recipients will get their money faster and will no longer have to be bothered with how to cash it or people stealing it. You won't be able to use the card once the money runs out, and you will be using your own pin number but you can use the card at an ATM to get cash. Read more about the story at Social Security Debit Card

12/29/07 The average Social Security disability monthly check will rise to $1004 in 2008. Retirement checks to rise to $1079 and Survivor checks to $1041. The average Medicare prescription premium will go up to $95. Read about all the important monetary changes at 2008 Social Security monetary requirements and benefits.

12/16/07 New changes in Social Security hearings regulations are unfair to claimants. The article from a Clarksville, TN newspaper website and the one about House Democrats opposing the strict rule changes are perhaps the most scholarly treatment of the impending regulatory changes regarding Social Security disability hearings and appeals that I have ever seen. If you want to preserve your rights to a fair hearing, I suggest you send these links to your Congressman along with a letter explaining your concern with these regulations that make it easier for Social Security and unworkable and unfair for claimants. The time for public comment ends on December 28, 2007 and then no one can stop them from implementing the rules except an act of Congress. House Democrats oppose the policy. Read the Clarksville story here: Unfair Hearing Regulation proposals

12/16/07 Another Scam! Someone from Social Security or the "Government" calls and tells you that you can pay a year's worth of Medicare payments for a small amount and the Agency will refund you $600. All you have to do is give them your bank account number. Social Security will never ask for your bank account number and unsolicited calls from them making financial offers are highly suspect. Even though a $600 payday means allot to you, don't fall into this trap. This has happened many times in Illinois and the scam artists empty their victim's bank account. Get names and phone numbers if this happens to you and check them out. Don't give your bank account number out... ever. Read the full story at: Bank Scammers

12/15/07 More people are going to fall into the Medicare Prescription Drug benefit "Dough nut hole" because of changes to the program starting in January 2007. Beginning January 2008 many prescription plans under part D of Medicare raised their premiums and co-payments. Some will lower their charges and expand their list of drugs to include more Generic drugs to help those who fall in that Dough nut hole. However, in the most far-reaching change starting January, most brand name prescription drugs vanished from the list of covered drugs for credit to get the patient to the other side of the dough nut hole. This has probably effect people with moderate to high prescription drug costs first.

Our advice: Look carefully at your prescription plan to see how it affects you. Change if you need to. Also, look read our web page under our Frequently Asked Questions FAQ to learn about the Medicare, the "Dough nut hole," and where you can find help to get you through it. You can also read the very helpful AARP Article about these important changes here: Dough nut Hole gets Larger

You will be automatically be enrolled in a prescription drug plan if you do not enroll in one on your own. The Centers for Medicare & Medicaid Services (CMS) will send you a letter that will tell you which plan you have been enrolled in and how to change plans.

However, you could lose months of benefits, and you might not get the plan that is best for you if you wait to be automatically enrolled. To learn more about Medicare part D prescription drug coverage, go to medicare.gov. To learn more about the extra help available through Social Security, go to www.socialsecurity.gov.

12/14/07 If you own a home in Texas and are disabled under Social Security or are a disabled veteran, you may well be exempt from paying your property tax bill.

The Veteran's exemption is not just given to you. You have to apply for it. To qualify for a disabled veteran's exemption, contact the regional Veterans Administration, at 1-800-827-1000 to get a letter of benefits showing percentage and date of disability.

The Social Security exemption in Texas is also not just given to you. You have to jump through a couple of hoops. To qualify for a Social Security disability exemption, a property owner must receive Social Security disability benefits or have letters from at least two of your doctors stating that you, the owner, are disabled to a degree that would qualify for Social Security disability benefits.

What that means is that you can get an exemption from property taxes EVEN IF Social Security has not approved your claim yet.

12/14/07 It does not pay in the long run to lie about your Social Security disability claim to get disability benefits. A woman in Georgia was just convicted in criminal court for lying about the assets of her son when she applied for and received disability benefits for him in Arizona. To get SSI, you have to be at the poverty level, even if you are disabled. At the time she applied for her son, he had a one million dollar trust fund. Before she was caught, she received $20,000 in disability benefits. Now she will have to pay it back out of the trust fund and go to jail. As a disability lawyer in San Antonio, we advise our clients that it is a crime to lie to Social Security when obtaining benefits and it should NEVER be done. Read the full story at: Lying does not pay

12/14/07 Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in line, some waiting as long as three years for a decision. But in the meantime, more and more people have lost their homes, declared bankruptcy or even died while awaiting a disability benefits appeals hearing. We know from our experience as San Antonio disability attorneys that the wait for a hearing here is two years. The money needed to allocate more resources to the backlog was vetoed by President Bush in November. Read the full story at: Disability Benefits Backlog

12/6/07 If you are disabled and can't work because of diabetes or one of the conditions you have caused by diabetes, you can collect full social security disability benefits. Read the full story at: Diabetes Disability.

12/6/07 SSA demands back overpayment of 30 year old debt from disabled orphan. Beware! Social Security believes it is never too late to demand money back from those whom it believes it overpays. Recently, SSA demanded over $600 back from a disabled orphan that they overpaid more than 30 years ago. Read the full story at: Disabled Orphan

Often in our disability law firm in San Antonio we have people calling us and asking for advice on what to do with an overpayment notice. We tell them that if you have been overpaid and Social Security is knocking at your door, you can apply for a waiver of the overpayment from Social Security. Remember, they do not have to grant it, but it is always worth a try. Here is where you can start: Waiver of Overpayment.

12/5/07 Beware of Social Security Disability Refund Scams regarding your bank account. A woman in Nebraska was called and told she had a disability refund. The person on the phone said he was from Social Security, knew her address, phone and the first part of her bank account number. He convinced her to give her the rest of her account number, then stole all the money in her bank. Social Security also does not send nosy emails asking for personal information either. If either happens to you, report it to Social Security by any number of means:

Read the full story at: Disability Check Scam

12/4/07 Beware of Social Security Tax Return Refund Scams. Retirement or disability benefits received generally cannot be used to get you a legal income tax refund. If you file a claim including Social Security benefits as earned income, you may end up needing an attorney. Any such claim filed with the IRS may result in civil or criminal penalties.

Here's what to watch for: The scam artists usually offer, for a fee, to prepare tax returns reporting part or all of your Social Security benefits as taxable income. They may falsely claim on your tax return a percentage of your Social Security disability benefits as tax withholding or claim the Earned Income Tax Credit, thereby generating a refund.

The scammers may tell you that you can amend up to three years worth of false refund claims per person or couple on tax returns. Then they advise you to file fraudulent tax returns. You may even erroneously receive a tax refund from the IRS.

However, even if the IRS pays you that refund, it will demand the money back with interest and perhaps a penalty. By that time, the scam artist who you paid to make the false reports will be nowhere to be found. You will then be out the fees you paid to prepare the false returns, and will owe for the refunds you received plus interest and perhaps a penalty. Read the full story at Tax Return Scam

12/3/07 Unfair denials of Social Security disability benefits create hardships for Americans who have paid for the benefits, but can't get them.

Don't get walked on while applying for benefits.

12/07 What is the latest about Social Security Cost of Living Increases?

The latest Social Security cost of living adjustments are out and there is no increase in the attorney fee cap for representing Social Security claimants. For five years it has been $5,300. If adjusted for inflation, it would be about $6,100 by now. Social Security did increase the cap on the user fee deduction for having attorney fees withheld to $79. Here are the new cost of living increases:

(1) A 2.3 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), was effective for December 2007;
(2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2008 to $637 for an eligible individual, $956 for an eligible individual with an eligible spouse, and $319 for an essential person;
(3) The student earned income exclusion to be $1,550 per month in 2008 but not more than $6,240 in all of 2008;
(4) The dollar fee limit for services performed as a representative payee to be $35 per month ($68 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2008;
(5) The monthly amount deemed to constitute substantial gainful activity (SGA) for statutorily blind individuals in 2008 to be $1,570, and the corresponding amount for non-blind disabled persons to be $940.

11/29/07 In it's efforts to get Veteran's disability claims through faster, the Social Security Administration (SSA) has created a new website just for veterans to apply for Social Security Disability. Michael J. Astrue, Commissioner of Social Security, today highlighted the agency's efforts to improve service and reach out to wounded veterans. On Sunday, we honor Americas veterans whose love of country, willingness to serve and sacrifice ensures the many freedoms we enjoy today, Commissioner Astrue said. While we can never fully repay them for their sacrifices, we can be sure we provide them with the quality of service and the respect they so richly deserve. Click here to access the new SSA website for Veterans: SSA Wounded Warrior Program

11/27/07 The SSA will expedite the processing of disability claims for service members who became disabled while on active duty. As long as the veteran alerts Social Security that he or she was wounded on active duty, it will flag the case to make sure it is handled as quickly as possible.

11/20/07 The first Baby Boomer's are putting in for retirement. The first wave of 3.2 million baby boomer's turns 62 next year -- at a rate of 365 an hour. About 49 percent of the men and 53 percent of the women are projected to choose early retirement and begin drawing monthly Social Security checks. The checks will represent 75 percent of the benefit they'd be entitled to receive if they waited four more years to retire.

This is the tip of the iceberg that will create the largest strain on Social Security in history. Right now Social Security provides retirement benefits for 50 million Americans. By 2030, 74 Million people will be getting retirement benefits and they have a longer average lifespan than those getting it now. Funding will become short and perhaps non-existent for those seeking Social Security Disability.

11/20/07 The Social Security Administration has released its Performance and Accountability Report For Fiscal Year 2007. It includes this interesting information showing how Social Security's administrative budget is spent:

Disability Insurance 24.5%
Supplemental Security Income 29.8%
Old Age and Survivors Insurance 29.6%
Other (including Medicare) 16.1%

Read the full report at the Social Security Web page: SSA Performance

11/17/07 The Social Security train has stayed on the same rickety track courtesy of politicians who haven't the guts to tackle the "third rail of politics" and those of us unwilling to accept the hard fiscal truth. The first and most formidable hurdle to be scaled if one hopes to rescue Social Security from insolvency is to wrest control of Social Security taxes from Congress. This just does not apply to retired people on Social Security, It applies to people applying for and receiving Social Security disability

11/17/07 Fuzzy math by the Government ignores the Social Security Crisis to cover cost overruns: Taxes taken in by Social Security to cover retirement and disability is credited against cost overruns to cover Government lack of fiscal responsibility. Read the full story at: Fuzzy Math

11/18/07 Presidential candidate John Edwards said the U.S. is facing a potential crisis in the Social Security system while disagreeing whether raising taxes will be necessary to head it off. This is important for those planning to retire or who need Social Security Disability now. Read the full story: Edwards SSA Position

11/11/07 Democrat Barack Obama said Sunday that if elected he will push to increase the amount of income that is taxed to provide monthly Social Security retirement and disability benefits. Read the full Story at: Obama's SSA Position

10/17/07 On January 1, 1008, Social Security benefits f or nearly 50 million Americans receiving retirement and Social Security disability went up 2.3 percent, the smallest increase in four years. It means an extra $24 per month in the average check. Read the Full Article at: SSA Benefit Increase

11/3/07 What Changes in store for Medicare Drug Coverage?

You should review your Medicare Health care coverage now if you want to avoid double-digit increases in your monthly premiums. The reassignment of the poorest beneficiaries and the higher premiums for many others are just two reasons why seniors and the disabled may want to look into other plans as the Medicare drug benefit enters its third year.

The shopping season officially began on November 15, 2007 and the open enrollment period continued through December 3, 2007. Everybody needs to shop around every year, just because you like your plan this year doesn't mean that plan will work the same next year.

Under the drug benefit, Medicare subsidizes insurance plans that cover an enrollee's prescription drug buys. The government pays insurers extra for covering the very poor.

The plans adjust their coverage to reflect the changing marketplace. They change which drugs they will cover for safety and financial reasons. They also make adjustments to the monthly premiums they charge customers, trying to maximize demand for their product and profitability.

On average, Medicare Part D plans will charge a monthly premium of $28 in 2008, but the premiums vary widely across the nearly 1,800 plans around the country. The premiums range from $9.80 for a basic benefit to $107.50 for enhanced coverage.

About a quarter of the poorest beneficiaries don't pay any monthly premium. They will still be entitled to that extra benefit next year, but they will have to get their coverage though other plans meeting Medicare's requirements for offering coverage to low-income beneficiaries. Medicare officials sent letters this past week to nearly 2 million people to inform them that they will be moved to a new plan.

You can opt to stay with their current coverage if they like, but you likely would have to start paying. Most of the low-income beneficiaries being reassigned participate in plans offered through United Health care and Humana Two companies, Silverscript and Medco, should pick up many of the reassignments.

The poorest participants can switch their drug plans at any time, so if they get a reassignment notice from the government, they should make sure their new plan covers all their medicine, They can do that by consulting 1-800-Medicare or by contacting the State Health Insurance Assistance Program, which has counselors in every state.

But it's not only the poor facing major changes. Enrollment in the drug benefit is highly concentrated, and some of the most popular plans will charge considerably higher monthly premiums next year. For example, the most popular plan, the AARP Medicare RX Preferred Plan, will increase its monthly premium by 16 percent. Humana Inc. will increase the premium for its standard plan by 71 percent. And the AARP Medicare RX Save Plan will jump 65 percent. Silverscript, the ninth largest plan, lowered its monthly premium by 24 percent.

Beneficiaries have a wide array of choices and more than 90 percent of participants can move into a plan with a lower premium than they are currently paying. They just need to shop around. The Government website for Medicare drug coverage plan has an excellent coverage shopping link. You enter your zip code and your age, and you can find a plan that fits you best. Just click here and start shopping now. Prescription Plan Shopping

While the drug benefit affects people differently depending upon their incomes, their health and where they live, the standard benefit looks like this: Participants pay the first $275 in drug costs. Then, the plan pays 75 percent of the tab until total drug costs reach $2,510. That's when beneficiaries hit the so-called dough nut hole, where they pick up all cost until they've paid $4,050 out of pocket. After that point, they only have to pay 5 percent of the tab for their medicine. About a quarter of the plans offering the drug benefit do cover generic drugs when customers hit the dough nut hole.