Wednesday, April 13, 2011

Economix: Men, Unemployment and Disability - New York Times (blog)

In the worst economic times of the 1950s and ’60s, about 9 percent of men in the prime of their working lives (25 to 54 years old) were not working. At the depth of the severe recession in the early 1980s, about 15 percent of prime-age men were not working. Today, more than 18 percent of such men aren’t working.
That’s a depressing statistic: nearly one out of every five men between 25 and 54 is not employed. Yes, some of them are happily retired. Some are going to school. And some are taking care of their children. But most don’t fall into any of these categories. They simply aren’t working. They’re managing to get by some other way.
For growing numbers of these men, the federal disability program is a significant source of support. Disabled workers — men and women — received $115 billion in benefits last year and another $75 billion in medical costs. (Disability recipients become eligible for Medicare two years after starting to receive benefits.) That $190 billion sum is the equivalent of about $1,500 in taxes for each American household.
Yet disability usually goes unlargely uncovered by the media. Lately, it hasn’t. Motoko Rich of The Times and Damian Paletta of The Wall Street Journal have both written richly detailed articles recently.
Mr. Paletta explains:
The [disability program] is set to soon become the first big federal benefit program to run out of cash — and one of the main reasons is U.S. states and territories have a large say in who qualifies for the federally funded program. Without changes, the Social Security retirement fund can survive intact through about 2040 and Medicare through 2029. The disability fund, however, will run dry in four to seven years without federal intervention, government auditors say.
Perhaps the worst thing about the disability program is that, once in it, many people never leave. They were eligible for disability because of a legitimate injury. But once they stop working, many become less appealing job candidates and less motivated to find work. Their chances of finding well-paying work shrivel. Relative to a low-paying job, especially if the job exacerbates a chronic injury or chronic pain, the modest monthly disability payment of about $1,100 on average can look appealing.
As the economists David Autor and Mark Duggan have written, “the program provides strong incentives to applicants and beneficiaries to remain permanently out of the labor force, and it provides no incentive to employers to implement cost-effective accommodations that enable employees with work limitations to remain on the job.”
In that same paper (a joint effort of the Center for American Progress and the Hamilton Project), Mr. Autor and Mr. Duggan suggest some changes to the system. The two economists, as Ms. Rich writes, propose:
that disabled workers be offered partial income support and services to remain in the workplace. Moreover, they advocate for employers to purchase mandatory disability insurance as they do unemployment insurance and workers’ compensation, giving them incentive to accommodate workers rather than send them to the federal benefit rolls.
The more workers who went on disability, the higher a company’s insurance costs would be.
Given how much variation already exists in states’ approaches to the program — as Mr. Paletta’s article details — you could imagine how an innovative governor might try to make his or her state a model for others to follow. And reforming disability should be part of any solution to our huge looming budget deficits.
Three articles from The Times have more details on the problems with the system. So does Ms. Rich’s blog post from Thursday.
View the original article here

Social Security disability for CSRS employee - Federal Times (blog)

April 1st, 2011 | Uncategorized

Q. I am 58 years old with 35 years’ service and I am eligible for optional civil service retirement. After I retire, can I apply for Social Security disability benefits ? I have had some serious health conditions and my CSRS annuity will not be enough for us to live on. I have credit for 64 Social Security quarters from other jobs I have had.
A. Yes, you could apply for Social Security disability benefits; however, the criteria for Social Security disability benefits is much higher than those for retirement under CSRS or FERS. To be approved for them, you would have to be found so disabled that you were incapable of any gainful employment.
Tags: CSRS, disability, SOCIAL SECURITY
FedLine Home | Permalink | April 1st, 2011
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View the original article here

Pay Back the Money Borrowed From Social Security - Huffington Post (blog)

Throughout its 75 year history, Social Security has provided critical economic security to millions of retirees, families, children and the disabled. Social Security is paid for by the dedicated contributions of workers and their employers, has administrative costs of less than one percent, and since it cannot borrow to fund its operations, Social Security does not contribute to the deficit. No wonder that Americans from all walks of life consistently and overwhelmingly support our nation's most successful social insurance program -- a level of support that is not achieved by other governmental programs.
Social Security currently has a $2.6 trillion surplus which has been building up since the 1983 amendments and is intended to help absorb the retirement of the baby boomers. This surplus is invested in US Treasury securities that are backed by the full faith and credit of the US government. According to the Social Security Trustees 2010 report, Social Security can pay full benefits until 2037, at which time, if nothing were done to strengthen its financing, Social Security would still be able to pay about 78 percent of benefits. This quarter of a century means there is time to strengthen its financing without cutting benefits for future beneficiaries. The American people will insist that Congress do what is needed for the program to pay full benefits and protect these benefits they were promised and have earned.
Social Security Opponents Use Fear to Manipulate Debate
Opponents of Social Security have been working for many years to tell a much different story about Social Security in order to influence how the media and Washington decision makers view it. One example of this is Wall Street insider Pete Peterson who has dedicated $1 billion of his Wall Street fortune to the destruction of Social Security as we know it. Peterson is joined in his efforts by other wealthy special interests that have much to gain if Social Security is cut or eliminated.
Despite the overwhelming public support for Social Security and the critical retirement, survivors and disability insurance it provides to millions of Americans, Peterson and his Wall Street friends want to reduce Social Security's protections and force average working Americans to put their future retirement, life and disability security in the hands of Wall Street -- the same crowd that nearly caused a collapse of our economy and pushed the country into the Great Recession.
It would be very unpopular for the opponents to simply state that their goal is to reduce or eliminate Social Security, requiring politicians to eat from a poison apple. Instead, the opponents try to create false fear about the future of Social Security by making it seem as if the program contributes to the nation's budget deficit and debt. The same Wall Street firms that needed the taxpayers to bail them out -- and individuals like Peterson who took advantage of a tax loophole that enabled him to pay taxes on his Wall Street profits at the same rate as a janitor cleaning his office -- are conducting a massive lobbying campaign to reduce Social Security protections for working Americans and their families by claiming it is a way to lower the federal budget deficit.
The opponents' tactic of setting up Social Security as a false culprit in the deficit problem diverts attention away from the real causes of the deficit -- two wars not paid for, the Bush tax cuts for the wealthy, and the costs associated with the economic crisis, such as the Wall Street bailout. If the opponents of Social Security are able to cut Social Security's benefits, they will accomplish two objectives: (1) reducing Social Security protections while driving retirees into the hands of Wall Street; and (2) hiding the real causes of the deficit and the debt from honest budgetary scrutiny. A look at their claims about Social Security and the budget reveals the falsehoods they continue to promote.
Social Security -- the most fiscally responsible program
Social Security is self-financed, cannot borrow, spends less than one percent on its administrative costs, has a $2.6 trillion surplus which will continue to grow for a number of years, and is off-budget. It does not contribute to the federal deficit or the debt. The Social Security surplus is invested in US Treasuries which enables the federal government to borrow less from other sources. The government borrows these Social Security funds to pay for other government spending -- but is obligated to pay interest on these borrowings -- and pay back the borrowed funds in full when they are needed by Social Security for benefit payments.
Opponents of Social Security obscure the real facts, but they are easy to see in the graph below. The planned build-up of the Social Security Trust Funds since 1983 makes it clear that Social Security has a $2.6 trillion surplus today that will continue to grow.

The Federal Budget -- Red Ink
A look at the federal budget over the same time frame reveals a starkly different picture -- many years of deficits, with only a few years of surplus -- a surplus that disappeared during the G.W. Bush Administration. In 1993, a Democratic Congress and President Clinton, without a single Republican vote in either the House or Senate, enacted a budget plan that put it on a path to elimination of the deficits --and brought the budget into balance, and then later into surplus. In his 1999 State of the Union address, with the budget then in balance, Clinton called for the Social Security surplus investments to be held in a special reserve and not used for other government spending.
As a candidate for president, Vice President Gore made a central part of his campaign a plan to put Social Security's surplus in a "lockbox" to keep its assets from being used for other government spending. When the Supreme Court decided the 2000 election in favor of Bush, however, a very different view of the Social Security surplus became operative.


The federal budget surplus of 2000 quickly disappeared when Bush took office, turning into a sea of red ink. Bush borrowed heavily from the Social Security surplus to help obscure the fact that federal taxes were not bringing in enough revenue to pay for the wars and his tax cuts.
Given this history and the fact that Social Security has not and does not contribute to the deficit, Social Security should not be "on the table" for deficit reduction now. In fact, it should not be part of the deficit debate at all.
The Costs Imposed on Social Security by Wall Street's Failures
In a recent paper on deficit reduction for the Roosevelt Institute, Nobel prize-winner and Columbia University Professor, Economist Joseph Stiglitz noted about the Wall Street banks: "Even if the banks were to pay back every dime that they received, they would not have come close to compensating the country for the full costs (now in the trillions of dollars) that they have imposed on others. "
These costs were imposed on Social Security as well -- Wall Street's failures have increased Social Security costs while also reducing revenues to Social Security. Social Security revenues were reduced by 1.13 percent of payroll from its annual balance in 2010 -- more than $60 billion in one year -- from what the Trustees projected last year "due to a deeper recession and slower recovery than had been expected." This does not reflect the costs to Social Security in 2008-09, nor does it reflect future costs of continued high unemployment, which reduces revenue, and higher benefit payments to beneficiaries forced to take benefits sooner than they otherwise had planned.
As a result of the Great Recession triggered by the economic bubble Wall Street created, Social Security revenues were less in 2010 than benefits paid out. This required Social Security to use a portion of its interest earnings on the surplus to pay benefits -- an event that would have happened several years in the future were it not for the recent economic downturn.
Opponents have used the negative impact of the economy on Social Security to make it seem as if Social Security was failing, as if it had fallen into a deficit of its own. These claims are false. The interest the government owes to the Social Security Trust Fund for the funds it has borrowed from Social Security represents a legal obligation of the government. Interest earned on Social Security investments has always been used to pay Social Security benefits.
But opponents pretend the interest should not be counted as savings that add to Social Security's annual balance. This makes no sense. When Social Security claims the interest it has earned to pay benefits, the government is required to pay back the interest it owes to Social Security. This is what the opponents don't like. Social Security did not create the economic problem or the budget deficit. Wall Street and other government spending did. But the opponents of Social Security don't want to pay back all the money that was borrowed from Social Security, including the interest earned. Instead, they want to cut Social Security benefits.
The taxpayers of America bailed out the banks -- wouldn't it be fair now to ask the banks to pay back what they have cost Social Security? A tax on financial transactions and a tax on Wall Street bonuses, with revenues dedicated to Social Security, would pay back to Social Security and its contributors what has been taken from them.
Pay Back Social Security -- The Government Has Borrowed More from Social Security than any Other Entity or Foreign Government
Another argument made by Social Security opponents to raise fear about the national debt is how much our government has borrowed from China. They never mention how much our government has borrowed from Social Security. In fact, the government has borrowed more from the Social Security surplus than it has from any other source in the world, including China. As a result, Social Security now "owns" nearly 18 percent of the federal debt, making it the largest single holder of US debt. The government owes almost twice as much to Social Security as it does to China and Hong Kong.
Why aren't the opponents worried about paying back Social Security -- why aren't they talking about repaying this debt to the American people?
According to the U.S. Treasury Department's "Monthly Statement of the Public Debt of the United States" (9.30.10), the total debt was $13.562 trillion and was held as follows:
US Holders of Debt
42.1 % -- US Individuals and Institutions
17.9 % -- Social Security Trust Fund
6.0 % -- US Civil Service Retirement Fund
2.1 % -- US Military Retirement Fund
Foreign Holders of Debt
11.7 % -- Oil Exporting Countries
9.5 % -- China and Hong Kong
6.3 % -- Japan
1.4 % -- United Kingdom
1.3 % -- Brazil
1.6 % -- All other foreign countries

House Republican Majority Leader Eric Cantor (R-VA) provided some insight to their Social Security views in a recent NPR interview when he was talking about Social Security and said, "We are going to have to come to grips with the fact that these programs cannot exist if we want America to be what we want it to be."
If the American public were asked about what priority should be placed on the debt owed to Social Security, we have no doubt that they would resoundingly say: "Pay Us Back -- pay back the money borrowed from Social Security!"
Former Senator Donald W. Riegle, Democrat, represented Michigan for 18 years in the US Senate and 10 years in the House of Representatives. Lori Hansen served on the Social Security Advisory Board and was a Technical Assistant to Robert M. Ball, former Commissioner of Social Security, in his capacity as a member of the 1982-83 Social Security Commission.
View the original article here

Social Security Disability Trust Fund Could Go Bust in 2018 - Online Journal

Apr 8, 2011, 10:42 by Victor Ryan

The Social Security Disability Trust Fund, which provides monetary assistance to more than 8.2 million disabled Americans, is projected to run out of money by 2018, the New York Times reports.

The forecast is based on the fact that more in benefits have been paid out than payroll taxes have taken in for the last five years. It's largely because the number of Americans receiving disability checks have risen from 5 million in 2001 to 8.2 million today. About $115 billion is now spent annually on Social Security Disability benefits.

The difficult job market has also played a major role in the depletion of the disabled trust fund, which was originally designed for those "permanently and totally disabled." Some economists say the benefits have become "kind of a shadow safety net" for those unable to find work.

"In an atmosphere in which there is a concern about fiscal problems, it's always easy to point the finger at groups and say, 'These people should be working,'" said Prof. John Bound, an economist at the University of Michigan.

The New York Times notes another reason for the situation is that a 1999 law that launched the Ticket to Work program has had little success transitioning those with moderate disabilities back into the workforce.

The New York Times reports that over the last 18 months, only 13,656 people out of 12.5 million eligible for the program have found work. Only one-third of those earned enough to drop their benefits.

Social Security officials said the Ticket to Work program has been modified since its inception, but it will likely never to have a big impact on the disability trust fund.

"We could make this program exponentially more successful and it wouldn?t be enough to dramatically improve the solvency picture," said Michael J. Astrue, the commissioner of Social Security. "You do it because work--for people who can work--gives them dignity and improves their economic condition.?


View the original article here

Appeals Process For Social Security Disability Benefits Denial


Many applicants who submit their information to receive Social Security Disability Insurance (SSDI) will be denied. They have the right to appeal the decision through a serious of processes designed to change the decision of the Social Security Administration (SSA) if the applicant truly has a disability preventing them from working. The SSA is very strict about their decision making to prevent people from receiving benefits that they truly do not need or deserve.

The first step in the appeals process is called a reconsideration. The applicant will complete the forms and then the SSA will send them to the State Disability Determination Services office where the applicant resides. This office will review the applicant's medical records and then make a determination about their application. The applicant is allowed to submit additional information in addition to the documents from the first application. If the application is denied, the second step is called a hearing.

The applicant will complete a request for hearing by an administrative law judge and an appeal disability report. These forms will be sent to the Office of Disability Adjudication and Review. The office might request further information from the applicant to clarify their claim of disability. The applicant can also request a face to face meeting with a judge. If the claim is again denied, the next step is a review with an appeals council.

The Appeals Council Review will appoint someone in their office to review the applicant's medical records and make a determination about benefits. It is the right of the Appeals Council to deny the request for a review if they believe that the previous hearing resulted in a proper and legal ruling.

The final step to the appeals process, if necessary, is filing a case against the SSA in federal district court. The applicant must be represented by an attorney for this action. A district court judge will hear the case and make a ruling about SSDI for the applicant.

Those who file any type of appeal must be meticulous with their recordkeeping and be able to provide medical documentation of their disability. They must also be patient, as the appeals process can be lengthy and frustrating.








For more information, please visit SocialSecurityNetHelp


Tuesday, April 12, 2011

What Can Go Wrong With Your Social Security Disability Claim?


In a perfect world, each and every individual who is entitled to Social Security Disability benefits would be able to submit a simple and straightforward disability application and be awarded benefits in a relatively short period of time. Unfortunately, we do not live in a perfect world. A number of things can go wrong with a disability application, causing a delay in approval or even the outright denial of a disability claim. If you want to make sure your claim for disability benefits has the greatest chance of success, you need to know what can go wrong. Knowing what can go wrong can help you avoid the common pitfalls associated with disability applications.

Providing Inadequate Information

When submitting a claim for disability benefits, it is crucial that you provide as much documentation as possible to the SSA. Your medical records are going to make or break your disability claim. If you do not have enough documented evidence proving the extent of your disability and how your condition prevents you from performing substantial gainful work activity, your claim for benefits will be denied. Discuss your condition at length with your doctors and make sure they understand your need for disability benefits. Your doctor can help you gather the medical records and evidence needed to qualify for benefits.

Re-Applying Instead of Appealing

Many applicants are upset and surprised when their initial application for disability benefits is denied. The fact of the matter is that most applications are not approved at the initial stage of the claim process. Do not make the same mistake that so many other applicants make and try to re-apply for benefits rather than filing an appeal of your denied application.

Unless your initial application for benefits had been missing some vital information or your condition has suddenly gotten significantly worse, re-applying for benefits is only going to result in another denial and you will find yourself back at square one with the SSA. The truth is that only 30 percent of initial disability applications are approved. Thus, most people are awarded benefits at the hearing stage of the appeal process. Instead of re-applying for benefits all over again, contact a disability attorney to represent you during your disability appeal and have your case heard before an Administrative Law Judge.

Not Communicating with Your Lawyer

It is in your lawyer's best interest to win your disability case for you. He or she will not be paid unless you are awarded benefits. Make sure you communicate with your disability lawyer and provide him or her with whatever information or documentation is required. When your lawyer gives you advice regarding what to say and do at your disability hearing, follow it. Disability attorneys know what it takes to win a disability claim and they truly have your best interest in mind.

Never Lie to Your Lawyer or the Administrative Law Judge

When it comes to disability applications, honesty is the best policy. Never be dishonest with your lawyer and never lie to an Administrative Law Judge (ALJ). Lying to your disability attorney or being dishonest with the ALJ who is hearing your case will likely result in a denial of your disability benefits. In fact, dishonesty can cause you to be denied for benefits when you may actually have been awarded disability payments had you been honest in the first place.

The Bottom Line

The disability application process is anything but simple and straightforward. Fortunately, it is not impossible to navigate. You simply need to keep the above advice in mind and, if your application for benefits is denied, make sure you hire a qualified Social Security attorney. While many things can (and sometimes do) go wrong with a disability application, having the legal guidance of a qualified lawyer can help minimize your chances of experiencing any of the common pitfalls.








Social Security Disability
Social Security Attorney


Social Security Disability and Smoking, Alcohol, Drugs, and Jail


Some people applying for Social Security disability benefits wonder if they still qualify if they smoke, drink, use drugs, or are (or have been) in jail. Here we will discuss what Social Security looks at to make a disability decision.

Many applicants smoke, and it may not affect your claim all that much. However, if your disability is emphysema or COPD, or another breathing disorder that is probably linked to your smoking habit, Social Security will ask if you have attempted to quit. Those who have quit the habit or have drastically cut back on smoking have a much better chance of being approved for disability. Those who are aware of the harmful effects smoking has on their body, but have not cut back at all, are frowned upon and may have their claim denied unless other disabilities exist.

When it comes to alcohol and drug addictions, Social Security has completely changed the system in the last decade or so. There used to be a listing that allowed those who were addicted to alcohol or drugs to be approved, under the reasoning that they had an uncontrollable addiction. However, Social Security realized that these recipients were probably using taxpayers' money, or their disability checks, to fuel their habits. So Social Security turned things around. Now, if it is determined that an applicant has "any material involvement" with drugs or alcohol, they are denied.

That being said, if an applicant has a disability that may possibly be related to alcohol or drugs, but it is questionable, there is still a chance of being approved for disability (for instance, liver failure). These situations are sometimes hard to prove, but it happens quite often.

If an applicant applies for Social Security disability benefits while in jail, it probably won't affect his or her disability claim much unless the period of disability is relatively the same period as the person was in jail. For instance, if a claimant says he has been disabled for three years, and has spent a month in jail, Social Security will consider the time before and the time after the jail sentence. If a claimant says he has been disabled for two years, and most of that period was spent in jail, Social Security may deny the claim. Generally speaking, a person is ineligible for disability benefits while he or she is in jail or prison.

If a person already receiving benefits spends time in jail, and the time is less than a year, Social Security will suspend the disability benefits only during that period of time. When the person is released, benefits will begin again automatically. If the period of time is over a year, however, the person must reapply and begin the process all over again.

One more thing to note is that the severity of the crime he or she has been convicted for may have a bearing on a Social Security decision. For instance, using or selling drugs would probably result in a denial.

Whatever situation you are in, and wherever you are in the process, best of luck.








Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.