Governmental Budget Woes...Again?

It wasn’t too long ago…April, to be exact, that we discussed the issue of a possible government shutdown. We were all lucky to have escaped the potential of having to adjust to said shutdown. At Binder & Binder®, it's business as usual, and we're going to continue working hard for our clients regardless of what happens. But, we want to take a second and let you, our clients and readers, know what this means for the Social Security Administration (SSA).

While we may not be facing another possible government shutdown, we may be facing other difficulties—and, it may come as no surprise that these difficulties are also related to the government’s budget. The story, however, is a little different this time. The threat this time is not a government shut down, but rather the threat of the national budget hitting its ceiling.

Concerns over the national budget are certainly not “new” news; it’s been a topic of contention for many years now. But, as the budget makes its way back into the headlines, it brings concerns for those receiving Social Security Disability along with it. In fact, if lawmakers are unable to come to a decision regarding the debt by August 2^nd, Social Security, Disability, and Veterans checks might not be sent out. President Obama has warned that there simply may not be enough money to continue the payments.

While the implications of a non-existent governmental budget are fear-inducing, especially for those who depended up the government and SSA for their benefits, we would like to reassure our clients that we will continue to operate as normal. We’ve been faced with possible difficulties of this magnitude before, and have always pulled through. We’ll do our best to keep you informed throughout this process.

Two Questions.

I get two questions from clients all the time.  Not surprisingly the first one is about the hat.  But the second one is whether I get recognized all the time.  I do.   It is very flattering that people come up to me and say they like the commercials or quite frequently that we represented someone that they know who was happy with our efforts.  Other times people come up and start asking questions about taxes  or whether the trust fund is running out which is less pleasant.  Not long ago I got recognized at Logan airport in Boston by the spouse of  client who raced over to thank me for winning his wife's case.  That is always the best.  Second best is crossing the street in NYC and having a firefighter in a engine company or ladder company blew his horn at me and wave.  Occasionally police officers in NYC in the local precinct will pull over just to say hello.

I am almost always recognized by TSA people when getting through security.  The agent will have my photo id in his hands and looks at me; you see a very short double take. Often the TSA people in friendly airports (Tampa is the friendliest airport I know) will come up to me and start chatting.  I'm also recognized on trains particularly the commuter train to our office in Hauppauge.  Fellow passengers will say hello on the platforms which is extremely flattering.  Everyone likes "the hat" though few realize there have been quite a few versions of "the hat" in the commercials.  Right now I'm wearing a Panama hat given to me recently by a friend but no one seems to know that it is a brand new hat that has never appeared on TV.

Harry incidentally is also recognized since he also wears a cowboy hat though his are much larger, more LBJ style than mine.  Like me, he is always recognized at airports by security or at baggage claim.  In fact recently picking up my bag at JFK, someone came up to me to tell me my brother had been there in the morning.  That's being recognized.

Disabled Retired Professional Athletes: What Is Next For Them?

When you think about an individual applying for Social Security Disability, what kind of person do you picture? Perhaps you picture someone much like yourself—a hardworking person, spending countless hours at the office to provide for their family, when an unfortunate injury or impairment prevents them from doing so. Perhaps you picture an electrician, a secretary, a school bus driver, or a carpenter. But…have you ever pictured a professional athlete? After all, they are working individuals who can suffer from disabilities too. Specifically, what happens to NFL players who become disabled and are forced into retirement?

An article from the Newsroom Jersey, dated July 23, 2010, discussed this exact issue (click on “Newsroom Jersey” to read the full article). The article notes the struggles of a number of former NFL players, who were severely injured either during their careers or are experiencing lasting effects from the “wear and tear” of the game. Many of the injured former professional athletes are uninsurable as a result of said injuries, and—to top it off—they’ve been denied disability severance from the NFL.

With the inability to obtain health insurance, and a denial for disability from their former employers, many disabled former NFL players are placed in the same location as several of our clients. Much like our clients applying for Social Security Disability, former NFL players have paid FICA taxes—making them eligible for disability payments. And, with the help of a Social Security Advocate, former NFL players have been able to rely on government support such as Medicare and Social Security Disability to aide in their continued medical needs.

In the News…Over 30 Years Ago.

We watch the news. We read the newspapers. And we scour Internet news sites. We’ve said it before, and we’ll say it again: we want to keep you informed. If we find something important, our goal is to make sure you know about it one way or another. While we know you could essentially come across the same information on your own, we want you to know we’re looking out for you too.

There has been a lot of talk recently about the status of the Social Security Administration and their stability. Will there be funds available in the Social Security Administration’s trust for the younger generation when they need them? Will there be funds for those who need them tomorrow? Perhaps you might have even heard your parents question the system’s stability back in the day.  Unfortunately, there’s no easy answer. And, unfortunately, we don’t have any say in the matter; it’s solely in the government’s hands.

But, something interesting popped up recently in our journey to keep you informed. It was an article that was originally posted in the Herald-Journal on December 19^th….of 1977.  The article, which was written almost 35 years ago, read as if it had been written today. The same issues and concerns regarding the Social Security Administration’s trust fund stability were just as prevalent in 1977 as they are now in 2011. It’s apparent that, when it comes to our security, time doesn’t have much affect on our concerns.

We don’t know what the future holds, but we will keep you informed. The possible dissolution of the Social Security Administration’s trust fund is something that has been around for decades, and we’ve always come though.

If You’re Disabled, is Social Security an Option for You?

The general belief regarding disability benefits is: if you’re disabled, you can receive benefits. If only the system was that easy and uncomplicated, but it isn’t. And, if it was, we wouldn’t be here writing about it today! We’ve mentioned before how difficult and complex the system may be. That being said, even those who would qualify for disability based solely on their impairments, may not actually qualify for benefits in the long run.

Last month, we discussed the five-step process that one must be vetted through in order to be determined eligible for disability benefits. We’re not about to say that the five-step process is the only criteria for qualifying for disability, because it isn’t. A recent post on our Facebook page got us thinking. If you feel as if you meet the steps to qualify for disability, are there other issues standing in your way to receiving benefits? The simplest answer is: Yes.

As you may know, there are two different types of disability one can collect—Social Security Disability (SSD) and Supplement Security Income (SSI) benefits. SSD pays monthly cash benefits to people who have paid enough FICA taxes to qualify, and are now unable to work for a year or more because of a disability. Conversely, SSI is a governmental program that pays monthly cash benefits to people who are age 65 or older, those who are blind or those who have a disability and who do not own much or have a lot of income.

If you've worked most of your life and have paid your FICA tax, generally you're going to be eligible for SSD. Specifically, you must have worked ten years in your lifetime and five years out of the last ten at the time you became disabled for SSD eligibility. Unfortunately, if you do not fit the above-noted criteria, there is a chance that you may not qualify for SSD. SSI is available to certain people, like disabled adults and children who have limited income or resources. To qualify for SSI benefits, you must meet certain eligibility requirements, which can be confusing and may vary state by state.

There is, however, a slight chance that—due to individual, family or household circumstance—one may not be eligible for either SSD or SSI. Often times an individual will find out that their household income places them outside of the criteria for SSI. At the same time, they suffer from a disability that does not allow them to return to work, but they cannot qualify for SSD as they have not worked at least five years out of the last ten in order to be eligible. It’s an unfortunate and frustrating situation to be in, and the Social Security Administration’s regulations are not able to be adjusted.

In the News.

We’ve touched on this before; Social Security Disability cases can take along time. Some cases will take longer than others, but with the most recent reports coming in, it appears as if all cases may start taking just a little bit longer. We want to keep you informed of these changes, no matter how big or small. If there is a change in the system that could possibly affect you and how long it takes to receive benefits, you deserve to know.

As of May 27, 2011, Social Security Administration Commissioner Michael Astrue began questioning the recent increase in pending appeals. At present time, more than 740,000 individuals are awaiting an appeal of their case. The current number of individuals awaiting appeal has grown 5% in the last year alone, which could very possibly increase the wait time. According to the Transaction Records Access Clearinghouse, a data research organization at Syracuse University, “history shows that if this growth is unchecked, as hearing dockets become more and more clogged, wait times will grow” (USA Today, June 23, 2011).

If there is an increase in wait, the extra time can, and will be, used to your benefit. Sometimes when cases progress quickly, there isn’t enough time to gather as much support as we would like. With any extra time, we will use it to your advantage, spending the extra days following up with doctors and medical centers to make sure we have all past medical records and current support we can get; in the end, it will help us to establish the strongest case we can on your behalf.

While the continued increase may seem daunting, as extended wait time is the opposite of what anyone is hoping for, there is a light at the end of the tunnel. Commissioner Astrue has indicated that there are measures in currently in place to speed up the decision making process. And, for those applying for benefits, the bottom line is quicker decisions—and hopefully a quicker route to much needed benefits.

The bottom line for us is to keep you informed; it helps us as we continue to do things Better and Nicer. If you are a client and have any questions or concerns about your case, or its status, feel free to contact us. We would be more than happy to let you know how it’s progressing with the Social Security Administration, and give you an update on the status of your case in our office.

Social Security Disability Fraud Resulted in Prison for a Former Missouri Police Chief

Less than a year ago, a former police chief was sentenced to federal prison…for Social Security Disability fraud. Vernis Farmer, a 52 year old police chief from Hayti Heights, Missouri, was sentenced to 21 months in prison on just one felony count of making a false statement to obtain Social Security Disability benefits and two felony counts of concealing information from the Social Security Administration.

An article from the Southeast Missourian dated September 1, 2010, discusses Mr. Farmer’s case in detail. They reported the following: “On March 13, 2007, Farmer reported to the Kennett Social Security Office that he was working 20 hours per week and earning only $800 per month, as the police chief for Hayti Heights, between November 2006 and February 2007. The amount of money he reported was important, because the Social Security Disability work rules allowed beneficiaries to earn up to $860 per month in the year 2006 and $900 per month in the year 2007, without having their benefits suspended. Bank records showed that Farmer was receiving $1,920 per month for full-time work as the police chief.

Since Farmer reported his earnings were below the maximum amount, the Social Security Administration continued to pay his disability benefits. In addition, to the nearly two-year term of imprisonment that was ordered, Farmer was ordered to repay $43,374.50. That figure represents the disability benefits Farmer fraudulently received in conjunction with the current criminal case. The District Court found that since 2001, Farmer fraudulently caused the Social Security Administration to make more than $66,000 in disability benefits that should not have been awarded.”

As uncommon as we would like this type of story to be, it isn’t. In fact, it’s one of the main reasons the Social Security Administration is so strict when it comes to deciding cases, and why the process can often take such a long time. There are a high number of applicants applying for Social Security Disability and Supplemental Security Income benefits, and the Social Security Administration must take their time determining which applicants are being truthful and which ones are not.

We don’t want our clients to end up in Mr. Farmer’s shoes. Rather, we emphasize the importance of being honest and upfront when filing a claim for Social Security Disability benefits, and encourage the same honesty when they appear before an Administrative Law Judge.