Author name: patrick@greemantoomey.com

Each year thousands of Social Security disability beneficiaries receive a notice that their benefits will stop because there are no longer disabled. This is known as a cessation notice. This notice is never a pleasant one to receive, but understand that if you do receive a cessation notice there are important actions to take. Social Security does not define disabilities as permanently disabling and after a few years Social Security is likely to review all the evidence available to determine if the claimant is still disabled and entitled to benefits. If Social Security makes a decision that the claimant has improved medically enough to no longer meet the agency’s disability eligibility the claimant will receive a cessation notice indicating benefits will stop because the agency has determined their disability has ended. At this point the claimant has the option to appeal this decision and can elect to continue to collect benefits during the decision process on the appeal, but if the claimant is not found disabled after the appeal process plays out Social Security can ask for all or a portion of the money received during the appeal process to be returned. Below is an explanation about how the cessation process works and identified by the Social Security Administration. • Medical Disability Cessation You may write to us or complete a Form SSA-789-U4 (Request for Reconsideration Disability Cessation). You or your representative must ask in writing for reconsideration within 60 days of the date you receive the written notice of the initial determination. We consider that you receive a notice five days after the date on the notice unless you show us evidence it was received after the five days. Payment Continuation for non-medical initial determination and medical disability cessation determination: • Non-Medical Initial Determination If you ask for reconsideration in writing within 10 days of the date you receive the notice, any payment we are currently making will continue until we make our reconsideration determination if you continue to meet all other SSI eligibility requirements. If you ask for a reconsideration more than 10 days after the date you receive the notice, but within 60 days of the date you receive the notice, your payment may decrease temporarily. However, we will restart any payment we are currently making once we receive and enter your reconsideration. You will continue to receive that payment until we make our reconsideration determination if you continue to meet all other SSI eligibility requirements. If you do not want to continue to receive payments, you can ask us not to continue payments by completing Form SSA-263 (Waiver of Supplemental Security Income Payment Continuation).

Supplemental Security Income (SSI) is a need-based program for low-income individuals who have been found disabled, or the elderly, who meet strict income and asset guidelines, but other types of financial support, including housing and food, can reduce an SSI beneficiary’s benefits as well. Social Security classifies this type of support as “in-kind” support and is required under the agency’s rules to consider in-kind support as income that can lower monthly benefit amounts. Below is a description of in-kind support as identified by Social Security. In-kind support and maintenance is food, shelter, or both that somebody else provides for you. We count in-kind support and maintenance as income when we figure the amount of your SSI benefits. For example, if someone helps pay for your rent, mortgage, food, or utilities, we reduce the amount of your SSI benefits. The maximum SSI monthly benefit for 2022 is $841, an extremely modest amount so any type of reduction in benefits can cause extreme financial distress for SSI beneficiaries, but the agency may no longer consider food support as in-kind support, which could be a positive development for SSI beneficiaries who have seen their benefit amounts reduced. In February 2022 Social Security requested approval from the Office of Information at Regulatory Affairs at the Office of Management and Budget remove food as a classification of in-kind support for SSI beneficiaries. Unfortunately, no action has yet to be taken on the proposal. Below is copy of the proposal sent in for review. We propose to change the definition of In-Kind Support and Maintenance (ISM) to no longer consider food expenses as a source of ISM. Instead, ISM would only be derived from shelter expenses (i.e. costs associated with room, rent, mortgage payments, real property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services). The present definition of ISM is used across several regulations and this regulatory change would necessitate minor changes to other related regulations.

Nothing about the Social Security disability process is easy, but the most difficult part of the process remains obtaining a medial approval from Social Security on your claim. Over the last 20-plus years approval percentages on disability claims have dropped, but even so, it’s not impossible to obtain a medical approval. Social Security has made it increasingly more difficult to medically qualify for benefits comparted to a decade ago or longer. Social Security tracks approval percentages on disability claims going back decades and the numbers don’t lie. In 1999 according to Social Security‘s own internal numbers, the approval percentage on disability claims in 1999 was  56 percent. That number dropped below 30 percent to 29.2 percent just 20 years later. There are many factors that can influence a reduction in approval percentages, but there is no doubt that Social Security’s rules changes related to disability claims have played a significant part in the overall lower approvals. If you are interested in learning more about applying for Social Security disability and would like a free consultation please  contact Greeman Toomey at 612-332-3252.  

Personal Information & Family Details The initial section of the SSDI application will request general information about you, your spouse, any past spouses, and any unmarried children under 18 (or between 18-19 if they attend high school full-time). These are the essential documents that you’ll need: A certified copy of your original birth certificate. A certificate of citizenship or permanent resident card is required if you were born outside of the United States. Your marriage license or certificate The Social Security Card The Social Security numbers, birthdates of any qualifying dependents, and their living arrangements. To enroll in direct deposit, you must provide your banking information (i.e., your bank account number and routing number). Education, Work History, & Military Service Basic information about your education and detailed recent employment history will be required. The following documents and information will also be needed: The name of the high school and its location, along with your highest level of education and when you finished school Please list any vocational training or trade schools you have attended, including the completion date and city/state location. To sign up for our services, please provide us with either copy of your W2 forms or self-employment tax returns from the last year. Current and past two years’ worth of employer information or self-employment information (sometimes, this can be found on old pay stubs). The date on which your medical condition(s) began to impede your ability to work. If you became disabled 15 years ago or less, list the types of jobs held in those intervening years. Jobs you’ve held, what were the kinds of tasks you were typically assigned? If you served in the military before 1968, your discharge papers should include your branch, sort of duty, and service period dates. Workers’ Compensation In addition to other documents, if you are applying for Social Security disability and have received workers’ compensation due to a debilitating injury or illness, you will need: Your award letter and claim number Your settlement agreement Pay stubs Other documentation that verifies you have received temporary or permanent workers’ compensation benefits. Medical Records & Documentation One of the essential papers for obtaining Social Security disability is proof of a debilitating medical condition. One of the most common reasons for SSDI claim rejections is inadequate documentation of an injury or illness. A disabilities benefits lawyer can assist you in locating this vital evidence if you do not have access to or do not know how to request your medical records or other corroborative documents. Consider contacting Greeman Toomey  if you want assistance with applying for Social Security programs. Call us at (877) 332-3252.

After more than a two-year wait Social Security customers are able to visit a Social Security field office in person, but considering Social Security offices were closed for two years due to COVID-19 it should not have been unexpected to see long lines forming outside Social Security offices when customers are starving for service, but when customers are forced to wait outside in summer sweltering conditions it creates another problem for the agency. Now the U.S. House Ways and Means Committee is getting involved and wants answers from Social Security on way the agency plans to improve the long wait lines and conditions. In a letter dated August 16, 2022, Ways and Means Chairman Richard Neal and Ranking Member Kevin Brady have asked Social Security Acting Commissioner Kilolo Kijakazi to address the committee’s concerns regarding waiting conditions at Social Security offices. Below are the specific concerns the letter asked the acting commissioner to address. We strongly urge SSA to take additional action to address the safety needs of individuals who are seeking field office services. We respectfully request your response to the following by no later than August 30, 2022: 1) What steps is SSA taking to address the immediate safety needs of individuals who are waiting in dangerous environmental conditions? Specifically: a) What steps is SSA taking to reduce the wait times for individuals who are seeking in-person service? b) What steps is SSA taking to ensure that individuals are not waiting outside without shelter in extreme weather? 2) What guidance should we provide to our constituents who are having trouble accessing SSA’s services? 3) How many and what offices have had members of the public waiting outside for more than one hour at a heat index at or above 90 degrees since reopening to the general public (April 2022)? 4) Please provide SSA’s current field office COVID-19 safety policy and protocols.

Affordable internet service is a necessity these days, but many times we forget that some struggle to afford internet service and others can’t afford it at all, this includes Supplemental Security Income (SSI) beneficiaries. Social Security provides monthly SSI benefits to low-income seniors and beneficiaries who have been found disabled by the Social Security, but the modest benefits only provide for some of life’s essentials and many times SSI recipients struggle provide for their household, but the government is promoting the Affordable Connectivity Program, which is overseen by the Federal Communications Commission (FCC) as a way SSI recipients can access affordable internet service. The maximum monthly benefit SSI beneficiaries can receive is just $841 a month in 2022. Below is more information about the program. The Affordable Connectivity Program (ACP) is a U.S. government program run by the Federal Communications Commission (FCC) program to help low-income households pay for internet service and connected devices like a laptop or tablet. You are likely eligible if your household’s income is below 200% of the Federal Poverty Line, or if you or someone you live with currently receives a government benefit like SNAP, Medicaid, SSI, WIC, Pell Grant, or Free and Reduced-Price Lunch. If your household is eligible, you could receive: • Up to a $30/month discount on your internet service • Up to a $75/month discount if your household is on qualifying Tribal lands • A one-time discount of up to $100 for a laptop, tablet, or desktop computer (with a co-payment of more than $10 but less than $50) • A low cost service plan that may be fully covered through the ACP* * Through a separate non-FCC initiative, additional no cost plans may be available to Affordable Connectivity Program enrollees. To learn more please visit GetInternet.gov. Provision of a link to this initiative does not imply FCC endorsement of any particular participating provider. Only one monthly service discount and one device discount is allowed per household. To receive the connected device discount, consumers need to enroll in the ACP with a participating provider that offers connected devices (Note: not all internet company offer device discounts.) The internet company will provide the discount to the consumer.

The Social Security Administration recently announced it would be providing new opportunities to beneficiaries to conduct online business if they receive Social Security benefits or Supplemental Security Income (SSI) benefits. The agency has redesigned my Social Security accounts to allow customers to conduct business more easily online. Some of the enhanced features allow customers to update their telephone numbers, their addresses and direct payment information if they receive benefits. Below is a description from Social Security about the enhanced ability to conduct business. While signed into their personal my Social Security account, your clients can continue to: • Get their Benefit Verification or proof of income letter. • Obtain replacement SSA-1099/SSA-1042S tax forms, if applicable. • View their Social Security Statement. • Request a replacement Social Security card. Your clients can access their redesigned my Social Security account at www.ssa.gov/myaccount. More options to conduct business with Social Security is always well received news, but considering all the possibilities Social Security has to even offer more online options to conduct business it is still behind the times when it comes to online services. The agency should be looking to offer more online options so customers can check earnings history, file for retirement benefits and even file an application for SSI, all services that are currently not available to conduct online. At least this is a step in the right direction and hopefully a sign of more online services being offered by Social Security in the near future.

Each year Social Security beneficiaries brace for the announcement of the cost-of-living adjustment (COLA) to see how much their benefits will increase the following year. In 2023 beneficiaries might see their largest increase in benefits in over a decade based on current formulas. Social Security’s COLA will be implemented in January of 2023 and the exact amount of the increase will be decided later this year, but it is clear that inflation is the catalyst for a large increase in benefits for 2023. The COLA is for all types of Social Security benefits including retirement and disability. An article from Forbes estimated that the COLA increase for Social Security beneficiaries could be anywhere from 8.6 percent to 10.5 percent based on the COLA formula used. The Consumer Price Index is used to determine the COLA formula for Social Security and the CPI showed prices of goods rising by more than 9 percent over the last 12 months. Below is a description of the CPI from the Bureau of Labor Statistics through the Department of Labor and shows just how much the CPI has risen over the last year due to inflation. The all items index increased 9.1 percent for the 12 months ending June, the largest 12-month increase since the period ending November 1981. The all items less food and energy index rose 5.9 percent over the last 12 months. The energy index rose 41.6 percent over the last year, the largest 12-month increase since the period ending April 1980. The food index increased 10.4 percent for the 12-months ending June, the largest 12-month increase since the period ending February 1981. If the increase in benefits comes in at the high range of 10.5 percent it would mean an extra $175 per month for the average Social Security recipient, but inflation as we are taught is not necessarily a good thing. Although beneficiaries will see a significant increase in benefits you have to remember that costs of goods and services is also high and the question is will the increase in benefits keep up with the rate of inflation?

Applying for Social Security disability is likely something that few people think about until they are diagnosed with medical impairments that prevent them from working fulltime, but if that time comes it is necessary to understand how work income can impact a claim. This is not just a topic that claimants who are going through the disability process should be aware of, but also those beneficiaries who are already receive disability benefits. Earning too much money from work income may allow Social Security to reduce benefit amounts or even eliminate payments all together. SGA Income Limits You can still work while being on Social Security Disability Insurance (SSDI), but there are rules on how much you can earn. You are defined as engaging in substantial gainful activity (SGA) if you earn more than $1,350 per month before taxes while on SSDI, or more than $2,260 before taxes if you are statutorily blind. This limit is applied on a per-month basis, meaning that if a claimant or beneficiary earns gross work income more than this amount during a given month, you may not be entitled to your SSDI benefit for that month. Understanding how work impacts your disability claim can mean the difference between ongoing benefits and benefits being cutoff and the threat of an overpayment that needs to be returned to Social Security. There is an exception to this, which is the trial work period. During a trial work period you can test your ability to work for nine months in a 60-month period. A trial month can be established for any month in which a beneficiary earns more than $970. During those trial months you can earn more than SGA without impacting your benefit payouts. To learn more about how work income can impact your Social Security disability benefits or how it can impact a claim for benefits please contact Greeman Toomey PLLC at (612) 332-3252 or toll-free at (877) 332-3252, or visit our website to request a consultation.

Most people can tell you that Social Security provides retirement and disability benefits, but they also lack specific insight into how the programs operate. In a recent survey conducted by the Nationwide Retirement Institute less than 20 percent of people could identify the age in which they would be eligible for full Social Security retirement benefits and over half of the respondents could not identify what percentage of their income would be replaced by Social Security benefits when they retire. Below are some key points in the survey, which shows just how much people don’t know about Social Security and its programs. Possibly the most eye-opening response to the survey showed that just 16 percent correctly identified the age in which they would be eligible for full Social Security retirement benefits. Decades ago it was determined, by Congress, that Social Security would incrementally increase the full retirement age from 65 to eventually 67. The full retirement age for everyone born in 1960 and after is now 67. Another 45 percent of people surveyed believed that Social Security benefits would automatically increase to full retirement benefits even if a person decided to collect benefits early, beginning at age 62, but that is not the case and people should be aware of it. When a person decides to collect Social Security benefits, as early as age 62, they pay a penalty and only receive about 80 percent of what their full retirement amount would be. This penalty does not go away when the person reaches full retirement age and a person who collected early will still see a reduction in benefits even when they reach full retirement age and beyond. Identifying what percentage of work income would be replaced by Social Security benefits is something everyone should be aware of, but the survey found that 54 percent of respondents were unaware of what percentage of their income would be replaced by Social Security benefits. Social Security benefit amounts are based on lifetime earnings so it is difficult to be precise on what portion of income Social Security benefits would replace, but as the survey pointed out, middle-income individuals would replace about 40 percent of their income with Social Security benefits. Most types of income are taxable and this includes Social Security benefits, but the survey found that 55 percent of survey participants were unaware that Social Security benefits are taxable. It is true that for low-income taxpayers benefits are tax free, but for most people up to 50 percent of Social Security benefits are taxable. The survey was quite revealing to show that most people know few specifics about Social Security’s programs, which could be problematic as these people approach retirement age. Everyone should know more than what they do when it comes to Social Security benefits and their personal retirement situation.