Legal News

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. Investigation Into Closing Of Milwaukee Field Office The Milwaukee Social Security field office, located on Mitchell Street, is scheduled to be closed March 22. According to an article in the Milwaukee Journal Sentinel, the decision to close the office is due to heating problems, elevator breakdowns and increased violent crime in the area, said Phyllis Smith, Social Security’s regional commissioner for the area. The Office of Inspector General (OIG) decided to investigate whether Social Security followed agency policies when they announced the closing earlier this year, after a request from U.S. Rep. Gwen Moore (D-Wis.) to look into the matter. The investigation will also analyze the agency’s reasons for deciding to close the office. Social Security has received backlash for the decision to close the office and Milwaukee Mayor Tom Barrett even offered Social Security a relocation site in the city, at a former library. Barrett said the closure is going to create hardships for some people who need a Social Security office close by to access services. “What it comes down to is having our federal government serve our residents,” Barrett said in previous article posted by the Milwaukee Journal Sentinel. “We shouldn’t be creating barriers that make it difficult many times for our elderly, for our disabled people, those who need the help of the Social Security Administration. The OIG has not provided a time table for the review, or indicated whether the review would impact Social Security’s plans on closing the office March 22. Keeping Your Social Security Information Safe A Cleveland Plain Dealer reader recently contacted the paper about being the victim of stolen Social Security information. The reader wrote a letter to the paper to help inform other people that their Social Security information may not be secure. This reader received a letter from Social Security informing that someone opened an online Social Security account and that the agency also received a change of address notification. The reader, realizing they had never opened an online account or requested a change of address, visited Social Security and wisely did not ignore the letters. Social Security recommends that everyone setup their own online account, which can be done at www.ssa.gov. By doing so, this will prevent someone else from opening an account in your name, and even if you do open an account, it does not require you to use it. “Having an account and adding extra layers of security available give people multiple layers of security, said Doug Nguyen, a regional spokesperson for the Social Security Administration.

Job satisfaction is something every working person strives for. No one wants to work at a job they hate going to every morning, they want just the opposite, they want to like their job and feel they are important pieces to an overall successful enterprise. Federal employees are no different. Job satisfaction is something we rarely get to gauge in the private sector, but the public sector is a different story. Employees of federal agencies were asked to rank their place of employment to determine how satisfied they were in their job. Of 18 federal agencies, Social Security placed 12th. Employees were asked three questions: Would they recommend their organization as a good place to work? How satisfied are they in their job? How satisfied are they with their agency? Unfortunately 12th place, out of 18 agencies, is not exactly a ringing endorsement, but there are contributing factor as to why some Social Security employees may feel the way they do. Social Security is an extremely busy place to work. There are different types of offices, including hearings offices and field offices, but regardless of which type of office an employee works at, the workload is heavy. Social Security employees deal with the public constantly, either in-person or on the phone. Because Social Security provides benefits to millions of Americans, some of these people are not happy with the agency, especially if they do not receive the benefits they are entitled to. Additionally, as we have indicated in previous posts, the agency is drastically understaffed and has been for the better part of the last decade. Even so, 63 percent of Social Security employees would still recommend their organizations as a good place to work and said that they are satisfied with their job and their agency.

We are early into 2018 and the beginning of a new year, through mid-April, always means one thing – tax time. By early February many Americans are gathering their tax documents from the previous year, and those who received Social Security benefits in 2017, should be on the lookout for form SSA-1099. This form shows the total amount of benefits someone receives from Social Security the previous year, and provides the beneficiary the knowledge of how much Social Security income to report to the IRS on their tax return. Non citizens, who live abroad, who either received or repaid Social Security benefits the previous year, will not receive a 1099, but rather form SSA-1042S. Considering we are nearing the end of February, everyone who is supposed to receive a 1099 or 1042S, should have already received them. If you need a replacement tax form you can open a free my Social Security account here. You may also obtain a copy of a tax document by visiting your local Social Security office, you can locate your local Social Security office here, or you may contact Social Security’s national toll-free number at 1-800-772-1213. A Record Of Your Earnings Social Security keeps track of everyone’s earnings. Your employer reports these earnings to Social Security and the Social Security taxes you pay are dependent upon these earnings. Additionally, your earnings, how much and the duration of those earnings, determine what your monthly Social Security benefit would be if you retire or become disabled. Once again, opening a free my Social Security account is the easiest way to get an estimate of your future Social Security benefits, but Social Security also sends out paper statements to people who don’t have a my Social Security account. If you contact Social Security and request a paper statement, be prepared to wait between four to six weeks for it to arrive.  

A new bill that impacts Social Security benefits could be out soon. The bill, which is primarily coming from Sen. Marco Rubio (R-Florida), focuses on family leave for new parents. The basics of the bill allow new parents to take extended leave from work without being a burden to their employer by allowing them to access an early weekly benefit from Social Security. This amount would be based on their earning history, but there is a catch to this program. Those parents who decide to take leave and then access Social Security benefits, would have to wait longer to collect retirement benefits when they reach old age. There are many critics of the proposal, mainly because Social Security is already facing a funding shortage and soon will be paying out more money than it receives. If this proposal were to pass Congress, it would only increase the deficits for Social Security and deplete funds faster. The bill has not even been completely drafted, so it is unclear how far this proposal will go. Signing Up For Medicare We get questions all the time about Medicare because Social Security disability claimants who are found to be disabled, and who qualify for Social Security Disability Insurance (SSDI) benefits qualify for Medicare. This program is something disabled people and seniors can start when they become eligible. Each year people can signup for Medicare Parts A and B from January 1 to March 31. Coverage then goes into effect July 1. Beginning April 2018, Medicare will mail new cards to help protect beneficiaries from identity theft. One major change is that Medicare and Medicaid is removing Social Security numbers from all Medicare cards, to reduce the threat of identity fraud. Replacement Cards and Real ID It has been 13 years since Congress passed the Real ID Act in 2005. This law, which was recommended by the 9/11 Commission, established enhanced security standards for state-issued driver’s licenses and identification cards. So far, nearly half of the states have complied with the new law and those that have yet to do so only have until 2020 to comply. This may sound like it has nothing to do with Social Security, but it does. Some states may require a Social Security card or an alternate method of Social Security number verification to get a driver’s license. If you need to get a replacement Social Security card, you can start the process on line by creating a my Social Security account. Another Incident At A Social Security Office A 63-year-old man was indicted by a grand jury after allegedly assaulting an employee at a Social Security Office In Greenville, South Carolina. According the indictment, the employee, who is on a contract with the Department of Homeland Security, and was working as a guard at the office at the time, was struck with “both open and closed hands,” by the man charged, Kenneth David Sipple. If Sipple is convicted he could face up to 20 years in prison and a fine of $250,000. Certainly there is no excuse for Sipple’s actions, but it should be known that Social Security offices are very crowded and usually filled with people trying to access benefits. Sometimes people who are applying for Social Security disability benefits suffer from mental health disabilities. This is not the first time a Social Security employee has been assaulted, and it probably won’t be the last.  

President Donald Trump’s Fiscal Year 2019 budget proposal for the Social Security Administration was recently released and there was nothing surprising about it. Fiscal Year 2019 (FY 2019), which begins Oct. 1, 2018, looks very much like the FY 2018 budget. The FY 2019 proposal is flat, meaning it does not increase spending for operating costs. Considering inflation increases, a flat budget proposal would not keep up with increased staffing costs, which could result in less Social Security employees. In fact, one estimate shows a decrease of 1.2 percent of the Social Security staff. Here is a brief description of what the president’s Social Security budget entails. “The FY 2019 President’s Budget of $12.393 billion focuses on implementing organizational reforms that make us more efficient and effective; investing in modern technology and business processes that will help us serve the public better at a lower cost; and addressing our key backlogs. In addition, we will continue safeguarding taxpayer dollars by investing in efforts to reduce improper payments and combat fraud.” Earlier this month, after facing the possibility of another government shutdown, Trump signed a budget deal passed by Congress. This budget deal thankfully supersedes Trump’s own budget and actually will increase spending for civilian agencies. Every president releases a budget proposal, but nearly every budget proposal is ignored because it does not resemble the actual budget that is passed. Unfortunately, Trump’s FY 2019 budget is an indication that his director of the Office of Management and Budget, Mick Mulvaney, is in favor of slashing the budgets of many government agencies, which includes Social Security. As long as Mulvaney is around, expect to see every Trump budget proposal in the future to include less funding for many government agencies, including Social Security, so that threat will remain.

There are all sorts of rules related to work activity when it comes to a Social Security disability case. The key factors of a work situation that many people do not realize relate to amount of income and sustainability of a fulltime job. Even people who are impaired can work somewhat, but their impairments usually don’t allow them to maintain fulltime work and sustain that work. The amount of income someone earns from work-related activities is another important factor, regardless of how many hour someone works. One of Social Security’s most important rules is the Trial Work Period. Below is information from Social Security and it is pretty much everything you need to know about the Trial Work rules. What Is The Purpose Of The Trial Work Period? A trial work period provides an incentive for personal rehabilitation efforts for you as a disabled worker, disabled widow(er), or childhood disability beneficiary (who is still disabled) to return to work. It allows you to test your ability to work for up to nine months within a 60-consecutive-month period without your earnings for those months affecting your benefits. Does The Trial Work Period Affect Benefit Rights? If your disability does not improve and you continue to report your work activity, your rights to trial work period benefits are not affected. Does The Work You Do During The Trial Work Period Determine The End Of Your Disability? Any work and earnings during the nine-month trial work period is disregarded in determining whether your disability ended during the trial work period. Can Your Benefits End Before The Trial Work Period Ends? The trial work period does not prevent the consideration of any medical evidence that demonstrates your recovery before the ninth-month period. If your condition has improved, it is possible for your benefits to end before you complete your ninth month of trial work. How Many Trial Work Periods Are Allowed? Only one trial work period is allowed in any one period of disability. When Is Your Work During The Trial Work Period Not Counted As A Month Of Service? For calendar year 2018, use the following guidelines to determine if your work during a trial work period does not count as a “month of service” for trial work period purposes: Your earnings from employment are $850 or less in a month; or Your earnings from self-employment activity are $850 or less in a month and you spend 80 hours or less in self-employment activity. The dollar amount is adjusted each year based on the national average wage. When Are Benefits In The Trial Work Period Not Payable? If you are convicted by a Federal Court of fraudulently concealing work activity that occurred during the TWP, you are not eligible to receive payment for any TWP months that occur in or after March 2004 and before the date of the conviction. If payments for those TWP months have already been paid to you, you will be liable for repayment.  

Some Americans do not spend their entire professional careers working in America. Some actually work in other countries that have similar types of Social Security programs to cover them should they retire or become disabled. When an American worker is actually covered by Social Security and another country’s similar type of program it falls under Totalization Agreements. What Are Totalization Agreements? The Social Security Act allows the President to enter into international agreements to coordinate the U.S. Social Security Act’s title II (old age, survivors and disability) insurance programs with the social security programs of other countries. These agreements are known as Totalization agreements. With What Countries Does The U.S. Have Totalization Agreements? The United States currently has social security agreements in effect with 24 countries – Australia (2002), Austria (1991), Belgium (1984), Canada (1984), Chile (2001), Czech Republic (2009), Denmark (2008), Finland (1992), France (1988), Germany (1979), Greece (1994), Ireland (1993), Italy (1978), Japan (2005), Luxembourg (1993), the Netherlands (1990), Norway (1984), Poland (2009), Portugal (1989), South Korea (2001), Spain (1988), Sweden (1987), Switzerland (1980), and the United Kingdom (1985). What Are The Purposes Of Totalization Agreements? Totalization agreements have three main purposes: To eliminate dual social security coverage and taxation. This situation occurs when a person from one country works in the other country and is required to pay social security taxes to both countries for the same work; To avoid situations in which workers lose benefit rights because they have divided their careers between two countries. Under an agreement, such workers may qualify for partial U.S. or foreign benefits based on combined work credits from both countries. To increase benefit portability by guaranteeing that neither country will impose restrictions on benefit payments based solely on residence or presence in the other country.

In an article released in its April 2014 newsletter, the Social Security Administration (SSA) highlights the variety of ways it provides its services in order to accommodate people with disabilities. The SSA’s goal is to provide good customer service and to make sure that all people are able to access its programs and services. All of the SSA’s publications can be found in PDF format on their website. Audio recordings of the publications can also be found on the SSA’s website.  Other formats of its publications and notices can be requested; examples include Braille, audio cassette tape, audio CD, or enlarged print. These requests can be made online or by calling the SSA at 1-800-772-1213. The newsletter states that this is in compliance with Section 504 of the Rehabilitation Act of 1973. This act was designed to prohibit federal agencies and programs that receive federal funding from discriminating against individuals with disabilities. To view the full text of the article and other articles featured in the SSA’s April 2014 newsletter click here.