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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. Unions Warn Of Customer Service Deteriorations If Changes Not Made At Social Security Customer service, or lack thereof, has been a topic of conversation relegated to Social Security for a long time, but Social Security employee unions are sounding alarm bells that Social Security’s customer service issues could even get worse unless significant changes are made by the agency. The Government Executive issued a story indicating that officials from the American Federation of Government Employees are warning of a deterioration of customer service at Social Security if staffing issues are not addressed, which would include workforce policy changes and budget increases for Social Security. According to the story, staffing levels at Social Security are at quarter century low while the number of Social Security beneficiaries is expected to increase by 25 percent in 2023. Since the COVID-19 pandemic caused increased disruption to customer service in March of 2020, the agency has yet to recover, like many other federal agencies. The Democratic and Republican Party continue to disagree what the cause of the customer service problem is. “Social Security is one of several public-facing agencies that have been at the heart of a political firestorm over governmental customer service in the wake of the COVID-19 pandemic. Republicans have blamed backlogs in service delivery on telework, while Democrats have pointed to chronic underinvestment in the federal bureaucracy, both technologically and in workforce headcounts,” the story said. Many Disabled Americans Not Receiving Disability Benefits A New York television station recently reported that as many as 1 million Americans with a disability are not receiving the Social Security disability benefits. An assistant professor at Stony Brook University School of Social Welfare analyzed data on people ages 50 to 64, who already have work limitations, and found that just 47 percent of these people were not collecting either Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits to which they may be entitled.

The Social Security Advisory Board recently issued a lengthy report on Social Security’s relationship with state operated Disability Determination Services, agencies that are in charge of making medical decisions on Social Security disability claims at lower levels of the process. The report shows that DDS is struggling to keep up with the backlog of claims, which extends wait times. The report indicates that over the years there has been friction between Social Security and DDS agencies, which is also not helping productivity. “Key performance metrics indicate that DDSs are struggling to keep up in the current environment. The Board is encouraged by Congressional interest in these challenges. Still, the Board believes long-standing frictions between SSA, state governments, and the DDSs call for ongoing review of how SSA and the DDSs work together and how the agency incorporates DDS needs into its overall strategic, performance, workforce, and contingency plans,” the report said. A good working relationship between DDS and Social Security is necessary so the two agencies can coordinate all the disability claims filed and issue proper decisions within a timely manner. For quite some time now DDS, like Social Security, has been underfunded and understaffed making the processing of disability claims in a timely manner difficult. This work shows what the two agencies need to work on to improve the process. The Social Security Advisory Board is a four-person entity that makes recommendations to Social Security. If you are interested in reading the full report issued by the Social Security Advisory Board click here.

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. The Fight Over Funding Now that we have one party in control of the U.S. House of Representatives (Republicans) and one party in control of the U.S. Senate (Democrats) funding for government agencies is expected to be contentious in developing a budget for the next fiscal year. Below we take a look at President Joe Biden’s proposed budget and how it would impact Social Security funding. • Office of Inspector General would get only about a 5% increase in its operating budget. The rest of Social Security would get about 10%. • “The Budget includes an increase of $60 million for teleservice centers to reduce wait times by over 40 percent and substantially reduce busy rates from 15 percent to 3 percent.” • “Addressing Processing Center Backlogs. The Budget includes an increase of over $75 million for PCs to handle more work.” • “To address the large backlog of initial disability claims and the additional claims we expect to receive in FY 2024, the Budget expands processing capacity by increasing staffing at the DDS offices. As a result, we expect the DDSs to process over 400,000 more initial disability claims and over 200,000 more reconsiderations than in FY 2023.” Republicans in the House have proposed their own appropriations for the next fiscal years. This proposal is not what Social Security was looking for as it would reduce the funding level back to fiscal year 2022 number. If enacted Social Security says the agency would have to close fields offices and institute a hiring freeze. Below are the measures Social Security says it would need to take if the Republican proposal was passed. • Close field offices and shorten hours we are open to the public, cutting off vital access to face-to-face service delivery. • Increase the amount of time individuals wait for a decision on their initial disability claim, leading to an average wait time of 9 months, or up to 30 percent longer than today. • Implement a hiring freeze for the agency and the DDS, which means a reduction of over 5,000 employees who are essential to processing retirement claims, making disability decisions, answering the National 800 Number, and issuing new and replacement Social Security cards. • Furlough staff for over 4 weeks and lay off approximately 6,000 employees—producing even longer wait times than customers experience today on our National 800 Number and in our field offices, causing delays to decisions on retirement claims and delays in processing Social Security cards and verification of Social Security Numbers for individuals seeking employment. • Eliminate overtime pay, reducing our ability to keep pace with claims and other service requests.

Once an application for Social Security disability benefits is filed a claimant can expect to received correspondence from Social Security regarding the claim. This paperwork is important to keep the claim on track. Failing to respond to Social Security’s request for action can result in denied claim. Below we will explain the type of paperwork a claimant can expect to receive in the mail and the requirements in completing requested action by Social Security. Work History Report This report is something Social Security will send to a claimant to get a better idea of the claimant’s past work. The information Social Security will ask for will help the agency understand how illnesses, injuries and conditions impact a claimant’s ability to do qualified work. The claimant is asked to provide past jobs from the previous 15 years. Function Report The Function report Social Security will ask claimants to complete will ask the claimants questions about their daily functioning. This includes all aspects of life. The claimant’s ability to perform housework and chores and what a typical day is like for the person applying for disability benefits. This is from the claimant’s perspective. It is important the claimant answers all questions to the best of their ability. Like with the Work History Report, failure to provide this information can result in a denied claim. Specialty Questionnaires Most disability claimants will be required to complete both a Work History Report and a Function Report, but additional information may be needed depending on the claimant’s impairments. As an example, Social Security might send a claimant a seizure questionnaire to complete if one of their impairments include seizures. The same can be said about claimants who suffer from migraines. These specialty questionnaires will ask questions about frequency and severity of the different types of impairments claimants suffer from. If you have an attorney or representative assisting with a Social Security disability case they can advise on the particulars of the types of questionnaires that will be required to be completed.

Most people think of retirement benefits when Social Security is discussed, but there are other types of Social Security benefits for people who are unable to work due to disability, survivor’s benefits, and Supplemental Security Income (SSI) benefits. Below we look at the different types of benefits that are available through the Social Security Administration. • Retirement benefits: These benefits are paid to individuals who have reached full retirement age (currently 67 years old for those born in 1960 or later) and have worked for a certain number of years. The amount of retirement benefits is based on the individual’s earnings history and the age at which they begin receiving benefits. • Disability benefits: These benefits are paid to individuals who are unable to work due to a physical or mental disability that is expected to last at least one year or result in death. The amount of disability benefits is based on the individual’s earnings history and the severity of their disability. • Survivor benefits: These benefits are paid to the surviving spouse and/or children of a deceased worker who had paid into the Social Security system. The amount of survivor benefits is based on the deceased worker’s earnings history. • Supplemental Security Income (SSI): This is a needs-based program that provides financial assistance to low-income individuals who are aged, blind, or disabled. The amount of SSI benefits is based on the individual’s income and resources. If you are interested in learning more about the different types of Social Security benefits you may be eligible for if you are unable to maintain gainful employment due to physical or mental health impairments and would like a free consultation contact Greeman Toomey PLLC at 612-332-3252.

Social Security disability is based on a claimant’s ability to work. If a claimant has significant physical or mental health impairments it may prevent them from working, but at other times a claimant may find they are able to work, but not at a fulltime level and could still be eligible for disability benefits. When a beneficiary is receiving disability benefits and working it could trigger a trial work period. Below is a description of what the trial work period is and how it works. Earnings trigger a trial work period During a trial work period, a beneficiary receiving Social Security disability benefits based on his or her own earnings history may test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until work is performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period. In 2022, any month in which earnings exceed $970 is considered a month of services for an individual’s trial work period. In 2023, this monthly amount increases to $1,050. The trial work period does not apply to SSI benefits. Method used to determine earnings that trigger a trial work period Monthly earnings in 2023, used to determine whether a month is part of a trial work period, is such amount for 2001 multiplied by the ratio of the national average wage index for 2021 to that for 1999, or, if larger, such amount for 2022 ($970). If the amount so calculated is not a multiple of $10, we round it to the nearest multiple of $10. Below are details on how we determined the latest amount.

In 1983 Congress passed, and then President Ronald Reagan signed a law that increased the full retirement age for Social Security benefits gradually over time from 65 to 67 by the end of 2022. Now that we are past 2022 and the retirement age is now set at 67. A recent article from the People’s Policy Project examines the common belief that back in 1983 as the retirement age increased for Social Security beneficiaries over time so too would like life expectancy, but that did not occur and life expectancy dropped slightly over time. “In the lead up to the passage of the legislation, a popular argument for raising the retirement age was that life expectancy had increased, so people should work for longer. The presumption was that the increase in life expectancy since Social Security’s implementation would continue as the retirement age rose. But something peculiar happened,” the article stated. In 2000 the life expectancy in the United States was 76.8 years old. A little more than 20 years later the life expectancy in the United States dropped by more than two years to 76.4 in 2021. And it marked the second consecutive year life expectancy significantly declined. The COVID-19 pandemic played a major factor to the decline in life expectancy. Now, instead of life expectancy increasing along with the Social Security retirement age, only the Social Security retirement age has increased now that life expectancy is less than it was over 20 years ago.

A recent study conducted by BMJ, a medical research group, shows some evidence that new mental health disorders diagnosed in Long COVID-19 patients may not be a coincidence. During the study, BMJ analyzed records of more than 150,000 COVID-19 patients in the Veterans Health Administration, who prior to having COVID-19 reported no mental health diagnosis. Post COVID-19 infection showed that people who had COVID-19 were 39 percent more likely to be diagnosed with Depression and 35 percent more were diagnosed with anxiety. This is striking research that shows how much we still do not know about COVID-19. The full report can be viewed here. Below is a shorter version of the research that includes some of the more important findings by BMJ. Our research catalogues the breadth of post-acute mental health outcomes experienced by people with covid-19 including depression, anxiety, and stress and adjustment disorders. There was also evidence of increased risk of substance use disorders, neurocognitive decline, and sleep problems. These risks were evident even among those people whose disease was mild and did not require hospital admission for covid-19. Altogether, the findings suggest that people with covid-19 are experiencing increased rates of mental health outcomes, which could have far-reaching consequences. The increased risk of opioid use is of particular concern, especially considering the high rates of opioid use disorders pre-pandemic. The increased risks of mental health outcomes in people with covid-19 demands greater attention now to mitigate much more serious downstream consequences in the future. Some may use our findings to gaslight or dismiss long covid as a psychosomatic condition or explain the myriad manifestations of long covid as the result of mental illness. This dismissal is contrary to scientific evidence and is harmful to patients and communities. Mental health disorders represent one part of the multifaceted nature of long covid which can affect nearly every organ system (including the brain, heart, and kidneys). Our results should be used to promote awareness of this risk among people with covid-19 and to guide efforts for the early identification and treatment of affected individuals.

The SSI program provides monthly benefits to individuals who are retired or disabled who meet strict financial guidelines. The SSI program was meant for individuals with limited income and assets, but too many individuals were being negatively impacted by SSI’s limits so the agency recently adjusted its income and asset rules. Below is a message from Social Security and a list of types of payments that should not negatively impact SSI beneficiaries. We recently changed our rules about what financial assistance can affect your eligibility for SSI or your monthly SSI payment amount. Specifically, we no longer count the financial assistance listed below against your eligibility or payment amount. We are reviewing SSI claims and other SSI records going back to the beginning of the COVID-19 pandemic to restore SSI payments for people whose SSI was affected by receiving any of the assistance listed below. • Economic Impact Payments (EIP) • State Stimulus Payments (Some exclusions may apply.) • Unemployment Assistance (also includes regular unemployment) • Paycheck Protection Program (PPP): Loan Forgiveness to Employers and Self-Employed Individuals • Economic Injury Disaster Loan (EIDL) Program: Loans/Grants to Employers and Self-Employed Individuals /Grants • Coronavirus Food Assistance Program – Direct Payments to Farmers and Ranchers • COVID-19 Veteran Rapid Retraining Assistance Program • COVID-19 Funeral Assistance • Emergency Rental Assistance Fund • Emergency Assistance for Rural Housing/Rural Rental Assistance • Homeowner Assistance Fund • Housing Assistance and Supportive Services Programs for Native Americans • Tribal Payments from the Coronavirus Relief Fund and the Coronavirus State and Local Fiscal Recovery Funds • Supporting Foster Youth and Families • Higher Education Emergency Relief Fund • Emergency Assistance to Children and Families through the Pandemic Emergency Assistance Fund • Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers • USDA Assistance and Support for Socially Disadvantaged Farmers, Ranchers, Forest Land Owners and Operators, and Groups.

When it comes to Social Security Disability benefits, navigating the process can be overwhelming and confusing. The application process can be lengthy, and the denial rate is high. That’s why having a knowledgeable and experienced Social Security Disability law representative on your side can make a significant difference in the outcome of your case. A Social Security attorney can help you gather the medical evidence necessary to support your claim and represent you in the appeals process if necessary. At Greeman Toomey PLLC, we understand that obtaining disability benefits can be a matter of financial survival for many individuals. That’s why we offer a free consultation to review your case and help you determine if you are eligible for benefits. If Greeman Toomey takes your case, we will work on a contingency fee basis, meaning that you will not owe any attorney’s fees unless you win your case and receive benefits. During the process we will help you gather necessary medical evidence to support your claim and represent you through the appeals process and at a disability hearing before an Administrative Law Judge (ALJ). If you are seeking Social Security Disability benefits, it is essential to have a knowledgeable and experienced Social Security Disability law firm on your side. Greeman Toomey PLLC has a team of dedicated and compassionate attorneys and staff who understand the Social Security disability process. Should you be interested in a free consultation please contact us.