Information about Medicare changes for 2012, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

The Social Security Act provides for how the COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.

SSA Press Office  440 Altmeyer Building  6401 Security Blvd.  Baltimore, MD 21235
410-965-8904  FAX 410-966-9973

Author: Brett E. Schmied

Disability is something most people do not like to think about.  But the chances that you will become disabled probably are greater than you realize.  Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching full retirement age.  As a result, the Social Security Administration has instituted two programs in order compensate individuals who become disabled prior to reaching full retirement age.

Social Security Disability Insurance (SSDI), also known as Title II, is a disability benefit amount based on payments previously made into the Social Security system by a worker who has become disabled.  Therefore, the worker’s benefit amount is based on that worker’s earnings record.  In order qualify for SSDI, an individual must have earned enough “work credits.”  An individual worker must have 20 work credits within the past 10 years in order to be eligible for SSDI.  A worker can earn a maximum of four work credits in each calendar year.  Simply stated, if an individual has worked 5 of the last 10 years, they will likely be eligible for SSDI.

An individual will have to become disabled before their work credits drop below 20 within the past 10 years.  Individuals who receive SSDI are eligible for Medicare; however, Medicare eligibility does not begin until the individual has received SSDI benefits for 24 months.  No application is necessary for Medicare because eligibility occurs automatically in month 25 of receiving SSDI.  For more information on Medicare, please visit www.medicare.gov.

Supplemental Security Income (SSI), also known as Title XVI, is a federally financed, needs-based benefits program.  SSI guarantees an income for individuals with low income and resources on the basis of age, blindness, and disability.  The eligibility requirements are very different from SSDI.

First, there is no requirement that an individual earn any work credits.  SSI is a need-based program.  In order to qualify for SSI, a recipient must meet the following five criteria: (1) Categorical; (2) Residential; (3) Citizenship or Alien; (4) Resources; AND (5) Income.

(1) The individual needs to be at least 65 years old, blind, or disabled.

(2) The individual must have resided in the USA for at least 30 days.

(3) The individual must be a citizen of the USA or a qualified alien.

(4) The individual must have under a certain amount of resources.  A resource is defined as cash on hand, other than personal or real property, that an individual has some level of ownership and maintains some level of control. For an individual, the SSI resource limit is $2,000 in countable resources.  For a couple, the SSI resource limit is $3,000. Certain resources can be excluded including, but not limited to, the SSI recipient’s home, automobile, and personal/household goods.

(5) The individual must make under a certain income.  Income is anything an individual receives in cash or in kind that can be used to meet ones needs for food, clothing, and shelter.  Almost all income is countable, although there are some exclusions and deductions.  Income reduces the maximum monthly benefit to which a SSI recipient would otherwise be entitled.  Common sources of income include, but are not limited to, wages, tips, alimony, pensions, worker’s compensation benefits, unemployment benefits, among others.

Unlike SSDI, SSI recipients will likely not qualify for Medicare.  On the other hand, SSI recipients are likely immediately eligible for Medicaid but will need to apply for it.

Please contact us at (877) SSD-IWIN or email consult@ericjoneslaw.com for additional information.

If you have been terminated from employment and have not been offered the right to purchase continuing health care benefits through COBRA, you may have a claim against your previous employer regardless of whether you would have elected COBRA benefits.

Employers must provide notice of your right to continue your health care coverage. This notice has specific requirements and must be delivered within a specific time frame. If you received no notice or insufficient notice of your COBRA benefits, you may have a claim.

By failing to send proper NOTICE, your employer may be subject to:

1. a statutory penalty of up to $110 per day for each violation;

2. excise taxes;

3. liability for any beneficiary’s medical expense due to the gap in coverage;

4. attorney fees;

To establish a claim, you must have been covered under your company’s health insurance at the time your job ended. It does not matter whether you left voluntarily or were terminated. A few brief questions will help us determine whether the COBRA ‘notice’ requirements apply to your situation. Attorney’s fees would come directly out of any potential recovery. If you are interested in determining whether you may be eligible to recover against your former employer, please contact us at (614)545-9998.

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Law Office of Eric A. Jones, LLC

Phone: 614-545-9998 or (877) SSD-IWIN

Fax: 614-224-9300

580 S. High St., Suite 100

Columbus, Ohio 43251

Author: Brett Schmied

An overpayment occurs when Social Security is alleging that it paid a beneficiary more than it should have paid that particular beneficiary.  This is why it is important to report directly to your local Social Security office and inform Social Security a change occurred that could affect your monthly benefit amount. Please notify Social Security promptly by phone, mail or in person whenever a change occurs that could affect your benefits. Family members receiving benefits based on your work also should report events that might affect their payments.

The following must be reported: (1) if you begin working; (2) if you receive other disability benefits; (3) if you are offered services under Ticket to Work Program; (4) if you move; (5) if you change bank deposit accounts; (6) if you become unable to manage your benefits; (7) if you get a pension not covered by Social Security; (8) if you get married or divorced; (9) if you change your name; (10) if you care for child who receives benefits; (11) if you become a parent (either naturally or through adoption); (12) if you have an outstanding arrest warrant for certain felonies; (13) if you are convicted of a crime; (14) if you violate a condition of parole or probation; (15) if you leave the United States; (16) if your citizenship status changes; (17) if a beneficiary dies; (18) or if you receive Social Security or Railroad Retirement benefits.

There are two options if an overpayment issue arises.  First, if you agree that you have been paid too much and that the overpayment amount is correct, you have options for repaying it.

If you are receiving Social Security benefits, Social Security will withhold the full amount of your benefit each month, unless you ask for a lesser withholding amount and Social Security approves your request. Generally, Social Security will approve your request to a lesser withholding amount as long as the overpayment would paid within 3 years.

If you are receiving Supplemental Security Income (SSI), generally Social Security will withhold 10 percent of the maximum federal benefit rate each month. If you cannot afford this, you may ask that less be taken from your benefit. Or you may ask to pay back the overpayment at a rate greater than 10 percent. The same general rule for lowering the amount applies here. Social Security will not start deducting money from your SSI payments until at least 60 days after it notifies you of the overpayment. If you no longer receive SSI, but you do receive Social Security, you can pay back your SSI overpayment by having up to 10 percent of your monthly Social Security benefit withheld.

If you are not receiving benefits, you can: send a check to Social Security for the entire amount of the overpayment within 30 days; or contact Social Security to set up a plan to pay back the amount in monthly installments. Generally, Social Security will likely approve an amount that would eliminate the overpayment within 3 years.

If you are not receiving benefits, and you do not pay the amount back, Social Security can recover the overpayment from your federal income tax refund or from your wages if you are working. Also, Social Security can recover overpayments from future SSI or Social Security benefits. Social Security also will report the delinquency to credit bureaus.

Alternatively, if you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing form SSA-561 with your local Social Security office. Your appeal must be in writing. You should explain why you think you have not been overpaid or why you think the amount is not correct.

You have 60 days from the date on the original overpayment notice to file an appeal. Social Security will assume you got this letter five days after the date on it, unless you show Social Security that you did not get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal.

If you believe you should not have to pay the money back, you can request that Social Security waive collection. You must submit form SSA-632 at your local Social Security office. There is no time limit for filing a waiver. In order for the waiver to be granted, you must prove: (1) the overpayment was not your fault; AND (2) paying the amount back would cause you financial hardship or be unfair for some other reason.

Social Security may ask you to give it proof of your income and expenses. Social Security also may ask you to meet with a Social Security representative. If so, it is important for you to attend this meeting.

Social Security will stop recovering the overpayment until it makes a decision on either your request for an appeal or a waiver. Remember, any decision can be appealed.

Please contact us at (877) SSD-IWIN or email consult@ericjoneslaw.com for additional information.

Author: Eric Jones Law

The Ticket to Work program is voluntary. You get free training, job referrals and other services you need to work. You can give your “Ticket” to an approved provider of your choice. The provider can be either the state vocational rehabilitation agency or an employment network. You and the provider will work together to make a work plan. The plan states exactly what services the provider will furnish.

If you work with a state vocational rehabilitation agency and your Ticket is not assigned to them, once they close your case you may assign your Ticket to an employment network if you are still eligible to participate in the Ticket program. An employment network is a group that may help you find a job and provide other employment services for free. An employment network can be a single organization, or a group of providers. An employment network also can work with others outside their network to provide services

What happens to your benefits? If you have completed your trial work period, are working and have substantial earnings, your Social Security disability benefits may stop. There are some work incentives that may allow you to keep your cash payments for a while, and Social Security can quickly start your benefits again when your income drops or you stop work. If you are only receiving Supplemental Security Income (SSI), then payments are reduced as earnings increase until your benefits are completely eliminated by your earnings.

Although your cash benefits may cease, your health care will not necessarily stop.  Most Medicare beneficiaries can maintain their coverage for at least 8½ years after returning to work.

If you begin to work and stop, you can ask Social Security to start your benefits again, including Medicare or Medicaid. You will not have to apply again if your disability causes you to stop working within five years after your ­benefits stopped. You also may get temporary benefits—as well as Medicare or Medicaid—for up to six months while Social Security reviews your case.

Author: Eric Jones Law

Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.

However, workers’ compensation and other public disability benefits may reduce your SSD benefits. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness.

Other public disability payments that may affect your SSD benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related. Examples are civil service disability benefits, state temporary disability benefits and state or local government retirement benefits that are based on disability.

Some public benefits do not affect your SSD benefits.  If you receive SSD benefits and one of the following types of public benefits, your SSD will not be reduced: Veterans Administration benefits; state and local government benefits if Social Security taxes were deducted from your earnings; or Supplemental Security Income (“SSI”).

To calculate if there will be any SSD reduction, first determine the total amount of benefits and if it exceeds 80 percent of your average current earnings, before you became disabled, the excess amount is deducted from your SSD benefit.

If your answers match the ones below, the Social Security Administration (SSA) is likely to award you benefits.

• Are you gainfully employed? NO
• Do you have a severe impairment? YES
• Will your impairment last 12 months or result in death? YES
• Does your disability meet one of SSA’s listed impairments? If YES, you qualify. If no …
• Are you able to work? No

How long do disability appeals take?

We wish you success.

Robert A. Flaugher, Esq. graduated from Marshall University with a B.A. and earned his J.D., cum laude, from Capital University Law School.  Mr. Flaugher is licensed to practice in all federal and state courts in Ohio and West Virginia , and he has extensive experience representing creditors in the areas of consumer and commercial collections in both states.  Mr. Flaugher’s area of concentration also includes the representation of businesses in general and commercial litigation matters throughout Ohio and West Virginia .  Additionally, Mr. Flaugher is an active participant in the Ohio State Bar Association; Columbus Bar Association; and West Virginia State Bar Association.