As alarming as that statistic is, a new study conducted by researchers at the State Farm Center for Women and Financial Services at The American College suggests that a bigger problem might be posed by Americans' lack of accurate knowledge about disability and lack of preparedness for unexpected disabilities, in general.
]]> Among their findings:The overwhelming majority of participants, 97 percent, could not identify the leading cause of disability. (Arthritis is the leading cause; 95 percent of all claims are caused by chronic illnesses and conditions.)
The largest group of those respondents, 30 percent, identified "accidents" as the leading cause of disability. (Accidents are responsible for only five percent of disability claims).
Most participants lacked the financial plans or resources to deal with a sudden disability.
(Overall, more than 70 percent of the study's participants planned to replace income lost due to a disability with money from savings accounts, which most admitted wouldn't last six months.)
Less than 10 percent of the study's participants had purchased an individual disability policy from a private insurer. (In fact, 46 percent of the men and 61 percent of the women who participated in the study had done no research on disability insurance.)
With these numbers in mind -- and given the length of time it can take to get a claim for Social Security Disability benefits approved by the SSA -- you may want to consider working with a financial advisor, accountant or attorney to develop a plan for this contingency, if you haven't done so already.
Source: Milwaukee Journal Sentinel, "Disability: What you don't know can hurt you," May 10, 2012
]]>Then again, why should it matter if a disability judge uses information you post on a website if you are truly disabled and don't have anything to hide?
]]> The simple answer to this question is that it matters because what you put on the web could easily be misinterpreted as evidence that you are not really disabled. For example, suppose a judge saw recently uploaded photos of an activity you took part in two years ago on a Facebook page and then denied you benefits based on his or her mistaken assumption that the photos were taken after you claim to have been disabled.While the new policy has drawn sharp criticism from taxpayer watchdogs such as Sen. Tom Coburn of Oklahoma and some of the SSA's own administrative law judges who feel that information culled from personal websites can be very useful in preventing fraud -- agency officials say that information from online postings can't be trusted for accuracy and that even the act of conducting a browser search for that type of info could lead to protected private information being compromised.
Agency officials were also clear in pointing out that information gleaned from Internet sources does have a role to play in the process and has in fact been used as evidence of fraud in disability cases that have made it into federal court. It would simply prefer to have its fraud investigators follow up on that type of information on the back-end of the process rather than having disability claims judges use it against claimants at the administrative hearing stage.
Source: The Washington Times, "Web put off-limits to Social Security claims judges," Stephen Dinan, May 3, 2012
]]>As promised, today we want to talk briefly about two of the Social Security Disability changes Julia Schaefer like to see made and why those changes are important to Oregon residents.
]]> The first involves the SSA's Supplemental Security Income program, which currently limits eligibility to people with no more than $2,000 in resources. This essentially forces Oregon residents who do not have enough work history to qualify for Social Security Disability Insurance benefits to sell off most or all of whatever few assets they have in order to be eligible for what most people would consider a subsistence-level of benefits. Stripping people of their dignity and quality of life this way is a shame, Schaefer says and argues that the SSI resource limit should be raised to $20,000.Second, Ms. Schaefer would also like to see the SSA change the way it calculates the work credits and benefits of people who are applying for SSDI benefits.
Under the current rules, the SSA only considers income earned during the last 10 years of an applicant's work history. The problem for many people, she says, is that the most recent 10 years has often involved significant periods of sickness or recovery time during which applicants earned little if any money from work. As a result, many SSDI applicants in Oregon and elsewhere who have their claims approved do not receive a level of disability income commensurate with what they actually paid into the system over the course of their working careers.
Schaefer is working with the medical professionals, nonprofit groups, Social Security Disability advocates and others to bring about these changes and has circulated a petition to that effect among members of Congress. We hope she succeeds in the effort and likewise hope to be able to provide a good news update on this story in the not too distant future.
Source: Dayton Daily News, "Cancer survivor advocate for disability rights of all," Susan Dalzell, May 2, 2012
]]>In fact, it's no secret that big changes are needed simply to keep the Social Security Administration's disability benefits programs financially solvent for the foreseeable future -- let alone fix deeper problems involving the system's rules, definitions or claims and appeals process. Yet one woman, a cancer survivor who now understands the problems inherent in the SSA's disability system better than she ever imagined, is fighting to do exactly that.
]]> Julia Schaefer, an Ohio resident, was diagnosed with a rare type of liver cancer called fibrolamella at the age of 39. Until that moment, Ms. Schaefer had what most people would consider a fairly "normal" life. She was a married, stay-at-home mom with a comfortable home, a 10-year-old son and a newly adopted infant. During the course of her battle with cancer over the next few years, however, her marriage disintegrated. She also lost her home and custody of her adopted son too.Despite those losses, Ms. Schaefer refused to give up her fight and eventually regained enough health to return to college for a teaching certificate and begin working. After three years of teaching children with learning disabilities, the cancer came back and forced her to give that position up.
Since then, her health and employment history have been unsteady to say the least. Two years ago, however, she received good news of sorts when the SSA approved her claim for disability benefits following a surgical procedure that left her reliant on a permanent feeding tube for nutritional intake.
More recently, she has turned that same fierce determination that enabled her to beat the odds with her cancer over the last 12 years toward a different goal -- making the SSA's disability benefits programs fairer to and better for everyone.
In our next post, we'll talk about two of the important changes Ms. Schaefer hopes to see made.
Source: Dayton Daily News, "Cancer survivor advocate for disability rights of all," Susan Dalzell, May 2, 2012
]]>As a result of that landmark decision, Oregon residents who are currently receiving Social Security Disability benefits because of they have some type of debilitating mental or psychological disorder stand a much better chance of someday returning to work than they did just 13 years ago.
]]> While Oregon's track record on mental health treatment, both pre- and post-Olmstead, is not unblemished but is far better than most states. There is also good reason to believe that people with debilitating mental and psychological disorders will be even better served in the near future, thanks largely to a renewed commitment to honoring the spirit of the Olmstead decision that has been publicly expressed by a number of state officials in recent years.Disability rights advocates applaud both the general and more recent trends in mental health treatment and say smaller facilities provide a level of stability, connectedness and personal care that gives patients a much better chance to make progress with their conditions and more fully participate in our society.
The increased emphasis on placing people with smaller, local mental health facilities also minimizes patient stress (which can easily exacerbate psychological conditions and render treatments completely ineffective for weeks or months) and seems to reduce the likelihood that patients who experience a temporary worsening of their conditions will need to be hospitalized.
State taxpayers are realizing some benefits too. For example, it currently costs more than $20,000 dollars each month to house a mentally ill patient in a state hospital. Contrast that figure with the $6,000 dollars one provider says it needs for an entire year and it becomes even more difficult to find fault with this alternative approach.
Source: New England Cable News, "Mental health treatment improving in Oregon," April 29, 2012
]]>While healthcare providers knew this was not a good development, a study published in this week's New England Journal of Medicine gives doctors, Oregon parents and government officials a clearer picture of how this disturbing trend might impact Social Security Disability programs in the future.
]]> According to researchers, type-2 diabetes progresses far more rapidly in children than it does in adults and is much more difficult to treat effectively. Why that is isn't exactly clear at this point, but growth rates and the hormonal changes associated with puberty are suspected as potential causes. In any event, researchers found that normal, oral type-2 diabetes treatments quit working in about half of the nearly 700 children studied within a few years.This is alarming because when type-2 diabetes cannot be controlled well, the risk of heart disease, blindness and other serious health problems becomes much greater. It is also alarming because the risks also increase greatly the longer a person has the condition.
In the meantime, medical researchers will continue working to develop a more effective regimen of treatment for diabetic children. Until then, however, the number of American adults who need to apply for Social Security Disability benefits at increasingly younger ages because of complications from type-2 diabetes can also be expected to rise sharply.
Source: The New York Times, "Obesity-Linked Diabetes in Children Resists Treatment," Denise Grady, April 29, 2012
]]>Unfortunately, married Oregon residents who receive Supplemental Security Income benefits may have to consider an even more unusual and difficult choice when it comes to taking care of their families: A) stay married and lose SSI benefits, or B) get a divorce.
]]> One man we recently read about became disabled about 12 years ago after breaking his back in three places. Because he did not have enough work credits to qualify for Social Security Disability Insurance benefits at that time, he could only get approved for SSI benefits -- a separate disability program based on need (rather than work history), intended to help disabled people who are ineligible for SSDI benefits to pay for basic needs such as food, clothing and shelter.Recently, the man's wife was able to find a job after a long period of unemployment. Good news, right? It was until the Social Security Administration told the man that his SSI benefits were going to be reduced by $700 a month as a result. Now, they are not so sure the new job was good news at all and have even considered getting a divorce. They have also filed an administrative appeal of the SSA's decision.
Source: The Journal-Standard, "Divorcing to survive: Couple struggles in tough economy," April 21, 2012
]]>What happens if nothing is done before 2033? At that time, says U.S. Treasury Secretary Timothy Geithner, "incoming revenues and trust fund resources will be insufficient to maintain payment of full benefits." In practical terms, this means that the federal agency will only be able to pay disability recipients about 75 percent of their scheduled benefits in 2033 and beyond.
]]> Social Security Commissioner Michael Astrue also expressed concern about the numbers in the annual report and called for Congress "to act within four years to avoid automatic cuts to people receiving disability benefits."What does all this mean for Oregon residents who are applying for or currently receiving disability benefits? Truthfully, it's impossible to say until lawmakers in Washington, D.C. take action to address the problem. That said, this latest annual report does propose a few solutions that could have an immediate impact.
One of the report's proposals calls for an immediate, 1.3 percent payroll tax increase on workers and employers, which would allegedly be enough to ensure the program's solvency for at least 75 years. Alternatively, the report points out, long-term solvency problems could be adequately addressed by immediately reducing benefits by 16.2 percent. A third possible solution could also be reached with a combination of these two measures.
In the meantime, Oregon Social Security Disability recipients can expect to receive the full amount of benefits they are entitled to. We will also, of course, continue to provide updates on these concerns as developments warrant.
Source: U.S. News & World Report, "6 Facts About the Social Security Trust Fund," April 24, 2012
]]>Unlike other federal employees, however, military members can only designate a little more than half of their retirement pay to provide care for a surviving disabled child. And to make matters worse, any military retirement pay a disabled child receives as a survivor benefit is counted as income, which in most cases will disqualify the child from continuing to receive Medicaid or Social Security Disability benefits.
]]> A new bill known as the "Disabled Military Child Protection Act of 2012" could fix this loophole in the military retirement system and is now under consideration in the U.S. House of Representatives.The law seeks to provide for the long-term care of severely disabled children of military members by enabling men and women who've invested in a military Survivor Benefit Plan to transfer those benefits to a Special Needs Trust, which would be accessible to their disabled children after they die -- something civilians and non-military federal employees have long had the ability to do.
Rep. Jim Moran, the congressman who introduced the bill and the father of a special needs child, says that "(w)hen health care costs for disabled kids can top $100,000 a year, the military needs to give parents the opportunity to plan for their special needs children's future."
More than 1,000 severely disabled military dependents would immediately benefit if this legislation is approved by Congress and signed into law by the President.
Source: Insurance News Net, "Moran Introduces Bill to Protect Disabled Military Children," Apr. 3, 2012
]]>We mention Justice Sotomayor specifically because of the recent White House claim that President Obama was the first American leader to successfully appoint a justice with a disability to our nation's highest court -- and because of the eyebrows that statement raised here in Oregon and elsewhere.
]]> The White House is able to make that claim because the Americans With Disabilities Act provides a different definition for "disability" than the SSA. Under the ADA, diabetes is a disability if it "it substantially limits one or more of a person's major life activities." The ADA then defines those activities to include major bodily functions such as endocrine function, which happens to be substantially limited by diabetes.Although Justice Sotomayor may be considered to have a disability as far as the ADA is concerned, the SSA would not consider her to be disabled at all. Under its definition, simply having diabetes would not qualify a person for Social Security Disability benefits unless it was "severe enough to significantly limit (that person's) ability to perform basic work activities needed to do most jobs."
Since Justice Sotomayor is clearly able to work and certainly earns more income than the SSA allows a person to earn while remaining eligible for disability benefits, the SSA (hypothetically) would not award her benefits.
What about you? Is your diabetes severe enough to qualify you for disability benefits? If you have enough work credits, and you have type-1 or type-2 diabetes that by itself or in combination with other impairments will prevent you from working for at least one year ... then the most likely answer is yes.
Source: New York Magazine, "Is Sonia Sotomayor Disabled?," Dan Amira, April 9, 2012
]]>This week, the SSA announced that it would be adding 52 more conditions to its Compassionate Allowances program effective August 1, bringing the total number to 165. While it is certainly preferable to have a less serious disability than one that qualifies for fast-track review, this is nonetheless good news for Oregon residents affected by one of the disabling conditions included in the program.
]]> Although the new additions to the program primarily involve rare diseases, neurological disorders and different types of cancer, Social Security Commissioner Michael J. Astrue said that his agency would "continue to work with the medical community and patient organizations to add more conditions." (Readers can view the full list of these conditions, with the August additions highlighted in red, on the SSA's website.)In the meantime, Oregon residents who can't work because of disabling medical conditions that haven't yet been included in the program shouldn't wait to apply for disability benefits. We would also urge anyone who plans to file a disability claim or appeal a denied claim to speak with a lawyer before moving forward with those plans.
Source: National Organization for Rare Disorders, "NORD Applauds SSA For Expanding Compassionate Allowances List," April 12, 2012
]]>Although the award amount of $100,000 may not be enough, it is nonetheless good news for people who've received Social Security disability insurance benefits for a time, but who have also regained an ability to work.
]]> Evidence that such a program is necessary can be seen in Labor Department statistics showing that the unemployment rate among disabled individuals who are ready, willing and able to work is nearly two times higher than the rate for the general population of workers.In a conference call made after the official announcement, Martinez said "(i)t's time to move beyond the stereotypes and misconceptions that people cannot work, because we know that people with significant disabilities can work." She also emphasized the role of technology plays in helping disabled individuals stay connected in their communities and workplaces and will play in the state's program.
Oregon's Department of Human Services -- through its Office of Developmental Disability Services -- will oversee the new initiative, which is scheduled to include another federal grant next year.
While this story isn't directly related to the SSA or its disability benefits programs, we have seen many people with disabilities regain at least some ability to work and thought it a bright spot worth mentioning.
Source: Statesman Journal, "Federal grant will help state find mainstream jobs for disabled people," Peter Wong, April 2, 2012
]]>After a plane crash in 1988, the Bend, Oregon, real estate man was injured when he received burns over 70 percent of his body. After recovering from his injuries, he returned back to work at his real estate job. He claimed he was earning more than $12,000 per month on home refinance paperwork obtained by investigators. Investigators also learned he was able to renew his pilot's license after passing the required and rather extensive medical exams. He also obtained hunting and fishing licenses.
]]> Since the Social Security Administration turns down almost 65 percent of initial disability claims one has to wonder how this particular beneficiary was able to receive payments long after he was entitled to them. Many people struggle with filing SSD claims and will even give up if their claim is denied. This is unfortunate since people who cannot work due to an illness or injury may need Social Security benefits to meet their basic needs.There are a variety of challenges when filling out the required paperwork, including understanding the various definitions for qualifying medical conditions and related doctor's reports. All this can make obtaining your entitled benefits a complex and frustrating endeavor. If you or a family member is struggling with Social Security Disability Insurance issues, sometimes contacting an experienced Social Security attorney can make the process smoother and much less aggravating.
Social Security Disability benefits are designed to assist physically, mentally or emotionally disabled Americans either recover from their disability and get back to work, or help them maintain a certain quality of life if they have been permanently disabled. When fraudulent claims are made it only hurts those that really need the program to survive.
According to the report, over a 17-year period the real estate employee worked long hours, played golf, went fishing and hunting and took a cross country motorcycle trip all while receiving Social Security Disability payments. In 2010, his eligibility was reviewed by Social Security personnel who discovered that he had failed to disclose his employment income on his federal tax returns.
Source: The Oregonian, "Central Oregon real estate man punished for cheating Social Security of disability pay," Bryan Denson, April 3, 2012
]]>Categorized by widespread musculoskeletal pain, researches are still unaware of exactly what causes the disorder or how to effectively treat it. The disorder is more prevalent in woman and impacts an estimated five million Americans who suffer from the painful and often debilitating effects of the mysterious condition.
]]> Despite a proclamation from the National Institute of Health that fibromyalgia is a "common and chronic disorder", because its cause is still unknown, those who are diagnosed often must deal with increased scrutiny and doubt. In fact, many who suffer claim loved ones and medical professionals have accused them of making up or exaggerating symptoms.One woman, who is now in her 40s, recalls how she first noticed the effects of the disorder when she was just 25-years-old. Experiencing severe back pain, she saw a neurosurgeon and even underwent a cervical fusion procedure before finally being diagnosed with fibromyalgia. Despite having her medical assistant's degree, because to her condition, she is only able to work part-time as a leasing agent.
While she has learned how to manage some of the negative side-effects of her disorder through meditation, relaxation and distraction; she still experiences days when it's difficult to get out of bed. She has learned that stress and physical activity are main triggers and must work to keep both to a minimum or risk being in pain for days or weeks.
Individuals who suffer from fibromyalgia may be eligible to receive social security disability benefits provided they meet certain qualification guidelines. Those interested in learning more should consult a legal SSDI professional who can help with the complex application process.
Source: Hernando Today, "People with fibromyalgia aren't crazy," Daniel J. Vance, Mar. 29, 2012
]]>With varying degrees of severity, some diagnosed with mild OCD may thrive in certain situations or work environments that require precision and adherence to procedure. Others with OCD, however may feel trapped and rendered helpless by their distracting and pervasive thoughts and behaviors.
]]> Typically diagnosed during early adulthood, OCD is categorized by a preoccupation with orderliness and rigid and persistent thought patterns that often interfere with every day activities and functions. As a result, those with OCD typically have problems socially and are limited in their ability to perform many tasks.While several prescription medications have been found effective in the treatment and management of the disorder, many diagnosed individuals are still not able to work or effectively hold a job. While inclinations towards perfectionism and over-working are common, many OCD individuals have difficulty following work procedures and completing required tasks in a timely manner.
In addition to taking prescription medication, it's important that those suffering from OCD become educated about their condition so they can take steps to address and stop disruptive repetitive thought patterns. Treatment options such as behavioral therapy and psychotherapy can also be effective in helping redirect and stop repetitive thoughts and behaviors.
Source: Windsor Beacon, "Obsessive-compulsive personality order can get in way of work," Sandi Squicquero, Mar. 27, 2012
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