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Part 1 in a 4 part series on Social Security Disability

Social Security cards with cash and benefit amount numbers

If you’re one of the 8.6 million American workers who are unable to work because of a physical or psychological condition, you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. However, the application process can be complicated, and one small mistake could ruin your chances of securing the benefits you deserve to care for yourself and your family.

Part One – The Overview:

 

About Social Security

Many people think that Social Security is only for old people. However, Social Security pays disability benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. The Social Security Administration has two types of programs designed to help disabled people.

To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability. You will receive monthly cash benefits if you are unable to work for a year or more because of a disability, or if your condition is likely to result in death.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work.   If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

Work incentives provide protection and motivation to allow you to try to go back to work without worrying about having to go through the Social Security application process again if you are not successful. People with disabilities receiving Social Security or Supplemental Security Income (SSI) can work and still receive monthly payments and Medicare or Medicaid.

SSDI

Social Security Disability Insurance (SSDI) is available to people who meet certain earnings requirements by paying enough Social Security taxes. Generally, you must meet two different earnings tests: a “recent work” test based on your age at the time you became disabled; and a “duration of work” test to show that you worked long enough under Social Security.

In addition to meeting Social Security’s definition of disability, you must have worked long enough and recently enough under Social Security to qualify for disability benefits. Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.

The amount needed for a credit changes from year to year. In 2012, for example, you earn one credit for each $1,130 of wages or self-employment income. When you’ve earned $4,520, you’ve earned your four credits for the year.

The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. This translates to needing to have worked for 5 out of the previous 10 years. However, younger workers may qualify with fewer credits.

If you are approved for SSDI, certain members of your family may qualify for benefits based on your work. They include: your spouse, if he or she is 62 or older; your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled; your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be younger than age 18 or younger than 19 if in elementary or secondary school full time; and your unmarried child, age 18 or older, if he or she has a disability that started before age 22 (the child’s disability also must meet the definition of disability for adults).

Medicare

After you receive disability benefits for 24 months, you will automatically be eligible for Medicare. However if you have permanent kidney failure requiring regular dialysis or a transplant, or you have amyotrophic lateral sclerosis (Lou Gehrig’s disease), you may qualify for Medicare almost immediately. Medicare is financed by a portion of the payroll taxes paid by workers and their employers. It also is financed in part by monthly premiums deducted from Social Security checks.

Medicare has four parts:

  1. Hospital Insurance – helps pay for inpatient care in a hospital or skilled nursing facility (following a hospital stay), some home health care and hospice care.
  2. Medical Insurance – helps pay for doctors’ services and many other medical services and supplies that are not covered by hospital insurance.
  3. Medicare Advantage – plans are available in many areas. People with Medicare Parts A and B can choose to receive all of their health care services through one of these provider organizations under Part C.
  4. Prescription Drug Coverage – helps pay for medications doctors prescribe for treatment.

 

SSI

The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources. Income is money you receive such as wages, Social Security benefits, and pensions. Income also includes such things as food and shelter. The amount of income you can receive each month and still get SSI depends partly on where you live.

Resources are things you own, including real estate, bank accounts, cash, stocks, and bonds. You may be able to get SSI if your resources are worth no more than $2,000. A couple may be able to get SSI if they have resources worth no more than $3,000. When calculating resources, Social Security does not count: the home you live in and the land it is on; life insurance policies with a face values of $1,500 or less; your car (usually); burial plots for you and members of your immediate family; and up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.

If you are married, Social Security also includes part of your spouse’s income and resources when deciding whether you qualify for SSI. If you are younger than age 18, your parents’ incomes and resources are considered.

 

Medicaid

Thirty-two states and the District of Columbia provide Medicaid eligibility to people approved for SSI benefits. In the states, the SSI application is also the Medicaid application. Medicaid eligibility starts the same months as SSI eligibility.

Alaska, Idaho, Kansas, Nebraska, Nevada, Oregon, and Utah use the same rules to decide eligibility for Medicaid as SSA uses for SSI, but require the filing of a separate application.

The following states use their own eligibility rules for Medicaid, which are different from SSA’s SSI rules: Connecticut, Hawaii, Illinois, Indiana, Minnesota, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, and Virginia. In these states, a separate application for Medicaid must be filed.

Rob Levine & Associates specializes in Personal Injury throughout Rhode Island, Connecticut and Massachusetts, as well as Social Security Disability and Veterans Disability throughout the country. As “The Heavy Hitter” Rob Levine not only works hard on your case, but also believes in making a positive impact in the communities he serves. Through internal resources, education and volunteerism, Rob Levine & Associates strives to help prevent accidents, as well as raise awareness around the needs of our elderly and returning veterans. For more information visit www.roblevine.com, or call 401.529.1222 or toll free 800-529-1222.

Johnson & Wales University Announces Articulation Agreement with Roger Williams University School of Law

PROVIDENCE, R.I. — Johnson & Wales University (JWU) has signed an articulation agreement with Roger Williams University School of Law (RWU Law) that provides a pathway for JWU students to complete undergraduate and law studies in six years. The “3 + 3” program becomes the first agreement of its kind between a Rhode Island university and RWU Law.

JWU students enrolled in the Bachelor of Science in Liberal Studies program, who meet specific criteria, will be able to apply for admission to RWU Law’s Juris Doctor (J.D.) program during their third year of studies. Those accepted will earn their JWU degree by successfully completing first-year classes at RWU Law. In addition, those students will save one year’s tuition by completing their studies in six, rather than seven, years.

“The university is pleased to provide this opportunity to exceptional JWU students who see law school as instrumental to their future professional success,” said Angela Renaud, Ed.D., dean of the College of Arts & Sciences  “With an accelerated path toward this goal, it is in keeping with JWU’s spirit of combining robust academics with a pragmatic, professional approach to education.”

“We are very excited about this partnership with Johnson & Wales,” added Michael J. Yelnosky, Dean of RWU Law.  “It was a pleasure to work with the JWU team because our institutions share an innovative ethos and a commitment to controlling the spiraling cost to students of higher education. We look forward to having talented graduates of JWU obtain their law degrees at RWU Law while saving a year’s worth of tuition and living expenses.”

JWU Liberal Studies majors acquire knowledge and experience in cultural studies, history, philosophy, the behavioral sciences, math, and science. Students are required to specialize in either general business or project management minors. Liberal Studies is one of six majors offered in the College of Arts & Sciences at JWU.

Founded in 1914, Johnson & Wales University is a private, nonprofit, accredited institution with more than 16,000 graduate, undergraduate and online students at its four campuses in Providence, R.I.; North Miami, Fla.; Denver, Colo.; and Charlotte, N.C. An innovative educational leader, the university offers degree programs in arts and sciences, business, culinary arts, education, nutrition, hospitality, physician assistant studies, engineering and design. Its unique model integrates arts and sciences and industry-focused education with work experience and leadership opportunities, inspiring students to achieve professional success and lifelong personal growth. The university’s impact is global, with alumni from 119 countries pursuing careers worldwide. For more information, visit www.jwu.edu.

THE PROCESS: VA DISABILITY BENEFITS VS. SOCIAL SECURITY BENEFITS

This week we will examine the many differences and similarities in the process of applying for VA disability benefits and Social Security benefits.  In our next blog on the VA we will cover the standard to get granted/approved by the VA and Social Security Administration systems as well as the differences in benefits. Both the Department of Veterans Affairs, as well as the Social Security Administration, are governed under federal law and thus apply equally across all 50 states.  Both have components made up of an agency system governed by administrative law as well as the ability to appeal to the court system.

In the VA disability system, you start by filing an initial claim for disability compensation.  You then receive a rating decision from your regional office.  If you disagree with that decision, meaning that VA denied benefits or gave you a rating that you think is too low, you can file an appeal with that rating decision.  This appeal is called a Notice of Disagreement.  There are several intermediary steps that follow, but the next real decision-making process happens before the Board of Veterans’ Appeals, which is made up of administrative law judges, or veterans law judges.  In the social security system, the process begins the same way, by filing your initial claim.  If you lose at the initial claim level, meaning benefits are denied, you then file a reconsideration application.  If benefits are denied at that level, you then have a hearing before an Administrative Law Judge.  The hearing before the Administrative Law Judge is roughly the equivalent as a hearing before the Board of Veterans’ Appeals.  One substantial difference between getting to this point in each system is the time frame.  In the Social Security process, the average timeframe from filing your initial claim to get a hearing is 18-24 months in the New England area.  In the VA process, time moves much slower, depending on where you are in the country.  In the New England area, it might take 2-3 years from the date you file your claim to the date you have a hearing.  In other parts of the country, it can take up to 5 years.

In the VA disability system, the next step in the appeal process takes us out of the agency, or administrative process, and moves into the court side.  You would appeal to the Court of Appeals for Veterans Claims (“CAVC”), which is an independent federal court created for the sole purpose of hearing veterans’ appeals.  This is the equivalent of a federal district court.  If you lose at the CAVC, you can appeal to the United States Court of Appeals for the Federal Circuit, though these appeals are rare.  On the Social Security side, there is an additional step at the administrative level.  If your reconsideration application is denied, you can appeal to the Appeals Council.  If you lose there, it switches to the court side and you can file an appeal with the Federal District Court in the jurisdiction where the claimant resides.

In theory, both administrative processes are non-adversarial systems, meaning that there is no prosecutor or attorney assigned by the government to defend against you receiving benefits.  However, on the VA side, once your appeal moves to the CAVC, an attorney is appointed by the government to represent VA’s interest.  Remember to check out our next blog on the VA when we will cover the standard to get granted/approved by the VA and Social Security Administration systems as well as the differences in benefits.

Rob Levine & Associates specializes in Personal Injury throughout Rhode Island, Connecticut and Massachusetts, as well as Social Security Disability and Veterans Benefits throughout the country.  As “The Heavy Hitter” Rob Levine not only works hard on your case, but also believes in making a positive impact in the communities he serves. Through internal resources, education and volunteerism, Rob Levine & Associates strives to help prevent accidents, as well as raise awareness around the needs of our elderly and returning Veterans. For more information visit www.roblevine.com, or call 401.529.1222 or toll free 800-529-1222.

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10 Ways To Boost Health And Activity At Work

Side view portrait of businesswoman using computer while sitting on pilates ball in office

Side view portrait of businesswoman using computer while sitting on pilates ball in office

In a widely publicized study earlier this year, scientists reported that people who sit for long periods every day have a higher risk of dying from all causes than people who stay active. Very sedentary people, even those who do some regular exercise, have higher death rates from heart disease, cancer, Type 2 diabetes, and dementia, to name just a few.

Chances are good that you, whether you are an employee or the employer, are in this at-risk category, since 50% to 70% of Americans spend at least 6 hours a day sitting.  For office workers, this is particularly challenging because the traditional office is designed around sitting at a desk.

The biggest trend in changing our sitting habits is changing what we sit on. We talked about ergonomics in a recent blog post; however, the newest seating options go far beyond the traditional ergonomic chair with its adjustable back and arm supports. Here are the most common alternatives to an office chair:

Exercise ball. That big oversize ball from the gym can give you a workout while you work. Staying balanced on the ball keeps your core, abs and lower back muscles active all the time. You can use a standard exercise ball, or upgrade to ball chairs that have bases and backrests.

Active stool. The active stool usually rests on a central support with a seat that can move in any direction. Like the exercise ball, it forces you to sit actively and balance with your feet.

Saddle stool. This stool opens your hips and drops your thighs as you straddle it like a saddle, encouraging better posture and core muscle use.

Stand-up stool. A stand-up stool has a cushion to lean your hips on as you work standing up. This takes some of the weight off your feet and gives you a change of position.

Kneeling chair.  The kneeling chair is more of a posture correction than a genuine sitting alternative, as it distributes your weight between your hips and shins, and aligns your lower back more correctly. However, it does gives your abdominal muscles more exercise than a traditional chair.

Standing desk.  A standing desk takes sitting out of the equation entirely by putting your whole work area at standing height. As an added benefit, many people find that they are more energized, concentrate better, and are more productive when they work standing up.

Treadmill desk. The ultimate anti-sitting workstation incorporates a walking treadmill that keeps you not just standing, but strolling through your day’s activities.

For any of these active options, you’ll probably want to keep your old chair around at least for a while, so you can gradually build your stamina for active sitting and standing. And if that’s not enough, here are a few more steps you can take to help yourself and your employees get moving:

  • Get up, stretch and move around for several minutes every half hour. Many apps are available to remind office workers to take a break. Pick one for yourself, or encourage your employees to get one and use it.
  • Have walking meetings. Instead of sitting while you’re on the phone or having a conversation with a fellow worker, take a walk while you talk.
  • Get a pedometer or activity monitor. Counting your steps and calories burned every day starts a natural competition with yourself to boost that count every day. You can even start friendly office competitions to encourage more activity.

Keeping yourself active can help reduce stress and improve your overall health. Helping your employees keep active can improve their productivity, reduce both absenteeism and turnover, and make your business a better place for everyone to work.

Rob Levine & Associates specializes in Personal Injury throughout Rhode Island, Connecticut and Massachusetts, as well as Social Security Disability and Veterans Benefits throughout the country.  As “The Heavy Hitter” Rob Levine not only works hard on your case, but also believes in making a positive impact in the communities he serves. Through internal resources, education and volunteerism, Rob Levine & Associates strives to help prevent accidents, as well as raise awareness around the needs of our elderly and returning Veterans. For more information visit www.roblevine.com , call 401.529.1222 or toll free at 888-533-7507.

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