Be Careful Of What You Post – How Social Media May Become A Vital Tool For the Social Security Administration

I won’t beat around the bush. I have never understood the social media phenomenon. I understand how social media is a valuable tool to promote businesses, but I have never understood why people feel the need to post simple daily occurrences to friends and family, or even worse, to complete strangers. I doubt my friends or family want to see a post of me getting a coffee or going to the gym. At least, I hope they have more fulfilling lives than that!

Social media has been around long enough, that the pitfalls of its overuse are finally coming to light. Besides the fact that it is creating a generation of zombie-like children who cannot separate themselves from their screens, social media overuse raises more serious concerns than the potential for an apocalypse instigated by these zombie-like children we are raising. Cyberbullying and privacy protections are two of the common issues that have arisen with the advent of the social media overuse.  After all, people do not always think about the consequences of what they post.

 The government has gotten hip to the fact that we live in a world that loves to overshare personal information and they plan to take advantage of people’s voyeuristic tendencies. The Trump administration, along with Social Security, are looking to expand its social media networks to identify fraud being committed by Social Security disability claimants and recipients. Thus, the photos of your family vacation to Disney, photos of you hiking with your pup, or whatever else you deem worthy of a Facebook post, may soon be perused by the Social Security Administration and used to evaluate whether or not you have a legitimate disability claim.  You post it – it is fair game for the government to consider. Will the government potentially misconstrue some of the photos? Absolutely! It is the Federal government after all. We all know it hardly operates like a well-oiled machine when it comes to fairness or accuracy.

To be honest, I have already been checking out social media accounts from potential leads prior to retaining a claimant. I understand why the Administration wants to utilize this tool, as I have been shocked with some of the information that I have found. A gentleman with a neuromuscular condition wanted to retain my services. I declined after I discovered a Strava account showing he was still riding his bike upwards of 300 to 400 miles a week in spite of the fact that he had told me that he spent most of the day lying down. I confronted him on my Nancy Drew find and he was shocked that I was able to access this information, but he was not ashamed that he was hoping to dupe the system.

I will not represent a claimant who I do not feel is disabled and I have no problem with the government taking advantage of technology that may help to ferret out fraud. You want to post aspects of your private life in a public setting, have at it, but understand it can be used to hurt you (unless your last name is Kardashian – then social media may just turn you into a billionaire, but there are exceptions to every rule J).  

There is a simple moral to the story, folks. Edit yourself and stop oversharing personal information on the web or deal with the consequences of opening yourself up to strangers with ill intent and government agencies looking to authenticate credibility.  

 Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

 

Will I Still Receive My Social Security Check During The Government Shutdown?

I have been receiving a ton of calls and emails since the partial government shutdown began on December 22, 2018, inquiring as to whether Social Security Disability and Supplemental Security Income recipients would continue to receive their scheduled benefits. Thankfully, the answer is yes.

While the longest government shutdown in our country’s history is at a point that it is leaving a rotten taste in everyone’s month, benefits are still being issued by the Social Security Administration.

This is because Social Security is considered a mandatory spending program which has already been funded. Programs affected by the shutdown fall within the discretionary spending category and the funding for said programs is issued annually through the Appropriations Act.

The Social Security Administration remains opened for business, though the backlog to receive a hearing through the Office of Hearings Operations is still lengthy. You can still file for benefits online or make an appointment to file for benefits with your local Social Security office.

Keep in mind that morale isn’t exactly stellar at many of the Federal agencies at this moment. Social Security employees inform me that they are being bombarded with calls from beneficiaries who are fearful that they may not receive their monthly benefits.  Many employees feel like their sister agencies are pawns in the middle of a political sandbox fight. While business is taking place as usual at the Social Security Administration, they, too, are affected by the shutdown, even if their jobs are preserved and they are receiving their paychecks.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

3 Important Changes for 2019 that Could Affect Your Social Security Disability and Supplemental Security Income benefits

Every year the Social Security Administration (“SSA”) makes significant changes to the monetary thresholds associated with Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits. It is important to know about these changes, so you are in compliance with SSA’s requirements.

1.      SSA has increased the threshold value for full-time work.

In order to be found disabled under SSA’s definition of disability, you must be able to prove that you are unable to earn a certain monetary value due to the limitations from your disability.  This value is referred to as “Substantial Gainful Activity (“SGA”). If you are able to work at SGA levels, SSA will not consider you to be disabled. For 2018, that monthly rate is $1,220.00 for a non-blind individual and $2,040.00 for a blind individual. Thus, if you are able to earn such monthly earnings, in spite of any impairment that you have, then you are not disabled under SSA’s definition of disability.

2.      SSA has increased the amount that a person can earn during a Trial Work Period.

SSA allows SSDI recipients to test their ability to work in a program called a Trial Work Period (“TWP”). During a TWP, a SSDI recipient is able to work for 9 month period without being at risk for losing his/her benefits. These months do not have to be consecutive. Specifically, SSA looks to see whether an individual can earn at certain levels over a rolling 60 month period. If a person exceeds certain monetary levels for 9 months (even if not consecutive) over a 5 year period, then the TWP has been exhausted. SSA will then look to see if a person has exceeded SGA values (see above) to determine whether or not, the person is still under a disability. For 2019, SSA will consider any month in which a SSDI recipient earns more than $880.00 to be a month in which goods and services have been performed at a TWP level.

3.      SSA has increased the value of a quarter of coverage.

In order to receive SSDI benefits, you must be insured for benefits. This means you must have paid into the Social Security system through the Federal Insurance Contributions Act (“FICA”). An individual must have worked a sufficient amount of quarters to be entitled to these benefits. Every year a person can earn up to 4 quarters. For 2019, one quarter of coverage is $1,360.00. This means you must earn at least $5,440.00 for 2019 in order to obtain all 4 quarters for the year. 

For more information, please see: https://www.ssa.gov/news/press/factsheets/colafacts2019.pdf

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

 

SSA Announces a Cost-of-Living Adjustment (“COLA”) for 2019

The Social Security Administration has announced a 2.8 percent benefit increase for 2019. This cost-of-living adjustment (“COLA”) will begin on December 31, 2018 for Supplemental Security Income (“SSI”) beneficiaries. Social Security Disability Insurance (“SSDI”) and Social Security Retirement recipients will see the effects of the COLA in their January 2019 benefit payments. This COLA will affect the more than 67 million Americans who receive monthly Social Security and Supplemental Security Income benefits.

Additionally, the maximum amount of earnings subject to Social Security tax will be increased from $128,400 to $132,900.

For more information on the 2019 COLA adjustment, please see https://www.ssa.gov/news/press/releases/2018/#10-2018-1

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot me an email at megan@westcoastdisability.com or call us at (800) 459-3017 x 103.

How Are Administrative Law Judges Hired?

My clients frequently ask me how the Social Security Administration (“SSA”) selects the Judges to hear their disability claim. Up until July 10, 2018, Administrative Law Judges (“ALJ”) were hired through a competitive process that was conducted by the Office of Personnel Management. It involved an application, a series of online and in-person tests that took place in the D.C. area, followed by a structured interview. The process was lengthy and could take a full year. Once all the results were in, the ALJ candidates would receive a score. If the score was high enough, the candidate would be placed on an ALJ register and potentially receive an interview at one of the Federal agencies looking to hire an ALJ, if the location of position matched a location that the ALJ candidate selected as an area he or she would serve.

This all changed on July 10 2018, however. On said date, President Donald J. Trump signed an executive order excepting ALJs from competitive service and assigned the hiring process of ALJs to the individual agencies where they would serve. Unfortunately, as the Office of Personnel Management has historically competitively screened the ALJ candidates, the individual agencies do not have a process in place for hiring ALJs at this time. The fear is this can impact the already exceedingly long backlogs at the hearing offices.

This significant order was issued at least in part due to the Supreme Court’s recent decision in Lucia v. Securities and Exchange Commission, No. 17-130 (June 21, 2018) which questioned whether ALJs had been properly appointed in keeping in line with the Appointment Clause of the Constitution. The fear of course is that replacing the hiring of ALJs with a noncompetitive or meritless process will open the door to a political cronyism.

A bill has been introduced by Sens. Maria Cantwell, D-Wash., and Susan Collins, R-Maine, to restore a competitive process that would be overseen by the Office of Personnel Management, but defer to the Lucia decision by requiring that an agency head make the final appointment of the ALJ.

All we know for now is that ALJ candidates who have already been on the hiring register received emails this week letting them know that the register was now closed. Other than that, there is a lot of speculation as to the next steps the agencies will take to hire new judges and to whether the proposed bill will get the traction it needs to restore the ALJ hiring process back to a competitive format. 

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Start Planning To Get Your California Real ID

Start Planning To Get Your California Real ID

It may seem like an odd choice of topic for a disability blog, but I wanted to tell you abut California’s REAL ID card that you will need to take a domestic flight or enter a Federal building after October 1, 2020. While this change is still a couple years off, the process is more time consuming than a normal driver’s license renewal, so I thought it was worth talking about. Additionally, if you do not replace your current driver’s license with a real ID by October 1, 2020, you will be barred from all domestic flights or from entering a Federal building or Social Security office unless you have an alternative form of identification, like a valid passport. Thus, when it comes time to renew your driver’s license, OR if your current driver’s license expires before the October 1, 2020 deadline, you will want to make plans to obtain a Real ID.

Important Facts to Know About the Real ID

·         The Department of Motor (“DMV”) vehicles has started issuing Real IDs as of January 22, 2018.

·         You cannot renew your driver’s license by mail or online to get a Real ID. The DMV is still allowing online and main-in renewals, but only for non-Federally compliant identification cards which will come with prohibitive restrictions on travel and entering Federal buildings.

·         The DMV is extremely backlogged (though not as bad as what we are seeing with SSA 😊). When I scheduled my license renewal to secure a Real ID, the first available appointment was 7 weeks in the future.

·         In order to obtain a real ID, you must bring in an original or certified copy of a birth certificate, US passport, permanent resident card, or other original proof of identity.

·         You also must bring in proof of your Social Security Number with certified proof such as a SSN card, W-2, or paystub with full SSN. Original or certified copies are required.

·         You need a California residency document such as a utility bill, rental agreement, mortgage bill, or medical document that has your name and address on it. Make sure your name is spelled correctly on it.

·         If your identity document is in a different name, you will need to provide a certified name change document such as a marriage license, divorce decree or court document. No photocopies will be accepted.

The Read ID is meant to provide more security for our citizens, but obtaining said ID takes some planning and patience. Make sure you make an appointment to get a Real ID, rather than do a walk-in appointment. The local DMV offices are so backlogged right now, that walk-ins can end of wasting most of the day sitting in long DMV lines. For more information on the real ID process, please visit, https://www.dmv.ca.gov/portal/dmv/detail/realid/realidfaq

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Social Security Trust Funds Expected to Be Depleted by 2034

The Social Security Board of Trustees released its annual report on the financial health of Social Security’s combined trust fund reserves this month. The Old Age and Survivors Insurance and Disability Insurance (“OASDI”) trust funds are expected to be depleted in 2034. At that time, recipients would only be eligible for 79 percent of their estimated benefits unless Congress takes action to strengthen the programs that fall under the Social Security Administration’s (“SSA’s”) umbrella. This expected depletion date aligns with the predictions from last year.

Last year alone, SSA paid out $941 billion to 62 million beneficiaries. Total expenditure by SSA for 2017 amounted to over $952 billion. SSA brought in a total income of $997 billion for 2017.

No one knows what SSA’s future looks like. After all, the program is 83 years old and has undergone various adaptations over the years. SSA will undoubtedly continue to evolve over the next 16 years as we approach the expected depletion date.

While SSA has helped countless numbers of retirees and disabled individuals since 1935, there is no guarantee that it will continue to exist in the exact format that we are used to seeing. Keep in mind that the programs administered by SSA were never meant to be complete income replacement programs. Rather, SSA is set up to operate like any other insurance program and is meant to supplement people’s savings and other private investments. Thus, it is important to continue to try to save for your future independently to what you expect to receive from SSA down the line. After all, you have no idea what SSA will look like by the time you retire or if you are affected by disabilities.

For more information and statistics in regards to SSA’s annual report, please visit: https://www.ssa.gov/news/press/releases/2018/#6-2018-1

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.