Hot Topics in SSI & SSDI Legal Rights of Persons with Disabilities Philadelphia Bar Association

1. Hot Topics in SSI & SSDILegal Rights of Persons with DisabilitiesPhiladelphia Bar Association Rebecca Vallas, Esq. Community Legal Services Feb. 5, 2013 215.981.3797 rvallas@clsphila.org

2. CLS and PLA New COLA SSA going paperless Office closures Clark v. Astrue update Ban policy Rep payees Compassionate allowances Transition at SSA Legislative threats to disability programs Overpayments Online filing for dib benefits My Social Security New Philadelphia Application Project Agenda: Hot Topics

3. Intro to CLS and PLA • Community Legal Services • 1424 Chestnut St … 215-981-3700 • Walk-in intake daily, 9am-noon • North Philadelphia Law Center • 1410 W. Erie Ave (Broad & Erie) (new location) • 215-227-2400 – see flyer for intake days • Philadelphia Legal Assistance • 42 S. 15th St., 215-981-3800 -- see flyer for intake days

4. COLA - 2013 • New SSI max benefit rate: $710/mo ($1,066 couple) • SSDI benefits: 1.7% increase • Avg benefit: $1,132/mo • Resource limit – no change • $2,000 ($3,000 couple) • Unchanged since 1989

5. SSA Goes Paperless • May 1, 2011: new recipients must choose direct deposit or Direct Express.   • March 1, 2013: deadline for current recipients still getting paper check to switch.  • What happens March 2? Lots of nudging, notices, etc. but no automatic switch. • Exceptions: • 90+; mental impt; geo. remote • Request waiver from rule (handout) • No notary requirement effective February 2013

6. Clark v. Astrue Update • “Fleeing felon” litigation – nat’l class action • Counterpart to Martinez v. Astrue – warrant for probation/parole violations = no longer bar to eligibility • Implementation now underway (see guide) • OASDI: notices going out Oct ‘12 – Mar ‘13; reinstatement complete by Sept. ‘13 • SSI: notices & reinstatement Apr ’13 – Mar ’14 • Includes reopening denials • What to do: make sure SSA has updated address (via local FO or online at www.ssa.gov)

7. SSA Ban Policy • Safety concerns—violent incidents in FOs • Response: new regs, fall 2011: SSA can ban claimants from agency offices for threatening, disruptive conduct • Appeal rights, but essentially must do business w/SSA through third party or via phone/online/other arrangements • Concerning examples? Please share! • More info: https://secure.ssa.gov/apps10/public/reference.nsf/links/11102011123910PM

8. Rep Payees • 2012 GAO report found widespread suspension of SSI beneficiaries due to lack of rep payee • Problem: insufficient supply of rep payees for beneficiaries with SMI • SSA seeking community partners • Also: Phila. pilot in response to basement hostage incident

9. Compassionate Allowances Update • Serious, rare, often fatal conditions • Cancers, neurological disorders, etc. that can be shown to meet std. of disability via minimal medical evidence • 35 new CAs added Dec. 2012 • Now list exceeds 200 • www.ssa.gov/compassionateallowances

10. Online Filing for Dib. Benefits • www.ssa.gov • DI: can do fully online • SSI: can get claim started online • Disability report • Need to follow up w/FO later • Full online app coming

11. NEW: My Social Security • www.ssa.gov/myaccount • You can: • Get your benefit verification letter; • Check your benefit and payment information and your earnings record; • Change your address and phone number; and • Start or change direct deposit of your benefit payment. • FYI: not for appointed reps

12. Budget Austerity Hits SSA • Field office closures • Nov. 2012: field offices closed to public 30 min early every day (eg: 3:00pm instead of 3:30pm) • Jan. 2013: field offices closed to public at noon on Weds (to handle workload) • No overtime, travel freeze, mostly hiring freeze • Backlog expected to start rising again; nondib workload delays to increase too • COSS testimony on effects of budget cuts: http://www.ssa.gov/legislation/testimony_051712.html

13. Overpayments • Consequence of admin. budget woes – agency can’t keep up w/its workload • 10% withheld from SSI recipients; whole check from DI recipients • You can help (don’t need to be a lawyer) • New guides for advocates, clients • Appeal, waiver, payment plan • www.clsphila.org/overpayments

14. Transition at SSA • Cmsr. Astrue – term ended Jan 19, 2013 • Acting COSS yet to be named • Carolyn Colvin – principal Deputy Cmsr. • New COSS rumors • Nomination requires Senate confirmation, six-year term

15. Legislative Threats • House budget FY 12, 13…14? • Deficit reduction, debt ceiling negotiations • Solvency of DI trust fund • Media, GOP: “Unsustainable” growth • Hearings 2011-2012 • Proposed cuts • Chained CPI • Multi-recipient SSI households • SSI kids

16. DI Trust Fund Insolvency • What you hear: OMG! It’s going bankrupt! • The reality: OASI and DI – component trust funds • DI will no longer be able to pay full benefits owed in 2016 – this was expected by trustees in 1994! • Would pay ~80% of benefits • DI shortfall can be fixed by reallocation of payroll tax rates as in the past • 6.2% total  reallocate share to each • History of reallocation in both directions • Great overview, CBPP: www.cbpp.org/cms/?fa=view&id=3818

17. Questions? Rebecca Vallas Staff Attorney/Policy Advocate Community Legal Services rvallas@clsphila.org (215) 981-3797 www.clsphila.org