Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families

Benefits:

Social Security

Benefits links: General & InsuranceSocial SecuritySSDI
Legal Links
(Related to my
practice areas)




Social Security - Articles

High Court Lets Government Take Fee Awards for Clients' Debts (Law.com - 6/15/10)
Attorney fee awards under a major federal fee-shifting statute are paid to the client, not to the attorney, and can be offset to pay a client's debt to the federal government, a unanimous U.S. Supreme Court ruled on Monday. The Court's decision in Astrue v. Ratliff will affect primarily lawyers and law clinics who successfully represent clients seeking Social Security or veterans benefits and who earn fee awards under the Equal Access to Justice Act.

How Social Security, IRS Handle Durable Powers of Attorney (The Seattle Times - Oct. 29, 2007)
Information and links regarding this important topic.

Part B Premiums in 2010: Frozen for Many, Higher for Some (AARP Bulletin - 5/7/09)
No Social Security cost-of-living increase next year means higher costs for some beneficiaries and states.

Preserving Social Security (Time Goes by - 5/29/10)
It’s past time that Social Security’s advocates, friends and beneficiaries quit playing defense for the single most popular American program and take the offensive against those who attack and lie about Social Security with intent to kill it.

Social Security Opens Access to Data About Disability Hearings, Processes at Data.gov (Senior Journal - 1/25/10)
What has to be seen as a good step forward in helping Americans find their way more quickly through the approval process to receive disability assistance from Social Security, the agency has made available public Online access to data about beneficiaries and the agency’s disability and hearing processes. The new data, which supports the President’s Transparency and Open Government initiative, is available at www.data.gov, which is the home page for access to new information from many federal government entities.

SSI Basics (Special Needs Answers - 12/3/09)
Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. SSI is often confused with Social Security Disability Insurance (SSDI). One of the main differences between the two programs is that SSDI is available to people with disabilities no matter how much money they earn or have, while SSI places very strict limits on a recipient's income and assets.

SSI: Reporting Your Wages Just Got Easier (Disablognd - 9/3/09)
Beneficiaries, deemors and representative payees reporting a change in wages can report their monthly wages to SSA by telephone. These instructions explain what beneficiaries, deemors, and representative payees need to do in order to use the SSA phone system to report monthly wages. The number to call is 866-772-0953.

Treasury Plans Social Security Debit Card (Wall Street Journal - Jan. 4, 2008)
The Treasury Department plans to introduce a prepaid debit card for Social Security recipients in an effort to provide safer and cheaper benefits payments.

Publications

2010 Changes In Public Benefits (Aging Alert) (posted with permission)
Social Security Cost of Living Adjustment - Beneficiaries will get no cost-of-living increase in their monthly checks in 2010. This includes pensioners of the federal government, military, diabled veterans and recipients of Supplemental Security Income (SSI). Social Security Earnings Test - In the years prior to reaching full retirement age, $1 in benefits is lost for every $2 in earnings above the limit. A different rule applies in the year an individual reaches full retirement age. For the months prior to full retirement age, $1 in benefits is lost for every $3 in earnings above the limit.

Compassionate Allowances
Social Security has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information.

Complete Social Security Handbook
Complete 727 page guide to the Social Security programs (long download).

Documents Required When Filing for SSI and/or SSDI

How to Replace Lost or Stolen Social Security Card (Colorado Social Security Law blog - 2/5/09)
Losing your Social Security card is a common problem: maybe your purse or wallet was lost or stolen. Maybe you moved. Or, you suddenly find that you Social Security card is no longer in the safe spot you put it. You need to get a replacement Social Security card! But, how do you do it?

Information About Your One-Time Payment Under the American Recovery and Reinvestment Act
The economic recovery bill signed into law by President Obama in February 2009 provides for a one-time payment of $250 to Social Security beneficiaries.

Plan to Achieve Self-Support (PASS)
PASS is an SSI provision to help individuals with disabilities return to work.
Also see Disaboom page regarding PASS.
And more info from Work World.
From Cornell University: Online Resource for PASS Application

Social Security Advisory Board
An independent, bipartisan board created by Congress and appointed by the President and the Congress to advise the President, the Congress, and the Commissioner of Social Security on matters related to the Social Security and Supplemental Security Income programs.

Social Security Handbook
Your basic guide to the Social Security programs.

Social Security - How to Apply Online for Disability Benefits (Great Places - 2/3/09)
It's easier now than ever before to apply for Social Security disability benefits. Previously, the required disability report had to be completed manually--now, though, it's easy to complete the form online and forward it electronically to the local Social Security office.

Social Security - New Program Operations Manual Systems (2/12/09)
Memorandum from Special Needs Trust Committee of Florida Bar's Elder Law Section with info and links to POMs changes.

Services and Websites

Martinez Settlement (National Senior Citizens Law Center)
The settlement of a class action lawsuit (Martinez v. Astrue) has ended the Social Security Administration’s policy of denying or suspending benefits for “fleeing to avoid prosecution,” based solely on the existence of an outstanding felony arrest warrant. In addition to abandoning the illegal policy, SSA has agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007. People whose benefits were suspended or denied between 2000 and 2006 will be notified of the change in policy and given a chance to re-establish eligibility. All told, over 200,000 people will benefit from the settlement. See link above for more info and other links.

My Employment Options
A certified SSA employment network specializing in the Ticket to Work program.

Social Security Disability SSI Benefits (Disability Secrets.com)
This site was put together by Tim Moore, a former disability-medicaid caseworker and former disability examiner for the Social Security Administration. It provides a detailed overview of how the federal disability system works (social security disability and SSI) and also provides answers to many questions that applicants typically have, but often have trouble finding answers to.

Social Security Online
The official website of the U.S. Social Security Administration.

Social Security Podcasts
Hear presentations and conversations about Social Security programs and services that benefit us all.
Administrative Law Judges' Decisions
ALJ Disposition Statistics - 2005-2008
In response to a Freedom of Information Act request, the Social Security Administration released the production numbers and approval rates for all of its administrative law judges.
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