The Department of Justice today announced a settlement agreement under the Americans with Disabilities Act (ADA) with Intellitec Colleges in Colorado Springs, Grand Junction and Pueblo to ensure access to its technical colleges for individuals with disabilities.
Intellitec offers career training programs for automotive technicians, drafting, medical and dental assistants, administrative professionals and more at its three campuses. The agreement requires, among other things, that Intellitec remove barriers to access at its existing facilities, ensure that future construction complies with the ADA, and ensure that any future alterations to existing facilities are, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities. The agreement with Intellitec is the result of a compliance review conducted by the department.
"This agreement with a long-standing technical school will help ensure that job skills training is available to everyone, including individuals with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "It is a top priority of the Justice Department to enforce the laws that guarantee that persons with disabilities have equal access to educational opportunities and the doors those opportunities open."
The ADA prohibits discrimination by public accommodations on the basis of disability, including nursery, elementary, secondary, undergraduate or postgraduate private schools, and other places of education. Those interested in finding out more about these agreements or seeking information about and how to comply with the ADA can find out more at www.ada.gov.
Friday, December 18, 2009
Colorado Extends Tier III Unemployment Benefits
Additional Weeks of Unemployment Benefits Now Being Provided to Unemployed Coloradans
A recent federal law granted a third federal extension of unemployment benefits in Colorado, and according to the Department of Labor and Employment, payment of those benefits began last week. The soonest that states were authorized to begin making payments was the week of December 7 and Colorado is among the first five states in the nation to begin issuing payments under this latest tier of extended benefits. Already, 10,000 claimants have had additional unemployment payments loaded onto their debit cards.
The new law provided more money to Colorado residents who have run out of money on their regular unemployment claims and on the other two prior extensions to their unemployment benefits. This latest extension is called Tier III of Emergency Unemployment Compensation (EUC) adds a maximum of one week of benefits for Tier II. It also provides a maximum of 13 weeks of benefits for those who have run out of benefits on other extensions. Payment of Tier III benefits will be retroactive to November 8, 2009.
“These additional weeks address a real, kitchen-table issue for so many Colorado families that are running out of funds,” says Donald J. Mares, Executive Director of the Colorado Department of Labor and Employment. “It will provide a measure of financial stability to people who are worried about making the rent and buying groceries when their unemployment runs out.”
For more information, visit www.coworkforce.com.
A recent federal law granted a third federal extension of unemployment benefits in Colorado, and according to the Department of Labor and Employment, payment of those benefits began last week. The soonest that states were authorized to begin making payments was the week of December 7 and Colorado is among the first five states in the nation to begin issuing payments under this latest tier of extended benefits. Already, 10,000 claimants have had additional unemployment payments loaded onto their debit cards.
The new law provided more money to Colorado residents who have run out of money on their regular unemployment claims and on the other two prior extensions to their unemployment benefits. This latest extension is called Tier III of Emergency Unemployment Compensation (EUC) adds a maximum of one week of benefits for Tier II. It also provides a maximum of 13 weeks of benefits for those who have run out of benefits on other extensions. Payment of Tier III benefits will be retroactive to November 8, 2009.
“These additional weeks address a real, kitchen-table issue for so many Colorado families that are running out of funds,” says Donald J. Mares, Executive Director of the Colorado Department of Labor and Employment. “It will provide a measure of financial stability to people who are worried about making the rent and buying groceries when their unemployment runs out.”
For more information, visit www.coworkforce.com.
Thursday, December 17, 2009
Job Losses Spur SSDI/SSI Applications
The Social Security Administration says that applications for SSDI and SSI benefits have skyrocketed about 30 percent -- a result of the widening recession and a large swath of applicants being recently laid off.
MSNBC.com has put together an exhaustive and interesting report on the application boom...including personal stories about applicants in the midst of the process, as well as an overview of the impact that the tsunami of applications is having on the already overburdened ability for the SSA to process applications.
"According to the Social Security Administration, which runs the two main federal disability programs, new claims for disability benefits rose nearly 17 percent nationwide in fiscal year 2009, to 3 million. Disability filings are projected to rise another 10 percent in fiscal 2010, to 3.3 million new claims," MSNBC.com reports.
Read the full analysis from MSNBC.com here.
MSNBC.com has put together an exhaustive and interesting report on the application boom...including personal stories about applicants in the midst of the process, as well as an overview of the impact that the tsunami of applications is having on the already overburdened ability for the SSA to process applications.
"According to the Social Security Administration, which runs the two main federal disability programs, new claims for disability benefits rose nearly 17 percent nationwide in fiscal year 2009, to 3 million. Disability filings are projected to rise another 10 percent in fiscal 2010, to 3.3 million new claims," MSNBC.com reports.
Read the full analysis from MSNBC.com here.
Monday, December 14, 2009
Social Security Sending Corrected Benefit Notices
The Social Security Administration earlier this month mailed notices that contained incorrect January 2010 payment dates. These erroneous notices went to about 6 million beneficiaries who receive their payments on either the second, third, or fourth Wednesday of each month, and are part of the annual benefit notices that go to 52 million Social Security beneficiaries. In the notice the payment date is incorrectly shown as one week before what the actual date of payment will be. The other information in the notice, including the payment amount, is correct. Social Security is sending a letter explaining the error to beneficiaries who received the incorrect one as soon as possible.
“We apologize for the inconvenience and confusion these incorrect notices will cause,” said Michael J. Astrue, Commissioner of Social Security. “The problem was caused by an unfortunate human error. We are correcting the misinformation as quickly as possible, and we are reviewing our processes closely to prevent this type of mistake from happening in the future. People receiving Social Security benefits in January 2010 should know that their payment will arrive on the same payment day that it has arrived in the past.”
For more information, visit www.socialsecurity.gov.
“We apologize for the inconvenience and confusion these incorrect notices will cause,” said Michael J. Astrue, Commissioner of Social Security. “The problem was caused by an unfortunate human error. We are correcting the misinformation as quickly as possible, and we are reviewing our processes closely to prevent this type of mistake from happening in the future. People receiving Social Security benefits in January 2010 should know that their payment will arrive on the same payment day that it has arrived in the past.”
For more information, visit www.socialsecurity.gov.
Friday, December 11, 2009
DORA Orders 9.7% Decrease in WC Loss Costs
Colorado employers will be looking forward to additional financial relief next year by paying lower premiums for workers' compensation insurance due to the announcement that a significant component of workers' compensation premiums, known as loss costs, will drop 9.7 percent..
"Colorado employers could see as much as $84 million in reduced premiums for workers' compensation insurance, if all insurers implemented the revised loss costs with no further adjustments,” said Colorado Insurance Commissioner Marcy Morrison in a statement.
It is expected that the ultimate savings to consumers will be significant, but smaller than the maximum projection because rate filings will be made by individual insurers before the loss cost reduction goes into effect on Jan. 1. However, many employers will realize a savings in their workers' compensation premiums compared to last year.
“In this tough economy, it’s vital that state government is a strong and effective partner for Colorado businesses,” said Gov. Ritter. “This nearly 10 percent reduction in the loss costs factor in setting workers’ comp insurance premiums is extremely good news for businesses across the state. Our economy is doing better here than in many other states, and this will only help.”
The loss cost reduction is based on a continuing decrease in the number of claims filed in 2008.
“Workers compensation insurance loss costs have declined more than 50 percent since 2000, and this year’s decrease represents the eighth decrease in nine years,” Commissioner Morrison said. “This continuing trend indicates that workplaces are much safer than they have been in the past, and that employees are performing their duties in safer manners. Safety programs introduced by employers and insurance companies over the past several years are improving the Colorado workers compensation claims data, and that improvement continues to drive loss costs downward.”
For more information, click here (PDF link).
"Colorado employers could see as much as $84 million in reduced premiums for workers' compensation insurance, if all insurers implemented the revised loss costs with no further adjustments,” said Colorado Insurance Commissioner Marcy Morrison in a statement.
It is expected that the ultimate savings to consumers will be significant, but smaller than the maximum projection because rate filings will be made by individual insurers before the loss cost reduction goes into effect on Jan. 1. However, many employers will realize a savings in their workers' compensation premiums compared to last year.
“In this tough economy, it’s vital that state government is a strong and effective partner for Colorado businesses,” said Gov. Ritter. “This nearly 10 percent reduction in the loss costs factor in setting workers’ comp insurance premiums is extremely good news for businesses across the state. Our economy is doing better here than in many other states, and this will only help.”
The loss cost reduction is based on a continuing decrease in the number of claims filed in 2008.
“Workers compensation insurance loss costs have declined more than 50 percent since 2000, and this year’s decrease represents the eighth decrease in nine years,” Commissioner Morrison said. “This continuing trend indicates that workplaces are much safer than they have been in the past, and that employees are performing their duties in safer manners. Safety programs introduced by employers and insurance companies over the past several years are improving the Colorado workers compensation claims data, and that improvement continues to drive loss costs downward.”
For more information, click here (PDF link).
Thursday, December 10, 2009
CO Court of Appeals Hears WC Case at Aurora High School
The Colorado State Court of Appeals kicked off its Courts in the Community program with a unique event at Overland High School this week -- court proceedings in front of about 200 students.
According to the Aurora Sentinal, the Courts in the Community program is designed to introduce students to the unique functions of the appellate court with actual cases instead of mock trials. The event included an appeal for a workers' compensation case -- Safeway Inc. and Michael Arellano v. Martinson Snow Removal Inc. -- in effort to illustrate contract law, followed by a DUI case.
Students were encouraged to ask the presiding judges and lawyers questions about the case, though no judgement was given on either appeal during the event.
For more information, visit http://www.aurorasentinel.com/.
According to the Aurora Sentinal, the Courts in the Community program is designed to introduce students to the unique functions of the appellate court with actual cases instead of mock trials. The event included an appeal for a workers' compensation case -- Safeway Inc. and Michael Arellano v. Martinson Snow Removal Inc. -- in effort to illustrate contract law, followed by a DUI case.
Students were encouraged to ask the presiding judges and lawyers questions about the case, though no judgement was given on either appeal during the event.
For more information, visit http://www.aurorasentinel.com/.
SSA's Adult Disability Starter Kit
The Social Security Administration has updated its Adult Disability Starter Kit, a series of electronic resources for individuals considering applying for SSDI benefits.
Available here, the kit includes informational resources, access to an online application, medical and job worksheets, a checklist for the adult disability interview, and more.
For more information, visit http://www.socialsecurity.gov/.
Available here, the kit includes informational resources, access to an online application, medical and job worksheets, a checklist for the adult disability interview, and more.
For more information, visit http://www.socialsecurity.gov/.
Friday, December 4, 2009
ODAR Backlog Shrinks in FY09
For the first time in 10 years, the Office of Disability Adjudication & Review (ODAR) has ended its fiscal year with fewer pending hearings than in the previous year.
According to an SSA press release, ODAR has improved the average processing time to less than 500 days (down from 514 in FY2008)...part of the, "largest expansion in decades of its capacity to hear disability appeals."
The expansion is also moving forward in early FY2010, SSA reports, with plans to hire an additional 226 administrative law judges and corresponding support staff.
For more information, visit http://www.ssa.gov/.
According to an SSA press release, ODAR has improved the average processing time to less than 500 days (down from 514 in FY2008)...part of the, "largest expansion in decades of its capacity to hear disability appeals."
The expansion is also moving forward in early FY2010, SSA reports, with plans to hire an additional 226 administrative law judges and corresponding support staff.
For more information, visit http://www.ssa.gov/.
Tuesday, December 1, 2009
Colorado DWC OAC Adds Online Access
The Colorado Office of Administrative Courts has expanded its website to include instant access to workers' compensation decisions.
Links to specific decisions can be found through the OAC website at www.colorado.gov/cs/Satellite/DPA-OAC/OAC/1194261892662.
The Office of Administrative Courts is Colorado's centralized administrative court system. Most States and the federal government have established similar specialized legal processes within the executive branch. This structure enables both agencies and citizens to have certain disputes resolved while avoiding the time and expense of litigation in district court. In 1976, the General Assembly created Division of Administrative Hearings as a central panel of administrative law judges ("ALJs") to decide workers' compensation, human services, licensing and a variety of other cases.
Links to specific decisions can be found through the OAC website at www.colorado.gov/cs/Satellite/DPA-OAC/OAC/1194261892662.
The Office of Administrative Courts is Colorado's centralized administrative court system. Most States and the federal government have established similar specialized legal processes within the executive branch. This structure enables both agencies and citizens to have certain disputes resolved while avoiding the time and expense of litigation in district court. In 1976, the General Assembly created Division of Administrative Hearings as a central panel of administrative law judges ("ALJs") to decide workers' compensation, human services, licensing and a variety of other cases.
Wednesday, November 25, 2009
SSA Investigates California, Hawaii DDS
The Social Security Administration's Inspector General has opened up an investigation into allegations that the states of California and Hawaii have recently implemented practices that deny applicants the right to receive full consideration of their Social Security disability claims.
In a memo to Patrick P. O’Carroll, Inspector General, Social Security Administration, Commissioner Michael Astrue writes, “As you know, Gov. Schwarzenegger has insisted on furloughing California Disability Determination Service (DDS) employees, despite the fact that we fully fund both their salaries and overhead. According to Congressman Robert Filner, the State is attempting to find ways to improperly circumvent the effects of the furlough at the expense of some of the State residents who are in the greatest need.”
At a hearing before the House Ways and Means Subcommittee on Social Security last week, Congressman Filner (D-CA) testified that the California DDS is denying the claims of disability applicants who fail to return a 25-page report within 20 days – a practice which has been adopted since the institution of furloughs. He reported that one office had closed 30 percent of its cases due to the applicants’ failure to return the completed form within 20 days. In addition, he testified the California DDS may be manipulating its service numbers by assigning claims to fictional examiners or supervisors. According to the Congressman, this scheme would allow the DDS to hide the fact these cases are not actually being reviewed.
“I am concerned about the State of Hawaii DDS, which is furloughing its DDS employees for as many days as California, and which has made statements about new business efficiencies that closely track statements made by California officials,” Commissioner Astrue writes to the Inspector General. “Accordingly, I ask that you also review that agency to ensure they are also fully adhering to all SSA rules and policies.”
For more information, visit www.socialsecurity.gov.
In a memo to Patrick P. O’Carroll, Inspector General, Social Security Administration, Commissioner Michael Astrue writes, “As you know, Gov. Schwarzenegger has insisted on furloughing California Disability Determination Service (DDS) employees, despite the fact that we fully fund both their salaries and overhead. According to Congressman Robert Filner, the State is attempting to find ways to improperly circumvent the effects of the furlough at the expense of some of the State residents who are in the greatest need.”
At a hearing before the House Ways and Means Subcommittee on Social Security last week, Congressman Filner (D-CA) testified that the California DDS is denying the claims of disability applicants who fail to return a 25-page report within 20 days – a practice which has been adopted since the institution of furloughs. He reported that one office had closed 30 percent of its cases due to the applicants’ failure to return the completed form within 20 days. In addition, he testified the California DDS may be manipulating its service numbers by assigning claims to fictional examiners or supervisors. According to the Congressman, this scheme would allow the DDS to hide the fact these cases are not actually being reviewed.
“I am concerned about the State of Hawaii DDS, which is furloughing its DDS employees for as many days as California, and which has made statements about new business efficiencies that closely track statements made by California officials,” Commissioner Astrue writes to the Inspector General. “Accordingly, I ask that you also review that agency to ensure they are also fully adhering to all SSA rules and policies.”
For more information, visit www.socialsecurity.gov.
Monday, November 23, 2009
SSDI Question of the Day
Upon submitting an application for SSDI benefits, the Social Security Administration reviews your a disability claim and makes a determination to see if you meet basic requirements. They will determine if you’ve worked enough years and properly reported earnings, as well as evaluate your current work activities. When the minimum requirements are met, SSA delivers your application to the local Disability Determination Services (DDS) office.
What does DDS do with my application?
DDS completes the initial disability determination which is done by a variety of disability specialists and other medical professionals who review your application, obtain medical records from your treating doctors and consider the facts of your case. This medical evidence is used to determine the full extent of your limitations, the history of treatments you’ve received, and other critical factors related to your ability to work—such as sitting, walking, lifting weight, remembering instructions and more. DDS may request additional medical information to substantiate your disability claim, or require you to have a special examination (at their expense).
Upon completion of their review, DDS will notify you if your claim has been approved or denied. If approved, the notification will include the amount you are scheduled to receive, as well as other important information. If denied, you should request a hearing to appeal their decision.
Do you have a question about social security disability issues here in Colorado? Call me today.
What does DDS do with my application?
DDS completes the initial disability determination which is done by a variety of disability specialists and other medical professionals who review your application, obtain medical records from your treating doctors and consider the facts of your case. This medical evidence is used to determine the full extent of your limitations, the history of treatments you’ve received, and other critical factors related to your ability to work—such as sitting, walking, lifting weight, remembering instructions and more. DDS may request additional medical information to substantiate your disability claim, or require you to have a special examination (at their expense).
Upon completion of their review, DDS will notify you if your claim has been approved or denied. If approved, the notification will include the amount you are scheduled to receive, as well as other important information. If denied, you should request a hearing to appeal their decision.
Do you have a question about social security disability issues here in Colorado? Call me today.
Thursday, November 19, 2009
Did You Know?
Under the Colorado Division of Workers' Compensation 2009 Maximum Benefits Schedule, the maximum benefit rate for Temporary Total Disability, Temporary Partial Disability, Permanent Total Disability and Death Benefits is 91% of your Average Weekly Wage or $ 807.24.
To qualify, a wage of $1,210.86 per week must be earned, and your benefits would be payable at least once every two weeks.
For a complete breakdown of the 2009 Maximum Benefits Schedule, click here (PDF Link).
To qualify, a wage of $1,210.86 per week must be earned, and your benefits would be payable at least once every two weeks.
For a complete breakdown of the 2009 Maximum Benefits Schedule, click here (PDF Link).
SSA Hosts Disability Hearing on Compassionate Allowances & Schizophrenia
The fifth event in a series of hearings on the Compassionate Allowances was hosted this week by SSA Commissioner Michael J. Astrue, as well as Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and other Social Security executives.
In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. The hearings are part of a larger effort by the administration to network with the nation's leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.
"Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties," said Commissioner Astrue. "The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness...Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need. This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months."
To see a webcast of this week's hearing, visit www.socialsecurity.gov/compassionateallowances.
In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. The hearings are part of a larger effort by the administration to network with the nation's leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.
"Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties," said Commissioner Astrue. "The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness...Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need. This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months."
To see a webcast of this week's hearing, visit www.socialsecurity.gov/compassionateallowances.
Monday, November 16, 2009
SSA Debuts Enhanced Online Retirement Estimator
The Social Security Administration's online Retirement Estimator, available at www.socialsecurity.gov/estimator, now can provide immediate and personalized benefit estimates to people who have enrolled in Medicare but have not yet filed for Social Security benefits. Previously, these “Medicare only” beneficiaries would need to contact a local office in order to obtain an estimate of their benefits. Currently, about a half-million people file for Medicare each year and delay filing for Social Security benefits.
“Social Security’s Retirement Estimator has been a huge success - with the agency providing over four million personalized retirement estimates to Americans since its launch last year,” said SSA Commissioner Michael J. Astrue said. “With more people delaying retirement beyond the Medicare eligibility age, it is critical that they also have access to this easy-to-use online tool.”
The Retirement Estimator is interactive and allows users to compare different retirement options. For example, a person can change retirement dates or expected future earnings to better determine the impact on their future benefits and decide the best time to retire. The Retirement Estimator presently is the highest-rated government online service in customer satisfaction and, according to the University of Michigan’s American Customer Satisfaction Index, it exceeds the ratings of private sector online innovators like Netflix and Amazon.
To learn more about the Retirement Estimator, click here.
“Social Security’s Retirement Estimator has been a huge success - with the agency providing over four million personalized retirement estimates to Americans since its launch last year,” said SSA Commissioner Michael J. Astrue said. “With more people delaying retirement beyond the Medicare eligibility age, it is critical that they also have access to this easy-to-use online tool.”
The Retirement Estimator is interactive and allows users to compare different retirement options. For example, a person can change retirement dates or expected future earnings to better determine the impact on their future benefits and decide the best time to retire. The Retirement Estimator presently is the highest-rated government online service in customer satisfaction and, according to the University of Michigan’s American Customer Satisfaction Index, it exceeds the ratings of private sector online innovators like Netflix and Amazon.
To learn more about the Retirement Estimator, click here.
Wednesday, November 11, 2009
Governor Restores Indigent Disability Program
Gov. Bill Ritter has issued a reversal of a previous order cancelling $7 million state Aid to the Needy Disabled (AND) program which provides emergency assistance to disabled indigent Coloradans as they apply for Supplemental Security Income through the federal government.
The move has been heralded by the Colorado Cross Disability Coalition and other indigent services resources around the state -- which all call the AND program a critical resource for thousands of area homeless disabled as they apply for federal assistance.
According to The Pueblo Chieftan, AND provides about $200 a month to more than 6,500 people in Colorado as they await word on their application for SSI assistance. The program offers critical living assistance for indigent disabled Coloradans.
For more information, click here.
The move has been heralded by the Colorado Cross Disability Coalition and other indigent services resources around the state -- which all call the AND program a critical resource for thousands of area homeless disabled as they apply for federal assistance.
According to The Pueblo Chieftan, AND provides about $200 a month to more than 6,500 people in Colorado as they await word on their application for SSI assistance. The program offers critical living assistance for indigent disabled Coloradans.
For more information, click here.
Monday, November 9, 2009
Income at Risk: Unemployment Skyrockets for Those with Disabilities
Unemployment for people with disabilities has reached its highest rate since January, according to a quarterly study by Allsup. At the same time, the Allsup Disability Study: Income at Risk shows the number of people applying for Social Security Disability Insurance (SSDI) benefits continues to climb.
Specifically, the third-quarter Allsup study shows unemployment averaged 16.1 percent for people with disabilities, compared to 9.3 percent for people with no disabilities, according to non-seasonally adjusted data from the U.S. Department of Labor.
Over time, the study shows people with disabilities consistently experience higher rates of unemployment. Monthly unemployment rates for people with disabilities during the third quarter ranged from 15.1 percent (July) to 16.9 percent (August). These are the highest monthly unemployment rates reported since the Bureau of Labor Statistics (BLS) began reporting data on unemployment rates for people with disabilities last October. Monthly unemployment rates for people with no disabilities, in comparison, ranged from 9.2 percent to 9.5 percent during the third quarter. BLS also reported that during September, more than two-thirds of the unemployed (36 percent) had been jobless for 27 weeks or more.
The Allsup Disability Study: Income at Risk shows that the number of people with disabilities unable to work and applying for SSDI continues to climb. Disability applications rose to more than 733,000 in third quarter 2009. This is up just 1 percent from the second quarter. However, year-to-date there has been a 23-percent increase in initial disability applications compared to year-to-date 2008.
“Applying for SSDI is not a quick or easy experience,” said Paul Gada of Allsup. “It’s important for people to learn if they meet the criteria and apply as early as possible, with hopes of reducing their wait to begin receiving monthly SSDI benefits.”
Specifically, the third-quarter Allsup study shows unemployment averaged 16.1 percent for people with disabilities, compared to 9.3 percent for people with no disabilities, according to non-seasonally adjusted data from the U.S. Department of Labor.
Over time, the study shows people with disabilities consistently experience higher rates of unemployment. Monthly unemployment rates for people with disabilities during the third quarter ranged from 15.1 percent (July) to 16.9 percent (August). These are the highest monthly unemployment rates reported since the Bureau of Labor Statistics (BLS) began reporting data on unemployment rates for people with disabilities last October. Monthly unemployment rates for people with no disabilities, in comparison, ranged from 9.2 percent to 9.5 percent during the third quarter. BLS also reported that during September, more than two-thirds of the unemployed (36 percent) had been jobless for 27 weeks or more.
The Allsup Disability Study: Income at Risk shows that the number of people with disabilities unable to work and applying for SSDI continues to climb. Disability applications rose to more than 733,000 in third quarter 2009. This is up just 1 percent from the second quarter. However, year-to-date there has been a 23-percent increase in initial disability applications compared to year-to-date 2008.
“Applying for SSDI is not a quick or easy experience,” said Paul Gada of Allsup. “It’s important for people to learn if they meet the criteria and apply as early as possible, with hopes of reducing their wait to begin receiving monthly SSDI benefits.”
CDA: Disability Rates Continue to Climb
The 2008 Long-Term Disability Claims Review conducted by the Council for Disability Awareness (CDA) reveals a surge in the number of American wage earners requesting and receiving long-term disability payments.
The CDA's FourthAnnual Long-Term Disability Claims Review analyzes private and public long-term disability claims data and identifies continuing and emerging disability trends among U.S. workers. Fifteen CDA member companies, representing more than 75 percent of the commercial disability insurance marketplace, submitted proprietary claim data for inclusion in this year's study. The Claims Review found that CDA member companies made nearly $8 billion in ongoing disability insurance payments to disabled individuals in 2008. CDA member companies approved long-term disability insurance benefits for 156,000 new individuals.
In addition to these private payouts, applications for the Social Security Disability Insurance (SSDI) program continued to surge in 2008. SSDI benefit applications increased 5.9 percent to 2.3 million in 2008 -- the highest ever. The program paid 7.4 million disabled workers a total of $91.3 billion in 2008 -- a 4.6 percent increase over payments made in 2007 and more than twice the $43.5 billion provided in payments to SSDI program beneficiaries 10 years ago.
For more information, visit www.disabilitycanhappen.org.
The CDA's FourthAnnual Long-Term Disability Claims Review analyzes private and public long-term disability claims data and identifies continuing and emerging disability trends among U.S. workers. Fifteen CDA member companies, representing more than 75 percent of the commercial disability insurance marketplace, submitted proprietary claim data for inclusion in this year's study. The Claims Review found that CDA member companies made nearly $8 billion in ongoing disability insurance payments to disabled individuals in 2008. CDA member companies approved long-term disability insurance benefits for 156,000 new individuals.
In addition to these private payouts, applications for the Social Security Disability Insurance (SSDI) program continued to surge in 2008. SSDI benefit applications increased 5.9 percent to 2.3 million in 2008 -- the highest ever. The program paid 7.4 million disabled workers a total of $91.3 billion in 2008 -- a 4.6 percent increase over payments made in 2007 and more than twice the $43.5 billion provided in payments to SSDI program beneficiaries 10 years ago.
For more information, visit www.disabilitycanhappen.org.
Wednesday, November 4, 2009
Insurance Journal: Colorado WC Rates Set to Drop
The Colorado Insurance Commission has revised loss costs for workers' compensation insurance providers -- a move that could reduce as much as $84 million worth of state-based workers' compensation premiums for Colorado employers, the Insurance Journal reported today.
The move is expected to bring significant savings to individual insurers, but will likely take at least a year for its impact to be felt. The loss cost reduction triggers on January 1, meaning that many providers will see no significant impact for WC filings until after that time.
According to the Insurance Journal, the loss cost reduction is based on a steady decrease in filed claims in 2008, a continuing trend that has been marked by an overall 50 percent reduction since 2000.
For more information, click here.
The move is expected to bring significant savings to individual insurers, but will likely take at least a year for its impact to be felt. The loss cost reduction triggers on January 1, meaning that many providers will see no significant impact for WC filings until after that time.
According to the Insurance Journal, the loss cost reduction is based on a steady decrease in filed claims in 2008, a continuing trend that has been marked by an overall 50 percent reduction since 2000.
For more information, click here.
Monday, November 2, 2009
SSA Launches Flu Prevention Campaign
Michael J. Astrue, Commissioner of Social Security, has announced a new campaign by the administration to raise awareness about flu prevention practices. The campaign will feature Academy Award winner Patty Duke and David Kessler, M.D., former head of the U.S. Food and Drug Administration in a new public service announcement letting people know some simple steps they can take to prevent the spread of the flu, as well as the fact that most business with Social Security can be done online by visiting www.socialsecurity.gov.
“President Obama recently declared a flu emergency and we want to be sure that Americans looking to Social Security for critical services don’t underestimate the value of the simple but important steps they can take to help protect themselves and others from the flu,” Commissioner Astrue said. “They should also know if they need to do business with Social Security but don’t want to visit an office, they can always go online to www.socialsecurity.gov.”
“President Obama recently declared a flu emergency and we want to be sure that Americans looking to Social Security for critical services don’t underestimate the value of the simple but important steps they can take to help protect themselves and others from the flu,” Commissioner Astrue said. “They should also know if they need to do business with Social Security but don’t want to visit an office, they can always go online to www.socialsecurity.gov.”
Thursday, October 29, 2009
Workers' Comp for Beginners Workshop
The Colorado Department of Labor's Division of Workers' Compensation is hosting a series of workshops to provide basic workers’ compensation knowledge and basic fee schedule knowledge to the novice medical billing and AR staff, as well as, to the insurance bill reviewing communities.
The free, whole-day workshop is focused on the basics of understanding workers' compensation and the basics of how to derive the maximum Colorado medical fee schedule value for all types of medical bills.
"The program is designed to educate the novice workers’ compensation medical biller and coder, who either bills or collect payments or workers’ compensation payers, and third-party reviewers who will review workers compensation medical bills," the division announced this week.
The Colorado Workers’ Compensation 101 Workshop for the Beginner workshop is December 7 and January 13, 2010 from 9:00 am to 4:00 pm at 633 17th Street in Denver.
For more information, click here.
The free, whole-day workshop is focused on the basics of understanding workers' compensation and the basics of how to derive the maximum Colorado medical fee schedule value for all types of medical bills.
"The program is designed to educate the novice workers’ compensation medical biller and coder, who either bills or collect payments or workers’ compensation payers, and third-party reviewers who will review workers compensation medical bills," the division announced this week.
The Colorado Workers’ Compensation 101 Workshop for the Beginner workshop is December 7 and January 13, 2010 from 9:00 am to 4:00 pm at 633 17th Street in Denver.
For more information, click here.
Website Updates Are Coming!
We're in the process of revamping our online presence and will soon have a new website, blog and more. Please stay tuned for the changes, and be sure to let us know what you think (as well as your ideas for areas of improvement).
Friday, October 23, 2009
State DWC Publishes Claim Stats
The Colorado Department of Labor, Division of Worker's Compensation has a variety of interesting WC-related statistics and other information on its website -- all related to the state's employment injury analysis.
Some key findings from the annual report include:
Some key findings from the annual report include:
- Injuries to the lower back area and knee are 25% of the lost-time claims. Strains and sprains are almost 39% of lost-time claims filed. Motor Vehicle accidents are the cause of injury in 3.4% of the lost-time claims.
- From 1995 to 2004, Colorado’s average annual employment grew by 18.2%, yet the number of lost-time claims filed has dropped by 15.5%.
- The Mining sector employs only .7% of the Colorado workforce, yet has the highest rate of claims at 25.8 per 1,000 employ0ed. The NAICS sub-sector, Couriers and Messengers, has the highest rate of claims at 52.4 per 1,000 employed.
- Males file claims at a higher rate than females in every age group.
- Motor vehicle accidents are the cause of death in 31% of fatal claims, but only 3.4% of all lost-time claims.
For more information, from the Colorado DWC, visit www.coworkforce.com/dwc.
SSDI Question of the Day
How does a Social Security attorney get paid, and am I going to lose money by working with one to get benefits?
Attorney’s fees for SSDI clients are on a contingency basis—meaning that attorneys only receive payment if your claim is successful. When your benefits are approved, the attorney receives ¼ of back benefits (not to exceed a total of $6,000). If the claim is denied, there is no fee.
Tuesday, October 20, 2009
SSA FYI: Current Law Doesn't Provide Cost of Living Adjustment for SS Benefits
Monthly Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010, as the current law doesn't provide for a cost of living adjustment (COLA). According to an SSA press release, this will be the first year without an automatic COLA since they went into effect in 1975.
“Social Security is doing its job helping Americans maintain their standard of living,” Michael J. Astrue, Commissioner of Social Security said. “Last year when consumer prices spiked, largely as a result of higher gas prices, beneficiaries received a 5.8 percent COLA, the largest increase since 1982. This year, in light of the human need, we need to support President Obama’s call for us to make another $250 recovery payment for 57 million Americans.”
The Social Security Act provides that Social Security and Supplemental Security Income benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from the third quarter of the last year to the third quarter of the current year. This year there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009. In addition, because there was no increase in the CPI-W this year, under the law the starting point for determinations regarding a possible 2011 COLA will remain the third quarter of 2008.
SSDI Question of the Day
How does Social Security define disability?
There are strict requirements under the SSA to qualify as disabled. Adults can received benefits if they have a physical and/or mental disability severe enough to keep the beneficiary from working for 12 months. Disabilities that are expected to result in death are also included. Short-term or partial disability benefits are NOT paid through Social Security.
Do you have a question about social security disability issues here in Colorado? Call me today.
Five Critical Questions Asked By SSA:
The decision regarding your disability application is a five-step process, with SSA requiring specific answers to these critical questions:
Are you working?
There is a ceiling for average monthly earnings for those applying for Social Security, and SSA will generally deny your disability if you make more than that amount. If you are not working, or your earnings are below what the SSA considers “substantial gainful activity,” then DDS proceeds to its investigation of your medical condition.
Is your disability considered “severe”? Does it limit your ability to work for at least one year?
Since Social Security does not provide temporary disability benefits, a minimum threshold of one year is required to qualify for benefits. Moreover, disabilities not deemed “severe” will not be considered by DDS.
Does your medical condition appear in the official Listing of Impairments?
Applicants with conditions such as terminal cancer, quad or paraplegia, and those awaiting a heart transplant can find their conditions on the LOI. Conditions on the list are obvious disabilities that automatically mean that you are disabled as defined by law.
While the list includes a variety of severe impairments to various parts of the body, if your condition is not listed, DDS will evaluate your condition and may then decide you are disabled.
If they do not, DDS will then proceed to the next question: Can you continue to work in your present field?
If you are able to work, they will decide you are not disabled. However, if the conditions prevent you from doing that kind of work, they move on to the next question.
Can you do any other kind of work?
Based on your medical condition, age, education, past work experience and other skills, DDS will make a determination on your ability to do other work, and thus your overall disability. If you can do other work, you are not disabled…if you can not, they will decide that you are indeed disabled.
Thursday, October 8, 2009
SSDI Question of the Day
Can credit card companies and other creditors (auto loan companies, etc.) garnish my Social Security benefits?
According to the Social Security Administration, only the federal government can garnish SS benefits. "Section 207 bars garnishment of your benefits. It can also be used as a defense in your benefits are incorrectly garnished...once paid, benefits continu to be protected under Section 207 as long as they are indentifiable as Social Security benefits."
Do you have a question about social security disability issues here in Colorado? Call me today.
According to the Social Security Administration, only the federal government can garnish SS benefits. "Section 207 bars garnishment of your benefits. It can also be used as a defense in your benefits are incorrectly garnished...once paid, benefits continu to be protected under Section 207 as long as they are indentifiable as Social Security benefits."
Do you have a question about social security disability issues here in Colorado? Call me today.
Monday, October 5, 2009
NOSSCR Posts Comprehensive SSDI FAQ
The National Organization of Social Security Claimants' Representatives (NOSSCR) has published a comprehensive list of frequently asked questions regarding the Social Security Disability process. From basic definitions to detailed information about how Social Security benefits affect Medicare and Medicaid benefits, the informational resource is a must-stop if you're looking SSDI information on the web.
Find it here!
Find it here!
Colorado SSA Is Working to Reduce Its Backlog
The Social Security Administration has released its quarterly report on the disability hearings backlog, and while the local office continues to make headway in reducing the overall backlog for the state, there is still a long way to go.
The Colorado Hearing Offices have hired more staff, and are in the midst of testing a new standardized electronic business process at two hearing offices that it expects will make significant inroads into reducing the backlog.
According to the offices, at the beginning of FY 2009, "we identified all Colorado cases that would be 850 days old or more by the end of the fiscal year. Through June, we processed 1,652, or 91 percent of these cases."
For more information from the report, click here (PDF link).
The Colorado Hearing Offices have hired more staff, and are in the midst of testing a new standardized electronic business process at two hearing offices that it expects will make significant inroads into reducing the backlog.
According to the offices, at the beginning of FY 2009, "we identified all Colorado cases that would be 850 days old or more by the end of the fiscal year. Through June, we processed 1,652, or 91 percent of these cases."
For more information from the report, click here (PDF link).
Friday, September 25, 2009
Advanced Workers' Compensation Seminar
I'll be presenting at the Advanced Workers' Compensation seminar at the Crowne Plaza Hotel in Colorado Springs on Dec. 2. This all-new WC seminar provides timely updates and insightful analysis of the most significant recent developments in this complex and dynamic area of law. If you are involved in workers' compensation practice, you will benefit from this seminar. Register today at www.sterlingeducation.com!
Thursday, September 24, 2009
WE are here to help.
Located on the west side of Colorado Springs, the Law Office of Stephanie J, Stevenson, P.C., provides experienced legal representation to people involving Workers’ Compensation and Social Security Disability claims. With determination, persistence and a strong sense of fairness Stephanie and her dedicated team have helped hundred of injured workers and people with disabling conditions receive the benefits and services to which they are entitled. Stephanie has the experience you need to ensure that your rights are protected.
WE know what you need.
Stephanie and her staff understand that in addition to the physical impact, an injury or disability can make you feel invisible - like no one is listening or that you are no longer valued at work. Stephanie and her staff listen to your concerns and help you successfully address the challenges posed by confronting big insurance companies and the Social Security Administration. Our clients can expect straight talk and personalized legal services from a team that knows how important it is to take time to learn the unique issues you face in order to put your best case forward. We know you want to be kept informed, so we provide regular updates about the progress of your case.
WE know and help make the law.
The team at the Law Office of Stephanie J. Stevenson, PC, works hard to keep up on the most recent developments in the law and to make law that helps injured workers. Stephanie serves on the board of the Colorado Workers’ Compensation Education Association; is a member of the National Association of Social Security Claimants’ Representatives; the Ben S. Wendelken Inn of Court; and National Association of Consumer Advocates. Stephanie has taken her client’s cases all the way to the Colorado Court of Appeals and the Colorado Supreme Court where she won complex cases which continue to benefit injured workers throughout the state.
WE treat you right.
While we cannot guarantee the outcome of your case, you can be assured that at the Law Office of Stephanie J. Stevenson, PC we will always tell you the truth and treat you with courtesy and respect. Your phone calls will be returned, your questions answered, and you will get a great legal team that will fight on your behalf.
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