Feds Update Online Medicare Application

Social Security has a new online service – an application for Medicare benefits. This new online application, which takes less than 10 minutes to complete, is for people reaching the Medicare eligibility age of 65 who want to delay filing for Social Security retirement benefits. Currently about a half-million Americans enroll in Medicare each year without applying for monthly benefits.

“Social Security’s online services are the best in all of government and exceed the top private sector companies in customer satisfaction,” said SSA Commissioner Michael Astrue. “The new Medicare application is a welcome addition to our suite of online services and will make it easier than ever to sign up for Medicare. I am thrilled that Patty Duke has once again volunteered to help us get the word out. The fact that this time her TV family has joined her makes this even more special and I thank William Schallert, Eddie Applegate, and Paul O’Keefe for their service to America. I also want to thank Dr. David Kessler, former FDA Commissioner, who appeared with Patty as a befuddled family physician in some of our spots.”

To apply online for Medicare, go to www.socialsecurity.gov and choose Retirement/Medicare under the header, “Select Below To Apply For.” You will be asked a brief series of questions. If you have a question or need additional information, there are convenient “more info” links. When you’re done, just select the “Sign Now” button to submit the application. There are no paper forms to sign, and usually no additional documents are required. If more information is needed, Social Security will contact you by phone or letter.

VA Proposes Change to Aid Veterans Exposed to Agent Orange

Proposed Regulation Change Adds Illnesses to List of Diseases Subject to Presumptive Service Connection for Herbicide Exposure

The Department of Veterans Affairs has added three new illnesses to its list of health problems related to Agent Orange, a move that is expected to make it easier for more than 100,000 veterans exposed to herbicides while serving in Vietnam and other areas to qualify for disability pay.

“This is an important step forward for Vietnam Veterans suffering from these three illnesses,” said Secretary of Veterans Affairs Eric K. Shinseki. “These warriors deserve medical care and compensation for health problems they have incurred.”

The regulation follows Shinseki’s October 2009 decision to add the three illnesses to the current list of diseases for which service connection for Vietnam Veterans is presumed. The illnesses are B cell leukemias, such as hairy cell leukemia; Parkinson’s disease; and ischemic heart disease.

The Secretary’s decision is based on the latest evidence of an association with widely used herbicides such as Agent Orange during the Vietnam War, as determined in an independent study by the Institute of Medicine (IOM). Even though this is a proposed rule, VA encourages Vietnam Veterans with these three diseases to submit their applications for compensation now so the Agency can begin development of their claims and so they can receive benefits from the date of their applications once the rule becomes final.

Over 80,000 of the Veterans will have their past claims reviewed and may be eligible for retroactive payment, and all who are not currently eligible for enrollment into the VA healthcare system will become eligible.

Other illnesses previously recognized under VA’s “presumption” rule as being caused by exposure to herbicides during the Vietnam War are:

· AL Amyloidosis,
· Acute and Subacute Transient Peripheral Neuropathy,
· Chloracne or other Acneform Disease consistent with Chloracne,
· Chronic Lymphocytic Leukemia, (now being expanded)
· Diabetes Mellitus (Type 2),
· Non-Hodgkin’s Lymphoma,
· Porphyria Cutanea Tarda,
· Prostate Cancer,
· Respiratory Cancers (Cancer of the lung, bronchus, larynx, or trachea), and
· Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma).

For more, visit www.publichealth.va.gov/exposures/agentorange.

VA Brings Disabled Veterans Winter Clinic to Colorado

More than 400 injured Veterans have signed up to take part in the National Disabled Veterans Winter Sports Clinic in Snowmass Village, Colo., the largest adaptive event of its kind in the world, scheduled from March 28 through April 2.

“This VA Winter Clinic is an extension of the superb rehabilitative care Veterans receive daily at VA medical centers across the county,” said Secretary of Veterans Affairs Eric K. Shinseki. “Through sports and other forms of recreation therapy, we can greatly improve the quality of life for many of our nation’s heroes.”

On March 11, Shinseki led the U.S. delegation to the opening ceremony of the Paralympics in Vancouver, Canada. Since 2005, VA has had a partnership with the U.S. Paralympics that establishes VA’s Winter Sports Clinic as a pipeline to provide participants to American paralympic teams engaged in national and international competition.

The Winter Sports Clinic, which is sponsored by VA and the Disabled American Veterans (DAV), teaches Veterans with disabilities about adaptive Alpine and Nordic skiing. It also introduces them to a number of other adaptive recreational activities and sports. This year's event will feature Veterans from the current conflicts in Iraq and Afghanistan.

Now in its 24th year, the clinic is an annual rehabilitation program open to U.S. military Veterans with traumatic brain injuries, spinal cord injuries, orthopedic amputations, visual impairments, certain neurological problems and other disabilities, who receive care at a VA medical facility or military treatment center.

To meet the unique needs of participants, an estimated 200 certified ski instructors for the disabled and several current and former members of the U.S. Disabled Ski Team will serve as instructors.

At the six-day event, Veterans also learn rock climbing, scuba diving, snowmobiling, curling and sled hockey. Other highlights include a self-defense workshop taught by the U.S. Secret Service and the attendance of Olympic Alpine skier Bode Miller.

States Combat Mounting Disabilty Claim Delays

The Social Security Administration's first Extended Service Team (EST) is open for business in Little Rock, Ark. The Little Rock EST will make disability decisions for state Disability Determinations Services (DDSs) that are most adversely affected by the flood of new initial disability claims resulting from the economic downturn and from counterproductive furloughs of employees at the state level.

Later this year, Social Security will open additional ESTs in Madison, Mississippi; Roanoke, Virginia; and Oklahoma City, Oklahoma. The ESTs are in states that have a history of high quality and productivity, as well as the capacity to hire and train significant numbers of additional employees.

“The strategy behind ESTs builds on our success with National Hearing Centers, where cases are handled electronically from all over the country,” Commissioner MIchael Astrue said. “These centralized units have reduced the hearings backlog and improved processing times at some of the hardest-hit hearing offices. This approach clearly works and extending it in this way can help us meet the challenge of unprecedented growth in our disability workloads.”

Social Security expects to receive more than 3.3 million applications for disability benefits this fiscal year (FY), about 700,000 more than in FY 2008. In addition, more than a dozen states are furloughing federally-funded state workers who make disability decisions for Social Security. The combination of increased workloads and state furloughs has resulted in a growing backlog of initial disability applications in state DDSs.

“More Americans than ever are turning to us for help,” said Commissioner Astrue. “I am grateful that Governor Beebe bucked the trend and recognized the value of more of our federally-funded jobs in his state. The opening of the Arkansas EST and our other planned expansions in Mississippi, Virginia, and Oklahoma will significantly benefit disabled workers and their families as well as create new job opportunities to these states during difficult economic times.”

SSA Hearings Backlog At Its Lowest Level in Five Years

Pending Cases Drop Below 700,000; Processing Time Down 72 Days

The Social Security Administration announced today that the number of disability hearings pending stands at 697,437 cases -- the lowest level since June 2005 and down more than 71,000 cases since December 2008, when the trend of month-by-month reductions began. In addition, the average processing time for hearing decisions has decreased to 442 days, down from a high of 514 days at the end of fiscal year (FY) 2008.

“We have decreased the number of hearings pending by almost 10 percent over the last 14 months and cut the time it takes to make a decision by nearly two and a half months. This remarkable progress shows our backlog reduction plan is working,” said SSA Commissioner Michael Astrue. “With ongoing support from the President and Congress as well as the efforts of our hardworking employees, I am confident the hearings backlog will continue to diminish.”

Social Security has actively addressed the hearings backlog and increased the capacity to hold more hearings. The agency hired 147 Administrative Law Judges (ALJs) and over 1,000 support staff in FY 2009, and has plans to hire an additional 226 ALJs this year. The agency now has four National Hearing Centers to help process hearings by video conference for the most hard-hit areas of the country. The agency also has aggressive plans to open 14 new hearing offices and three satellite offices by the end of the year. The first of these offices was opened in Anchorage, Alaska on February 19, 2010.

Workers' Comp Question of the Day:

What types of Workers’ Compensation benefits are available?

Workers’ Compensation is intended to help provide three primary types of benefits. First, you are entitled to reasonable and necessary medical care for your injuries. Second, you are entitled to wage loss benefits to compensate you for the time you miss from work as a result of your injury. Generally, these benefits are two thirds of your average weekly wage.

If you lose your health insurance, the cost of continuing it or in some cases replacing it should be included in your average weekly wage. Finally, you are entitled to compensation for the permanency of your injury. Once your condition is stable, your physician will assign an impairment rating. This rating is used to calculate the amount of money you will receive for the permanency of your injury.

Do you have a question about workers' compensation issues here in Colorado? Call me today.

Social Security Disability Question of the Day:

Why can’t I qualify for Social Security benefits—my doctor has told me I’m disabled?

While SSA must take your treating doctors’ opinion into consideration, your doctor does not determine whether you qualify for SSDI. Instead, you have to go through SSA’s process which includes completing an Application and a Disability Report (available online at http://www.socialsecurity.gov/).

Do you have a question about social security disability issues here in Colorado? Call me today.

Colorado DWC to Host WC Educational Conference

The Colorado Division of Workers' Compensation has announced plans to host the inaugural Colorado Workers' Compensation Educational Conference in Denver, Sept. 16-17, 2010. The conference will be held in cooperation with the International Workers' Compensation Foundation.

According to the DWC, "[t]he goal of this conference is to educate those who participate in the Colorado workers’ compensation system regarding current statutory and case law, rules, procedures, policies and forms and to provide an opportunity for dialogue among these participants."

Employers, worker representatives, medical providers and their office staff, insurance claims professionals, self-insurers, third-party administrators, safety and human resource managers, claimant’s and defense attorneys, and vocational rehabilitation providers are encouraged to attend. The conference will also feature an Exhibit Hall, presentations and workshops from experts from the Division of Workers' Compensation.

For more info or to register, visit www.coworkforce.com.

SSI Benefits Question of the Day

Are Supplemental Security Income (SSI) payments only paid to the disabled?

No. SSI payments are made also to people who are age 65 or older and have limited income and financial resources. For more information, see www.socialsecurity.gov/pubs/11000.html.

Courtesy of SSA

SSA Adds New Allowances to Speed Disability Benefits

The Social Security Administration added more than three dozen new medical conditions to its list of Compassionate Allowances -- the first expansion since the original list of 50 conditions - 25 rare diseases and 25 cancers - was announced in October 2008. The new conditions range from adult brain disorders to rare diseases that primarily affect children.

“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease,” said Commissioner Michael Astrue. “The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits. It allows the agency to electronically target and make speedy decisions for the most obviously disabled individuals. In developing the expanded list of conditions, Social Security held public hearings and worked closely with the National Institutes of Health, the Alzheimer’s Association, the National Organization for Rare Disorders, and other groups.

New Compassionate Allowance Conditions include:
1.Alstrom Syndrome
2.Amegakaryocytic Thrombocytopenia
3.Ataxia Spinocerebellar
4.Ataxia Telangiectasia
5.Batten Disease
6.Bilateral Retinoblastoma
7.Cri du Chat Syndrome
8.Degos Disease
9.Early-Onset Alzheimer’s Disease
10.Edwards Syndrome
11.Fibrodysplasia Ossificans Progressiva
12.Fukuyama Congenital Muscular Dystrophy
13.Glutaric Acidemia Type II
14.Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
15.Hurler Syndrome, Type IH
16.Hunter Syndrome, Type II
17.Idiopathic Pulmonary Fibrosis
18.Junctional Epidermolysis Bullosa, Lethal Type
19.Late Infantile Neuronal Ceroid Lipofuscinoses
20.Leigh’s Disease
21.Maple Syrup Urine Disease
22.Merosin Deficient Congenital Muscular Dystrophy
23.Mixed Dementia
24.Mucosal Malignant Melanoma
25.Neonatal Adrenoleukodystrophy
26.Neuronal Ceroid Lipofuscinoses, Infantile Type
27.Niemann-Pick Type C
28.Patau Syndrome
29.Primary Progressive Aphasia
30.Progressive Multifocal Leukoencephalopathy
31.Sanfilippo Syndrome
32.Subacute Sclerosis Panencephalitis
33.Tay Sachs Disease
34.Thanatophoric Dysplasia, Type 1
35.Ullrich Congenital Muscular Dystrophy
36.Walker Warburg Syndrome
37.Wolman Disease
38.Zellweger Syndrome

Open Goverment Project Now Includes SSA Webpage

The SSA has a new Open Government webpage available to the public at www.socialsecurity.gov/open. The new webpage serves as the portal for all agency activities that support the President’s Transparency and Open Government initiative.

“Our new Open Government webpage gives Americans an opportunity to give us their ideas on how we can become a more open and transparent agency,” Commissioner Michael Astrue said. “They will be able to post their ideas on transparency, participation, collaboration, and innovation that should be included in our Open Government Plan. I encourage everyone to visit our webpage and submit their ideas, read and discuss what has been posted, and vote on the ideas that have been submitted."

The purpose of the project is to foster the administration to work better with others inside and outside the government; solicit feedback from the public; improve the availability and quality of information; be more innovative and efficient.

Social Security’s new Open Government webpage also provides easy access to important agency information such as the Agency Strategic Plan, Freedom of Information Act Report, as well as program laws and regulations.

SSA Makes New Data Publicly Available

The Social Security Administration is making new data about beneficiaries and the agency’s disability and hearing processes available to the public. The new data supports the President’s Transparency and Open Government initiative and is available at http://www.data.gov/.

“Social Security has always valued transparency and sought to give the public user-friendly information about our programs," said SSA Commissioner Michael J. Astrue. "Each year we send millions of Americans personal information about their Social Security contributions and potential benefits. Our website www.socialsecurity.gov has a wealth of information about our programs and the Social Security trust funds. I hope the new data we are making available will lead to a better understanding of our operations and the important role we play in people’s lives. I look forward to engaging Americans in the business of their government.”

The datasets now available to the public include:

• Researchers can find out about the work-related experiences of our beneficiaries receiving Social Security disability benefits and give us policy guidance for our disability programs.
• The public can see information about hearings workloads and a breakdown of the types of decisions made by Administrative Law Judges.
• Researchers can study the effects of current and proposed legislative and program provisions.
• People who have requested a hearing on their disability claim can estimate the amount of time they may have to wait for the hearing to be held and for a decision.
• The public can see general information requested under the Freedom of Information Act.
  

“These new datasets are just the beginning of our efforts. In February we will launch our Open Government web page that will include improved access to our data in a variety of formats. In April we will publish our Open Government plan,” Astrue added.

Tax Time SSDI Tips

It's everyone's favorite season again, and with all the hustle and bustle of preparing your taxes, you likely have lots of questions regarding how your Social Security Disability or Supplemental Security Income payments may be taxed. While SSI benefits are never subject to taxes, the situation for Disability benefits is not nearly so cut-and-dry.

BankRate.com reporter George Saenz has an incredibly in-depth article on the ins and outs of reporting disability benefits, in particular for minors. A part of their larger Tax Talk segment, the interactive tax Q&A information on the site gives users expert insights on how to avoid costly penalities for misreporting their tax liabilities.

The IRS' Publication 915 also provides a useful guide for beneficiaries that have questions or concerns about accurately reporting their tax liabilities. Check it out here.

WC Law Center Announces WC Award Winners

The LexisNexis Workers' Compensation Law Center has announced the 2009 class of its annual awards: Workers' Compensation Notable People.

The recipients of the 2009 awards were selected by various organizations and experts in the field, including the Workers Injury Law & Advocacy Group (WILG), the National Workers’ Compensation Defense Network (NWCDN), the California Applicants’ Attorneys Association (CAAA), the Workers’ Compensation Forum on LinkedIn, and selected members of the Larson's National Workers' Compensation Advisory Board.

Notable honoraries include Humanitarian Award Winner H. Douglas Jones, Esq., managing partner of Jones Dietz PLLC, in Florence, Kentucky, and member of the Board of Directors for the National Workers’ Compensation Defense Network. Jones is the founder and CEO of Shoulder To Shoulder, Inc., a non-profit organization that has provided direct assistance to the working poor in Northern Kentucky on a 24/7 basis since 2006. The Leaders of Movements Award was issued to iWAR (Injured Women After Reform), a new committee at the California Applicants’ Attorneys Association, was formed for the purpose of ending discrimination against women in the workplace.

For a complete list of winners, click here.

SSDI Question of the Day

What is the Ticket to Work Program, and how would it affect my current disability benefits?

Under the purview of the Social Security Administration, the Ticket to Work Program is designed to help assist individuals collecting Social Security Disability or Supplemental Security Income re-enter the workforce if they are able to do so. It is designed to, "ensure that Social Security beneficiaries with disabilities receive the services needed to obtain and maintain gainful employment."

While SSDI recipients are often unable to return to work, many would like to do so but are in need of additional vocational training, require special accomodation by potential employers or fear losing current benefits. The Ticket to Work program helps to combat all these issues by giving participating recipients benefits while in the midst of vocational training, matching workers with employers in need of their services (and readily able to accomodate disability-driven restrictions), as well as giving participants assurances about the ability to resume SSDI benefits immediately if the attempt to begin work again is not successful.

For more information about the Ticket to Work program, click here.

SSA Required to Provide Access to Blind Applicants

If you are blind or visually impaired and receiving disability benefits or in the midst of the application process, you are covered by a recent court decision. The court case, American Council of the Blind v. Astrue, affirmed that the federal law requires the Social Security Administration to provide notices and other information about your benefits in a format in addition to print.

To request past and future notices in your preferred format, visit www.socialsecurity.gov/notices. You can also listen to a recording by calling 877-708-1776. If you are deaf or hard of hearing, the administration also provides TTY access at 800-325-0778.

By law, the SSA must always consider your request for your preferred format. They automatically grant requests for the formats listed below:

- Standard print notice by first class or certified mail; or
- Standard print notice by first class mail and a follow-up telephone call to read the notices to you within five business days of the date you get the print notice; or
- Standard print notice and Braille by first class mail (delivery begins April 15, 2010); or
- Standard print notice and a Microsoft Word compact disc by first class mail (delivery begins April 15, 2010).

DWC Updates Online Surcharge Payment Calculator

The Colorado Division of Workers' Compensation has updated its Workers' Compensation Surcharge Web Portal. The new Web application is designed to facilitate calculation of surcharge by insurers and self-insured employers.

"In Colorado, employers with one or more full or part-time employees are required to provide worker's compensation coverage for their employees, with few exceptions," the site reads. "Employers may obtain insurance through a number of methods including commercial insurance and self-insurance for those employers meeting strict financial and loss control standards or self-funding with groups or pools. Insurers and self-insured employers pay a surcharge based on a percentage of premium or premium equivalents to the Colorado Division of Worker's Compensation to offset the cost of administration of the Colorado worker's compensation system and to fund the Major Medical and Subsequent Injury Funds. Surcharge is collected semiannually.
To find out more or access the calculator directly, click here.

SSA, Chubby Checker Announce New 'Twist' in the Law

Changes Make it Easier to Qualify for Extra Help with Medicare Prescription Drug Plan Costs

Michael J. Astrue, Commissioner of Social Security, and Chubby Checker, Grammy Award winner and rock and roll legend, recently launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs. The extra help program currently provides assistance to more than nine million senior and disabled Americans -- saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov.

“The changes in the Medicare law that take effect this month will allow hundreds of thousands of Americans who are struggling to pay their prescription drug costs to get extra help during these tough economic times,” said Commissioner Astrue. “I am thrilled that Chubby Checker has volunteered to help us spread this important message through a new television, radio, and Internet spot as well as pamphlets and posters.”

“Listen up, America! For 50 years, people of all ages and backgrounds have danced the Twist,” Chubby Checker said. “Now it’s important everyone learn about this new twist in the law. Check it out at www.socialsecurity.gov.”

To qualify for extra help, people must meet certain resource and income limits. The new Medicare law eases those requirements in two ways. First, it eliminates the cash value of life insurance from counting as a resource. Second, it eliminates the assistance people receive from others to pay for household expenses, such as food, rent, mortgage or utilities, from counting as income. There also is another important “twist” in the law. The application for extra help can now start the application process for Medicare Savings Programs -- state programs that provide help with other Medicare costs. These programs help pay Medicare Part B (medical insurance) premiums. For some people, the Medicare Savings Programs also pay Medicare Part A (hospital insurance) premiums, if any, and Part A and B deductibles and co-payments.

SSA: Furloughs in California are "Illegal"

Administration Praises Court Ruling And Asks Governor Schwarzenegger to Accept Ruling and Congress to Increase Oversight

Michael J. Astrue, Commissioner of Social Security, issued the following statement regarding two recent decisions of the California Superior Court for the County of Alameda:

"When it comes to the furlough of state employees whose jobs are paid for by federal funds, California Superior Court Judge Frank Roesch ruled state officials have 'abused their discretion' and that 'such a policy is arbitrary, capricious and unlawful.' I could not agree more.

For more than a year, I have made the case that these furloughs cost states money, hurt their most vulnerable citizens, and harm hard-working civil servants. California’s furlough of Disability Determination Service (DDS) employees costs the state $849,000 per furlough day in administrative funding. More importantly, each furlough day results in a delay costing California’s disabled citizens over $420,000 in much-needed Social Security benefits. For the sake of the citizens of California, I call on Governor Schwarzenegger to reject his own failed policy and not appeal the court's ruling.

Social Security funds 100 percent of DDS employees’ salaries as well as all overhead costs -- about $2 billion nationwide this year. These funds cannot be used by the states for any other purpose, so states do not save a single penny by furloughing employees in the DDSs – they only slow getting benefits to the disabled, unduly harm its civil servants, and cost the state needed tax revenue. Nevertheless, about a dozen governors are imposing similar across-the-board hiring freezes or furloughs that also affect DDS employees. I sincerely hope Congress will use its oversight authority to investigate not just California, but the other states that are using -- or have used -- furloughs and hiring freezes for positions that are fully funded by the Social Security Administration and other federal agencies."

For more information, visit www.socialsecurity.gov.