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]]>Does it seem like there are a lot of Continuing Disability Reviews in California? It is because there are. The OIG has a unit called Cooperative Disability Investigations (“CDI”) in which they work with State Disability Determination Services (“DDS”) and local law enforcement to identify and resolve issues of fraud and abuse in continuing disability claims. The OIG received 570 allegations in California alone, more than in any other state. Of those cases, 183 of them were denied. I.e., benefits were terminated. The OIG estimated that this resulted in a $12,505,334 savings to SSA. So interestingly, less than half of them resulted in benefits being terminated but would explain why it seems we are seeing many continuing disability reviews. (See p. 21 of the report.) (It should be noted that these statistics reflect only those allegations that the OIG acted upon. SSA conducts more that are not initiated by OIG.) There are other interesting facts and figures in this report that warrant review. For instance, the OIG receives a large number of allegations of fraud and abuse. Within the six month period between October 1, 2013 and March 31, 2014, they received over 58,000 allegations. Most of these came from SSA employees themselves. Their agents closed more than 3,700 criminal investigations resulting in 230 arrests, over 630 indictments and informations, over 580 criminal convictions and 170 civil judgments/civil monetary assessments.
The report summarizes cases of fraud and abuse and misuse of SSNs that the OIG has investigated. It covers fraud on the part of claimants as well as fraud by SSA employees. Reports of fraud and corruption seem to occur in all states. In California, the OIG highlighted the case of a woman who failed to report her marriage and assets and was collecting SSI. She had allegedly been collecting SSI from 2002 – 2013 but had neglected to tell SSA that she married in 2002 and purchased a home with her husband in 2008. According to OIG, she had also made other false statements and misrepresentations to SSA about her marital status and who was living in her household. The OIG imposed a penalty of $71,000 and a $62,717 assessment for a total civil monetary penalty of $133,717. (See p. 25)
As a result of their investigations the OIG placed $6 million in funds to better use and helped SSA to save $165,340,379.
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]]>The post Am I eligible for SSI if I am in a domestic partnership and my partner makes a lot of money? appeared first on Law Office of Geri N. Kahn.
]]>I was not concerned about the medical evidence when I received this call. What I first wondered was whether Jim was financially eligible. In order to be eligible for SSI, an individual must have a low income and few assets. Specifically, an individual cannot have more than $2,000 in resources. When an individual is married, the resources of his spouse are deemed to be his. A married couple may have up to $3,000 in resources and still be eligible for SSI.
The only good feature about the Defense of Marriage Act, (“DOMA”), is that it actually helps in a case like this in an odd way. DOMA states that the federal government recognizes marriage as between a man and a woman. Since the Social Security Administration is a federal agency, they only recognize this definition of a “married” couple. Homosexual couples are not considered married and thus the deeming provisions do not apply. Jim will be treated as a single individual even though he is in a domestic partnership. Although I want DOMA to be declared unconstitutional, for Jim ‘s purpose the current law is helpful. Because Jim is not married, the Social Security Administration does not deem his partner’s income to him. So although he and his partner are living like a married couple, the fact that their marriage is not recognized makes Jim eligible for SSI.
Even though Jim is eligible to apply, he most likely will not receive very much. If Jim is approved for SSI, the value of food and housing that he receives from his partner, may reduce his overall benefit amount.
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]]>The post How much can I earn and keep my SSI? appeared first on Law Office of Geri N. Kahn.
]]>If you think you would like to try working again but do not want to lose your SSI, Social Secuirty has a program called Ticket to Work which can help you try and re-enter the work force without losing your benefits during your attempt.
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]]>In the meantime, I would like to mention two items of interest to people who may be caring for an individual with Alzheimer’s. First, the Social Security Administration processes claims for an individual who has “early-onset Alzheimer’s disease” under the compassionate allowance policy. This means that the Social Security Administration acknowledges that the individual has a serious disability and will process the claim quickly and with minimal medical evidence. If you are caring for someone with early-onset Alzheimer’s disease, you should assist him or her as soon as possible to apply. The income will no doubt be beneficial.
Second, from personal experience, I highly recomend joining a caregiver support group. The Alzheimer Association is a wonderful organization and can assist you in locating a group. I am pleased that I can also recommend a new online caregiver support group on Second Life©. On Monday, August 30, 2010 at 5:30 p.m. (SL time), Zsuzsa Tomsen (RL: Susan Toth-Cohen, PhD, OTR/L) will discuss best ways to manage difficult situations when caring for persons with Alzheimer’s disease or dementia. Zsuzsa will first summarize and discuss key strategies found most helpful for caregivers in a research study using examples from the best-selling book, The 36 Hour Day. Then, participants will be asked to share their experiences about their own “best practices” for successful negotiating and managing challenging situations in caregiving. The discussion will take place at http://maps.secondlife.com/secondlife/Fatimas%20Cherished/232/85/26
I hope you will join us. If you have any questions about how to log onto Second Life and finding our group, please feel free to contact me.
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]]>The post How can I prove I am disabled if I cannot get treatment because I can’t afford it? appeared first on Law Office of Geri N. Kahn.
]]>How do you convince a judge that you are truly disabled when the medical records are non existent? The only answer is that you have to start making a record. Every county has a clinic or hospital that will see indigent persons. Yes, these clinics and hospitals are strapped for cash right now, but they exist. Go to your nearest clinic or hospital and seek out services. And then, keep going. It is not enough to go once.
I found a good website hosted by the Northern California Family Center that has most of the free or low cost clinics on it that are located in Contra Costa County and the greater bay area. It takes a lot of patience and time to obtain these services but seeking them out will help you in the long run in not only obtaining treatment for your condition but also in obtaining the evidence necessary for your case.
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]]>The post May a student on SSI receive a scholarship and remain on SSI? appeared first on Law Office of Geri N. Kahn.
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I recently received a question from a student attending a San Francisco bay area university asking whether a receipt of a scholarship would prevent him from collecting SSI. The answer is “no,” as long as the scholarship is used (or set aside) for educational expenses to be used within nine months from receipt. For more information on other items that are not counted as resources, have a look at my colleague, Tomasz Stasiuk’s blog post today on, “Do I qualify financially for SSI?”While focusing on students, it is also important to be aware that a disabled or blind student under the age of 22 who is regularly attending school, college, or vocational training may have limited earnings that are not counted against ongoing SSI benefits. In 2009, a student may earn up to $1640 per month and no more than $6,600 in the year. For more information, you may look at Social Security’s fact sheet, “SSI Spotlight on Student Earned Income Exclusion 2009 edition.”
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