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  • The purpose of this blog is to provide information to people who have been injured due to negligence, and to those who have filed for Social Security disability benefits, or who are considering filing for Social Security disability benefits.
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  • This Blog and all materials on it have been prepared by Kraft & Associates for informational purposes only and not as legal advice. While we do attempt to keep our material up-to-date, we cannot guarantee that it is either complete or current, and it may not reflect the latest legal developments. Do not act upon any information contained in this Blog without seeking the advice of legal counsel licensed in your own state. Kraft & Associates does not wish to represent anyone who is in a state where this Blog fails to comply with all laws and ethical rules of that state. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. I am NOT your lawyer until you and I have each signed a written contract stating that I am your lawyer. The attorneys and employees of Kraft & Associates make every effort to reply to e-mail inquiries as promptly as possible. However, we cannot guarantee that we will always be able to quickly respond to your questions. If you have a time-sensitive inquiry, please call us at (214) 999-9999 or (800) 989-9999. Please feel free to send us e-mail with your comments, suggestions or questions. But understand that sending e-mail to our firm or to any attorney in the firm does not establish an attorney-client relationship. Communications between you and an attorney are not privileged until the parties have agreed upon legal representation and we cannot agree to maintain the confidentiality of such communications. Please do not send confidential information to us via e-mail without first communicating directly with us by telephone. E-mail is not a secure medium of communication. Links to other Blogs or to Web sites are not intended as endorsements of the linked sites. The linked sites are not under the control of Kraft & Associates and we are not responsible for the contents of any linked site. If you have read this whole disclaimer, congratulations on your perseverance. Please let us know any way we can help you. The entire contents of this Blog are copyright © 1997-2006, Kraft & Associates. All rights reserved. In addition, certain articles at this site are reprinted with permission as indicated therein.

Injury & Disability Counter


April 06, 2008

Disabled Often Wait Years For Social Security Disability Payments

The Dallas Morning News today published an article decrying the absurd delay between the time a disabled person files for Social Security disability benefits and the time an Administrative Law Judge finally makes a decision on the claim. Here are excerpts from the article, headlined  "Disabled often wait years for Social Security payment":

Now that most of the nation's 78 million boomers have entered their prime years for illnesses and disabilities, they're flooding Social Security with claims and creating an unprecedented backlog. Pending requests for a hearing before an administrative law judge have more than doubled to 750,000 in the last decade.

Nationally, the average wait for a judge's decision has stretched to 502 days this year, compared with 258 in 2000. At some hearing offices, the average wait approaches 800 days. In North Texas, claimants wait an average of 461 days at the North Dallas office, 453 days at the downtown office and 411 days in Fort Worth.

Even under the best circumstances, the boomers' claims would strain Social Security's workforce. But years of congressionally mandated belt-tightening have left the agency's staff at its lowest level since the 1970s. It now has fewer judges than a decade ago.

There are also allegations that private disability insurance companies are unnecessarily clogging the public system by requiring many of their applicants to file separate, and often questionable, claims with Social Security.

Social Security's new administrator, Michael Astrue, has made reducing the backlog of disability cases a priority, acknowledging that people have died before receiving a decision. His efforts have brought the first significant increase in funding in 15 years for his agency's operations.

Today, 7.2 million Americans collect Social Security disability benefits because of a medical condition that prevents them from working for at least one year. The average monthly check is $1,004.

Two of three disability claims are initially denied. Most of those who are rejected give up, but the others appeal, first to another claims examiner and then to an administrative law judge.

People who request administrative hearings often hire attorneys or other professionals, who customarily charge 25 percent of the retroactive benefits, up to $5,300, and collect only if the clients win.

Patience and tenacity can pay off. About 60 percent of those who request hearings go on to win their cases.

As frustrating as the delays have been, experts say, it's hard to blame all of them on the overworked, underfunded Social Security Administration.

At times in recent years, the agency has had only enough money to hire one employee for every three who leave. Since 2001, Congress has appropriated an average of $150 million less each year than the president requested.

"We're an agency under stress," said Greg Heineman, president of the National Council of Social Security Management Associations, whose members are the agency's managers. "We have 5,000 fewer employees than in 2005, yet more work to do."

Mr. Astrue wants to hire 50 to 75 more administrative law judges next year, but he has also pushed a number of initiatives to improve efficiency.

The reforms have included converting the remaining paper files to computer files, paying particular attention to the oldest pending cases, expediting decisions on clear-cut cases like late-stage cancer and increasing judges' productivity by relying more on video hearings, such as in remote areas.

March 25, 2008

Danger Ahead For The Social Security System

According to a CNN story today, Treasury Secretary Henry Paulson is warning about the same dangers I mentioned in a January post on this blogwe're about to run out of money for Social Security and Medicare. Here are excerpts from the article:

Treasury Secretary Henry Paulson, saying that Social Security is "financially unsustainable," called Tuesday for quick action to keep the system strong and released a report detailing the program's funding shortfalls.

The federal government will have to start paying back what it owes the Social Security trust fund in 2017 so the program can continue paying 100% of benefits. By 2041, if the system is left unchanged, Social Security will only be able to pay out 78% of benefits promised to future retirees.

Shoring up Social Security is one of the main economic issues that will face the next president. Most proposals involve raising taxes or reducing benefits. Democrats typically have opposed benefit reductions while Republicans have opposed tax increases. 

"This year's Social Security Report again demonstrates that the Social Security program is financially unsustainable and requires reform," Paulson said at a briefing. "The sooner we take action ... the less drastic needed changes will be."

Borrowing from the future

For years, the Social Security program has been taking in more in payroll taxes from existing workers than it needed to fund benefits. The government borrowed that surplus and promised to pay it back with interest by issuing special issue bonds to the program.

But the proceeds from those bonds are finite, which is why the trustees estimate that the trust fund will run dry by 2041. Without that cushion, Social Security would only be able to pay out the money it collects in payroll taxes.

Demographics are a major reason for the funding shortfall. The number of workers, compared to retirees, has begun to shrink. That means the system will produce a smaller surplus, then none at all, and eventually it won't be able to pay out all benefits promised to future retirees.

Last year, the trustees also estimated that the government would need to start paying back the program in 2017, and that the Social Security trust fund would be exhausted by 2041.

Currently, the first $102,000 of wages are subject to the 12.4% payroll tax that funds Social Security. Typically, half the tax is paid by workers, and the other half is paid by employers.

To keep the system solvent over the next 75 years, the trustees estimated that the Social Security payroll tax rate would need to increase to 14.1%, up from the current 12.4%. Or lawmakers could bring it into balance by cutting benefits by 12%.

Nonpartisan experts say the pain of fixing Social Security can be lessened in two ways: Make changes soon so that they affect more people but in a less dramatic manner, and implement a combination of tax increases and benefit reductions so that neither is particularly steep.

Medicare a bigger problem

Medicare, which was also addressed in Tuesday's report, has an even larger and more immediate funding deficit to address.

The Medicare program is already taking in less than it has committed to pay out, and the trustees forecast that the Medicare trust fund will be depleted by 2019, at which point Medicare would only be able to pay out 78% of costs.

Medicare was designed to be funded by three sources: payroll taxes; Medicare premiums paid by beneficiaries; and general revenue or money from income taxes.

The payroll tax portion of that funding comes from a 2.9% tax on all wages - half of which is paid by workers and half by their employers. To make Medicare solvent over the next 75 years, the trustees estimate that 6.44% of wages would need to be taxed.



March 07, 2008

Disorders Of The Spine And Social Security Disability

Many people have back pain. According to the American Chiropractic Center at least 80% of people will suffer from some sort of back pain.

Back problems are generally covered by Social Security Listing 1.04 for “Disorders of the Spine.” The listing covers three causes of back pain. The first requires evidence of nerve root compression and “neuro-anatomic distribution of pain” along with limitations in range of movement, muscle strength, and sensory loss. Generally, if a person has the type and severity of back pain suggested by this portion of the listing, that person is probably on the way to the hospital!

The second type of back pain considered by Social Security is Spinal Arachnoiditis. Spinal Arachnoiditis is an inflammation of the arachnoid, which is a thin layer of tissue covering the spinal cord. This inflammation can be caused by injury, infection, surgery, or even injections into the spine. Since spinal arachnoiditis does not usually show up on MRIs, it can be hard to prove. The best evidence of arachnoiditis is a biopsy of the tissue itself.

The most commonly addressed form of back pain is Spinal Stenosis, which is covered by section C of the listing. Spinal Stenosis can be shown by MRI, CT scan, or myelogram. Stenosis is an abnormal narrowing of the spinal canal, which eventually, presses the spinal column onto the nerve roots causing severe and unremitting pain. Depending on where the stenosis is occurring in the spine (Cervical, Thoracic, or Lumbar), an individual can have symptoms such as numbness in the fingers, hands, legs, or feet, and difficultly walking.

It is not enough for a claimant to simply allege “back pain” as a reason for disability. Social Security needs objective medical evidence. This evidence can be in the form of tests and laboratory findings, as discussed previously, or objective physical reviews from physicians, preferably physicians specializing in Disorders of the Spine. Those treating physicians should also provide the potential claimant with an evaluation of physical limitations and work related restrictions.

If you have become disabled due to back pain, the first step should be meeting with and discussing your back pain with a doctor. Once you have undergone a thorough examination by the doctor, and the doctor suggests that your spine disorder is severe, you may want to apply for Social Security Benefits. If you want more information on this subject, please do not hesitate to call our office at 214-999-9999 or 817-999-9999.

March 04, 2008

Social Security Administration Hires New Administrative Law Judges

Michael J. Astrue, Commissioner of Social Security, announced this week that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about ten percent fewer ALJs than it did a decade ago. During that same time, the number of cases waiting for a hearing decision has more than doubled. Here is the complete press release from the Social Security Administration:

Social Security Offers Positions to 144 Administrative Law Judges

New Hires a Key Step in Reducing Agency’s Backlog of Disability Cases

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about ten percent fewer ALJs than it did a decade ago. During that same time, the number of cases waiting for a hearing decision has more than doubled.

“The hiring of these new ALJs is a critical step in our plan to reduce the backlog of disability cases,” Commissioner Astrue said. “They represent one of the largest investments in ALJs this agency has ever made. When these ALJs are fully-trained, and combined with the other steps we are taking, we will be able for the first time in this decade to reduce the number of cases waiting for a disability hearing. I can hardly wait for them to start.”

The new ALJs will be brought on board in phases with the first hires reporting for duty in April, when they will begin an intensive orientation and training program. While initially handling a reduced docket, newly hired ALJs should be scheduling a full docket of cases by the end of the year.

“I have been very impressed with the caliber of the candidates eager to take on the challenging role of a Social Security ALJ,” Commissioner Astrue noted. “These new ALJs are top-notch legally and comfortable working in an electronic environment, which is of utmost importance as we strive to increase the efficiency and productivity of our ALJ corps.”

Hiring of additional ALJs is only one component of the plan the agency has put in place to reduce the backlog of disability cases. The agency also continues to make progress in many other areas including opening the National Hearing Center, completing the nationwide roll-out of the Quick Disability Determination process, implementing compassionate allowances and eliminating aged cases. More information about Social Security’s plan is available at www.socialsecurity.gov/disability under the heading What’s New.

“In May of last year, I presented Congress with a detailed plan to reduce the backlog of disability cases,” Commissioner Astrue said. “I am pleased to report that, with the strong support of the President and Members of Congress from both parties, we have been able to move forward with that plan. I urge Congress to continue its support with timely action on the President’s fiscal year 2009 budget request for Social Security. A delay in fully funding the President’s request will undermine the many positive steps we have taken this year.”

January 24, 2008

Baby Boomer Retirement - What Effect Will It Have On Social Security Solvency?

This post was written for inclusion in the upcoming Facing Up blog carnival on Social Security.

What effect will aging Baby Boomers have on the Social Security retirement and disability programs? Huge might be an understatement. The Baby Boom generation is defined as those roughly 80 million Americans born between 1946 and 1964. The first of the Baby Boomers began to turn 62 in January of 2008. That, of course, is the early retirement age for Social Security benefits. The Social Security Administration predicts that about a million Baby Boomers will take early retirement, even though their monthly checks will be 25 percent lower than if they waited until the normal retirement age of 66.

As "Boomers" begin to retire, the effect on the Social Security system will be twofold – first, there will be more retirees receiving benefits. Second, there will be fewer workers paying into the system to support those retirees. Boomers didn’t have as many children per family as our preceding generation did. We had about two children per family, compared with three children per family in our parents’ generation. So we didn’t produce as many new workers to support the old workers now retiring.

In fact, experts say that we have gone from about 16 workers paying into Social Security for every person drawing benefits in 1950, to a little more than three to one today. In a few more years we’ll be down to about two to one. This is not guesswork. We absolutely know how many new adult workers we will have 20 years from now, because they have already been born. We’re not going to have a sudden, unexpected increase in the number of workers. (Unless we have a major change in our immigration laws.)

Economic predictions are all over the map on this, but one guesstimate is that about the year 2017 the Social Security system will start to see that incoming payroll taxes aren’t enough to match outgoing retirement and disability benefits. The timing is less important than the inevitability of the event. Every year from 2008 until 2025 will see another wave of Boomers retiring. Somewhere during that time span, the benefits will outgrow the income.

That doesn’t mean the system will collapse at that time, because there’s enough money in the Social Security Trust Fund to carry us for another 20-25 years beyond the point at which benefits begin to outweigh income. Or at least there is supposed to be money in the Social Security Trust Fund. Unfortunately, the politicians have been raiding that fund for years, and it now consists primarily of IOUs from the federal government.

When the Trust Fund runs out of money, that’s when the crunch will come. Politicians will have to make some difficult decisions – increase taxes, decrease benefits, or both. We all know that politicians are loath to make hard choices, but it’s going to have to be done. And really, it won’t take all that much of a change to get the Social Security system back in balance.

But an even bigger problem will be the Medicare and Medicaid crisis looming ahead of us. These programs face not only the demographic changes the aging Baby Boomers present, but also the runaway inflationary costs of medical and pharmaceutical care. The Medicare shortfall could be roughly five times as large as the Social Security shortfall. That should well and truly frighten you.

Some estimates are that by the year 2040, Social Security and Medicare will consume as much as 60 percent of income taxes collected. The remaining 40 percent of tax revenue would have to finance all the rest of the federal government.

My own, uneducated, guess is that Congress will not significantly reduce benefits for people already receiving Social Security retirement benefits, but will probably have to make major changes to Medicare and thereby reduce medical benefits. I suspect the government will also tighten rules even more on disability benefits, and try to save money by denying obviously qualified Social Security disability applicants.

The future is not hopeless for Social Security and Medicare but it’s certainly not rosy. Big changes are coming, and the sooner they come, the better off we’ll be. The question is whether Congress and the Administration will have the political willpower to deal with the tidal wave on the horizon or whether they will hide their heads in the sand, as usual.

January 02, 2008

Road Map For Filing For Social Security Retirement Benefits

The Dallas Morning News had an excellent beginner's guide to Social Security retirement this week. As the nation's baby boomers begin to hit the early retirement age of 62, there will be literally millions of new retirement applicants. The News article is a great primer for planning to file for benefits. Please read the entire article. Here are few excerpts:

Beginning Jan. 1, the first of 78 million baby boomers will turn 62 and qualify for early retirement benefits. About three in four are expected to claim those benefits before their full retirement age of 66 or 67.

Officials hope the more computer-savvy members of that generation will turn to the agency's Web site – socialsecurity.gov – for advice and help.

"Look online first," said Wes Davis, a Social Security spokesman in Dallas. "If that's not possible, call our toll-free number [1-800-772-1213] or make an appointment to visit one of our offices."

To help boomers get started on the road to retirement, here are the answers to some of the most common questions about Social Security.

How, and when, do I sign up for benefits?

Generally, you should apply for retirement benefits about three months before you want them to begin, Mr. Davis said.

How much will I receive each month from Social Security?

"It's the No. 1 question we hear," Mr. Davis said. "Essentially, your benefits are based on how much you earned during your lifetime and when you retire."

The average monthly benefit for a retired worker will be $1,079 in 2008.

What's the best age to start drawing benefits?

To collect your full benefits, you'll need to wait until 66 if you're a boomer born before 1955 – and up to a year more if you're younger.

But as long as you're willing to accept a smaller check, you can retire anytime after your 62nd birthday.

How much can a spouse receive?

A spouse who hasn't worked or has low earnings may be entitled to a check equal to half of the other spouse's benefit, Mr. Davis said.

If you're eligible for your own retirement benefits and for spousal benefits, however, you can't collect both. Instead, you'll get the higher of the two.

What about divorced spouses' benefits?

You may be able to collect on your former spouse's Social Security record, but there are a number of wrinkles, Mr. Matthews said.

How much can I earn and still get Social Security benefits?

"Once you reach your full retirement age, there's no limit on what you can earn while on Social Security. But before then, your benefits may be reduced," Mr. Davis said.

Generally, if you're working, collecting Social Security and still under your full retirement age, the government will deduct $1 from your benefit for every $2 you earn above an annual limit – $13,560 in 2008.

Are my benefits taxable?

Possibly. Depending on your other income, you may have to pay federal income taxes on up to 85 percent of your benefits, Mr. Davis said.

You'll owe taxes if you file as an individual and your "combined income" is more than $25,000 or if you file a joint return and you and your spouse have combined income of more than $32,000.

When I start receiving benefits, will the amount be the same for the rest of my life?

No, your benefits are almost certain to increase each year, since Social Security is one of the few sources of retirement income adjusted for inflation.

If I collect Social Security at 62, can I also sign up for Medicare at the same time?

Probably not. Medicare coverage doesn't begin for most people until 65.

December 13, 2007

Social Security Administration Backlogs Are Not Improving

The Dallas Morning News recently featured an article deploring the terrible backlogs at the Social Security Administration. Excerpts from the story:

Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, waiting as long as three years for a decision.

Two-thirds of those who appeal a first rejection eventually win their cases.

But in the meantime, more and more people have lost their homes, declared bankruptcy or even died while awaiting an appeals hearing, say lawyers representing claimants and officials of the Social Security Administration, which administers disability benefits for those judged unable to work or who face terminal illness.

The agency's plan to hire at least 150 new appeals judges to reduce the backlog, which has soared to 755,000 from 311,000 in 2000, will require $100 million more than the president requested this year. The plan has been delayed by the standoff between Congress and the White House over domestic appropriations.

There are 1,025 judges currently at work, and the wait for an appeals hearing averages more than 500 days, compared with 258 in 2000. Without new judges, federal officials predict even longer waits.

The disability process is complex, and the standard for approval has, from the beginning in the 1950s, been intentionally strict to prevent malingering. But it is also inevitably subjective in some cases, like those involving mental illness or pain that cannot be tested.

In a standard tougher than those of most private plans, recipients must prove that because of physical or mental disabilities they are unable to do "any kind of substantial work" for at least 12 months – if an engineer could not do his job but could work as a clerk, he would not qualify – or prove that an illness is expected "to result in death."

In an interview, the commissioner of Social Security, Michael J. Astrue, said that outright fraud was rare, but that many cases on appeal were borderline. In addition, there was tighter scrutiny following widely publicized charges in the 1970s that money had been wasted on recipients whose conditions improved.

Of the approximately 2.5 million disability applicants each year, about two-thirds are turned down by state agencies, which make decisions with federal oversight based on paper records but no interview. Most of those who are refused give up at that point or after a failed request for local reconsideration.

But of the more than 575,000 who go on to file appeals, two-thirds eventually win benefits.

Mr. Astrue and other officials attribute the high number of reversals to several causes: Those who file appeals tend to be those with stronger cases and with lawyers who help them gather persuasive medical data. During the extended waiting period, a person's condition may worsen, strengthening the case. The judges see applicants in person, and have more discretion to grant benefits.

Face to face interviews at the initial stage could reduce the number of appeals, Mr. Astrue said, "but given the huge volume of cases coming through, it would be incredibly costly and the Congress is not willing to fund that."

The growing delays in appeals over the last decade resulted in part from litigation and financing shortages that prevented the hiring of new administrative law judges. In addition, the number of applicants is rising as baby boomers reach their 50s and 60s.

"Once the system got overloaded, it fell farther and farther behind," said Rick Warsinsky, legislative director of the National Council of Social Security Management Associations, which represents managers from the agency.

If approved, those who have paid into Social Security receive income comparable to retirement benefits, averaging more than $1,000 a month. The poor, and severely disabled children, receive Supplemental Security Income checks, $637 a month in 2008.

Mr. Astrue, the latest of several Social Security commissioners to promise speedier decisions, said the agency had already taken steps to ensure quicker initial approval for those most clearly eligible and was holding more video hearings.

But by all accounts, a major increase in money, judges and support staff will be needed to have a significant impact on the problem.

Mr. Astrue said that if the budget impasse continued, leaving the agency budget at its current level, "not only will we not do any hiring, we're looking at furloughs."

A first step of raising the number of judges to 1,200 will require at least $100 million extra for the agency beyond the $9.6 billion that President Bush has proposed for the 2008 fiscal year, Mr. Astrue said. The Democratic-controlled Congress voted a $275 million increase for the agency, but Mr. Bush vetoed the whole spending bill, calling it profligate.

If the stalemate continues, the government will probably operate on the basis of continuing resolutions, which will keep agency spending at last year's level and doom the plan to add judges.

December 12, 2007

Link of the Day - Social Security Administration Announces 2008 Cost Of Living Adjustment

The Social Security Administration has announced the COLA for 2008. It will be 2.3%, down from the 3.3% COLA for 2007. The following information is from NOSSCR, and the chart below is from the Social Security Administration.

Title II beneficiaries will see the 2.3% increase effective with December benefit payments received in January 2008. SSI beneficiaries will see the increase in their January 2008 payments, received on December 31, 2007.

In 2008, the average monthly Title II benefit for disabled workers will be $1004, and for a disabled worker spouse and one or more children, the average monthly benefit will be $1690. The average benefit for a retired worker will be $1079.

Tax Rate
2007
2008
Employee
7.65%
7.65%
Self-Employed
15.30%
15.30%
NOTE: The 7.65% tax rate is the combined rate for Social Security and Medicare.  The Social Security portion (OASDI) is 6.20% on earnings up to the applicable taxable maximum amount (see below).  The Medicare portion (HI) is 1.45% on all earnings.

Maximum Taxable Earnings:
2007
2008
Social Security (OASDI only)
$97,500
$102,000
Medicare (HI only)
No Limit

Quarter of Coverage:
2007
2008
 
$1,000
$1,050

Retirement Earnings Test Exempt Amounts:
2007
2008
Under full retirement age
NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit.
$12,960/yr.
($1,080/mo.)
$13,560/yr.
($1,130/mo.)
The year an individual reaches full retirement age
NOTE: Applies only to earnings for months prior to attaining full retirement age. One dollar in benefits will be withheld for every $3 in earnings above the limit.
$34,440/yr.
($2,870/mo.)
$36,120/yr.
($3,010/mo.)
There is no limit on earnings beginning the month an individual attains full retirement age.

Social Security Disability Thresholds:
2007
2008
Substantial Gainful Activity (SGA)
Non-Blind
$  900/mo.
$  940/mo.
Blind
$1,500/mo.
$1,570/mo.
Trial Work Period (TWP)
$  640/mo.
$  670/mo.

Maximum Social Security Benefit:
Worker Retiring at Full Retirement Age
2007
2008
$2,116/mo.
$2,185/mo.

SSI Federal Payment Standard:
2007
2008
Individual
$ 623/mo.
$ 637/mo.
Couple
$ 934/mo.
$ 956/mo.

SSI Resources Limits:
2007
2008
Individual
$2,000
$2,000
Couple
$3,000
$3,000

SSI Student Exclusion Limits:
2007
2008
Monthly Limit
$1,510
$1,550
Annual Limit
$6,100
$6,240

Estimated Average Monthly Social Security Benefits Payable in January 2008:
Before
2.3% COLA
After
2.3% COLA
All Retired Workers
$1,055
$1,079
Aged Couple, Both Receiving Benefits
$1,722
$1,761
Widowed Mother and Two Children
$2,192
$2,243
Aged Widow(er) Alone
$1,017
$1,041
Disabled Worker, Spouse and One or More Children
$1,652
$1,690
All Disabled Workers
$  981
$1,004

November 04, 2007

Link of the Day - Social Security Administration Announces 2008 Cost Of Living Increases

The Social Security Administration has announced Social Security benefits cost of living increases for 2008. In the information pasted below, the first number in each instance is for 2007, and the second number is for 2008.

2008 SOCIAL SECURITY CHANGES

o Cost-of-Living Adjustment (COLA):

Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2006 through the third quarter of 2007, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 2.3 percent COLA for 2008. Other important 2008 Social Security information is as follows:

2007 2008

o Tax Rate:

Employee 7.65% 7.65%

Self-Employed 15.30% 15.30%

NOTE: The 7.65% tax rate is the combined rate for Social Security and Medicare. The Social Security portion (OASDI) is 6.20% on earnings up to the applicable taxable maximum amount (see below). The Medicare portion (HI) is 1.45% on all earnings.

o Maximum Taxable Earnings:

Social Security (OASDI only) $97,500 $102,000

Medicare (HI only) N o L i m i t

o Quarter of Coverage:

$1,000 $1,050

o Retirement Earnings Test Exempt Amounts:

Under full retirement age $12,960/yr. $13,560/yr.

($1,080/mo.) ($1,130/mo.)

NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit.

The year an individual reaches full $34,440/yr. $36,120/yr.

retirement age ($2,870/mo.) ($3,010/mo.)

NOTE: Applies only to earnings for months prior to attaining full retirement age. One dollar in benefits will be withheld for every $3 in earnings above the limit.

There is no limit on earnings beginning the month an individual attains full retirement age.

o Social Security Disability Thresholds:

Substantial Gainful Activity (SGA)

Non-Blind $ 900/mo. $ 940/mo.

Blind $1,500/mo. $1,570/mo.

Trial Work Period (TWP) $ 640/mo. $ 670/mo.

o Maximum Social Security Benefit: $2,116/mo. $2,185/mo.

o SSI Federal Payment Standard:

Individual $623/mo. $637/mo.

Couple $934/mo. $956/mo. 

o SSI Resources Limits:

Individual $2,000 $2,000

Couple $3,000 $3,000 

o SSI Student Exclusion:

Monthly limit $1,510 $1,550

Annual limit $6,100 $6,240 

o Estimated Average Monthly Social Security Benefits Payable in January 2008:

All Retired Workers $1,055 $1,079

Aged Couple, Both Receiving Benefits $1,722 $1,761

Widowed Mother and Two Children $2,192 $2,243

Aged Widow(er) Alone $1,017 $1,041

Disabled Worker, Spouse and $1,652 $1,690

One or More Children

All Disabled Workers $ 981 $1,004

August 21, 2007

Link of the Day - Benefits Increase From Social Security Administration

The Social Security Administration provides a helpful page on their Web site that updates the amount a person can earn and still be available for disability benefits. This amount, for the various categories, changes each year because it has a cost of living factor built in to the calculations. Here is a statement from the Web site, which goes on to explain the basic 2007 monthly SGA amount is $900.

To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person's disability.

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