Fleeing felon definition changed due to class action suit
I previously wrote about how Social Security stops benefits for fleeing felons. However, there has been considerable litigation across the country regarding what constitutes a “fleeing felon.”
Social Security changed its definition of “fleeing” due to a settlement in the nationwide class-action lawsuit.
The April 2009 issue of capital NOSSCR Social Security Forum has a lengthy discussion of this:
Is sheltered work or subsidized work a substantial gainful activity (SGA)?
To qualify for Social Security disability benefits you have to show that your disabilities prevent you from being able to work. In general, you have to show that you are unable to perform a substantial gainful activity (SGA).
However, there are exceptions to this general rule, including Subsidized Wages or Sheltered Work environments.
Social Security can only consider the money you earn in deciding if your work is a substantial gainful activity. Anything over the “reasonable value” of your work, may be a subsidy. Social Security cannot consider a subsidy, basically a “gift,” as earnings in determining if the work is a substantial gainful activity.
A subsidy is any compensation over the fair value of your work. This often happens if you work for a family member or if you work through an agency like Goodwill.
If you are paid for a 40 hour week but you only work 25 hours, you have a 15 hour subsidy. Another possibility is if the value of your work is $8.00 an hour, but you are paid $10.00 an hour (a $2.00 an hour subsidy).
If you subtract the subsidy, and your gross income is below the SGA amount, you might still be able to keep your Social Security benefits.
Is SGA too complicated?
Even if you know the definition of a substantial gainful activity (SGA), could you apply it? Can you be sure that the last job you tried before you applied for Social Security disability benefits was SGA?
Charles Hall proposes that substantial gainful activity (SGA) has become just too complicated.
If one is engaging in SGA, one cannot be considered disabled, but SGA is a term of art. Work may not be SGA if low earnings, unsuccessful work attempts, made work, subsidized employment, impairment related work expenses, trial work periods, etc. are taken into consideration.
…The …
Maximum attorney fees increase to $6000
If you hire a lawyer on a Social Security case after today, you may be surprised to learn that the maximum fees are $6,000.
I thought the most a lawyer can charge in a Social Security case was $5,300? That’s what the attorney who helped my cousin said.
Don’t worry, no one is trying to pull a fast one. Social Security has just increased the fee cap (for the first time since 2002).
I have to pay $6,000 to hire an attorney?!?
No, the $6,000 amount is the cap on attorney fees. In most fee agreements:
You only pay fees if you win …
Will I get Medicare or Medicaid with Social Security?
If you are wondering whether you will get Medicare or Medicaid with Social Security, it all depends on the type of Social Security you receive.
Social Security disability insurance (SSDI) comes with Medicare.
Social Security Supplemental Security Income (SSI) comes with Medicaid.
What’s the difference between Medicare and Medicaid?
The Colorado Bar Association has a great page discussing the differences. Here is a quick summary:
Medicare provides only partial coverage, and requires beneficiaries to pay premiums, deductibles, and co-payments.
Medicaid provides more complete coverage, without significant payments from the beneficiaries.
Click to read more about the differences.
Why doesn’t the VA provide service dogs?
I have written a bit lately about service animals (such as seeing eye dogs, as well as dogs for disabled individuals with seizure disorders and children with autism).
I recently came upon an article asking the question why doesn’t the Department of Veterans Affairs provide money for service dogs? There is no question about the benefits provided to disabled individuals by service animals.
… while the VA talks about “providing” dogs, the only thing they’ve really been trying to decide is whether to pay the same monthly stipend to disabled veterans with a service dog that they’ve been paying to those with guide dogs for many years. That’s it – there’s …
24 month waiting period for Medicare
If you win your claim for Social Security disability insurance (SSDI), you are also eligible to receive Medicare benefits. But, you don’t get Medicaid right away, with some exceptions, you have to be “in pay status” for 24 months before you become eligible for Medicaid.
That means you have to be receiving 24 months of Social Security disability insurance to get Medicare.
Another two years? I just waited two years to get my case approved.
Fortunately, Social Security considers your back benefits when they count the 24 months. So, if Social Security 24 months of back Social Security disability insurance, you …
Game or therapy?
Check out this demo for a Xbox Project Natal game called “Milo & Kate.”
Can you imagine the therapeutic value of this? From phobia therapies like the one below, to helping people with social phobias, to even more complex therapies such as helping individuals with Asperger’s syndrome pick up on social cues, vocal inflections and body language. The possibilities are amazing!
It also opens the possibility of long distance and even multiple provider therapies: the patient interacts with a single avatar …
Service dog programs for autistic children
We have written about service dogs for children with autism and mentioned two groups which provide training: 4PawsforAbility and Guiding Eyes. The response has been amazing! A lot of people want to learn more about these programs.
video platformvideo managementvideo solutionsfree video player
Many people have asked who is eligible for a service dog?
What is an Unsuccessful Work Attempt?
I previously wrote about the various exceptions which may allow you to keep your Social Security disability benefits even if you return to work. The most common of these is an Unsuccessful Work Attempt (UWA).
If you work for 6 months or less at a substantial gainful activity (SGA) level, your work may qualify as an Unsuccessful Work Attempt and not affect your application for benefits (or your current Social Security disability benefits if you have already won your case).
Another benefit of the Unsuccessful Work Attempt exception is that it applies for both Social Security Disability Insurance (20 CFR 404.1574) and Supplemental Security Income (SSI) (20 CFR 416.974) cases. This is a major difference between Unsuccessful Work Attempts and Trial Work Periods.
VA begins testing on Dean Kamen’s prosthetic Luke arm
Alright! Dean Kamen’s prosthetic “Luke” arm is one step closer to helping amputess, especially injured veterans:
Last week, VA announced the start of a three-year clinical trial that represents the first large-scale testing of the arm, a critical step before it can be made widely available. The first patient was fitted with an arm in April.
The device was developed by Deka Research and Development, the New Hampshire company whose founder, Dean Kamen, invented the Segway and various medical devices.
The robotic arm, nicknamed the “Luke arm” after the artificial arm worn by Luke Skywalker in the “Star Wars” films, allows those who have lost a limb …
Help Jude! 4PawsforJude.com
I recently wrote about the amazing difference a service dog can make for a child with autism.
Colleen Bell contacted me about getting the word out about helping their autistic son, Jude, receive a service dog.
Jude is an amazing 6-year-old boy who loves to laugh and to make other’s laugh. He’s smart, handsome, funny, loving, lovable, clever, and honest. He tries harder than most anyone you’ll meet. He makes us proud every single day. He also has Autism.
Jude has qualified for an Autism Assistance dog from 4 Paws for Ability, Inc., a 501c3 nonprofit organization based in Xenia, Ohio, which …
