Carol began her paralegal career in the area of civil litigation and for the last nine years, has worked in the fields of estate planning and probate. She holds the Certified Paralegal designation and has also obtained designation as Florida Certified Paralegal and Florida Registered Paralegal.

Originally from the Midwest, Carol earned her bachelor’s degree at Michigan State University and completed some master’s degree coursework in social work and counseling. Her prior career experience in social work provides her with additional skills and insight in dealing with clients and their families facing end-of-life matters.

A former Master Gardener, she is fond of anything horticultural and actually enjoys digging in her yard. For exercise she runs, and has completed seven marathons in the past ten years. She is looking forward to becoming a grandmother in the near future.

While everyone is pinching pennies and watching the budget, the Social Security Administration announced in April that it had decided to suspend the mailing of annual statements, and make them available online, not just to save money, but to push consumers to use their online site. So, if you look forward to getting those yearly updates what can you do?

The agency began the paper mailings about 20 years ago, sending annual statements to all workers 25 and older, as required by the Omnibus Budget Reconciliation act (OBRA) of 1989, and amended by OBRA 1990. Statements are mailed out each year three months before a worker’s birth month. Currently, about 150 million statements are mailed at a cost of about $70 million a year. Putting the statements online will draw workers to the website and the Agency hopes they will return there should they need information in the future, reducing the number of phone calls and face to face inquiries.

Although online statements are not yet available, the Agency hopes to get them up and running by the end of the year. If they aren’t successful they will resume paper mailings. The process is being held up while the Agency works on making the information accessible to workers, yet confidential and secure. Through the transition period, the website or the local office will be your source of information, although it won’t tell you everything your paper statement did.

Your annual statement gave a lifetime look at your yearly earnings and payroll tax history and has always been a great way to check for any reporting errors. It also gave a breakdown of the benefits you would receive depending on the age you chose to retire, be it 65, 66, or 70, or what you might expect if you filed for disability. And while you can’t get all that information online, you can get some of it and do a lot of other things on the Social Security online portal.

You can apply for a new or replacement social security card (although the application is filled out online you still must personally take it into the office or mail it), apply for disability benefits, apply for Medicare, get forms and publications, and until your online statement is ready, you can use the “Retirement Estimator” to get a good idea of what benefits you would receive if you decide to retire, or apply for disability.

Estimating Your Benefits

You can use the estimator to determine your benefits provided you meet the following criteria:
1. Have enough credits to qualify (you need 40 credits to secure full benefits and currently
earn one credit for every $1,120 earned).
2. Are younger than 62.
3. Haven’t already applied for benefits.
4. Paid in social security taxes.

The Retirement Estimator can be found at www.sss.gov. The site is easy to navigate and has useful links that give you additional information such as choosing a retirement age, and things to consider before applying for benefits. What it won’t show are a breakdown of your yearly earnings and social security tax history.

Some advocates groups are complaining that putting all the information online will prove of little benefit to elders and others who either don’t have access to computers, or don’t have the computer skills to get the information. The agency is betting that the baby boomers won’t have this problem and are even running some commercials starring George Takei (Sulu) of Star Trek fame, and Patty Duke to get folks online and using the site. Due to the poor economy more people are applying for early benefits and applications for disability are on the rise. All this puts a strain on local offices and getting people off the phone and on the website will save time and money.

Along with the “Retirement Estimator”, AARP also has a benefits calculator that does pretty much the same thing if you want to check it out as well. It can be found at www.aarp.org/work.social-security/social-security-benefits-calculator.

If you need this information and can’t access it online you can always visit the local office. However, office hours have changed (effective August 15, 2011) and they now close at 3:30 rather than 4:00. Closing to the public a half-hour early is another cost saving measure as the agency wants to avoid paying overtime to employees finishing up work with those end-of-day visitors.

It isn’t surprising that this is happening given that just recently the Social Security Administration announced its intention to stop mailing out paper checks. Recipients have until March 1, 2013 to make the switch and if they don’t will receive their benefits via a prepaid debit card. As we move to a “paperless” society it’s likely that we can expect more government agencies to move in this direction. Less paper and fewer employees usually mean fewer dollars spent and today, more than ever, that always seems to be the bottom line.

Planning for Adult Children with Disabilities

As parents of children with disabilities age, there are many issues that they must address. First, parents must plan for their own retirement, possible disability and eventual death. To add stress and complication to that planning, parents must also consider the impact their retirement, disability or death will have on their children. Often, parents seek counsel and devise a plan to ensure that their child will be able to obtain or maintain access to Supplemental Security Income (SSI) and the Medicaid program while their children are still young. As both parents and children age, parents should revisit those plans and inquire into any other programs or benefits that might be available. One important social security insurance benefit is the Childhood Disability Benefit (CDB), which is sometimes referred to as the Disabled Adult Child (DAC) benefit. For purposes of this article we refer to the benefit as Childhood Disability Benefit or CDB.

Childhood Disability Benefits Defined

CDB is a monthly cash payment to a child based on the social security earnings record of a parent of that adult child. The amount of the payment is based on the parent’s primary insurance amount (PIA). A disabled adult child is entitled to one-half of the parents’ PIA if the parent is living, and three-fourths of the PIA if the parent is deceased. If both parents are disabled, retired or deceased, the child is entitled to CDB benefits on the higher account of the two. A disabled adult child is entitled to CDB based on the social security record of a parent only if all of the following conditions are met:

1. An application for CDB is filed;
2. The child meets the definition of “disabled” applicable to all social security disability insurance (SSDI) applicants;
3. The child is not married, or is married to a social security beneficiary;
4. The child is age 18 or older and under a disability which must have begun before age 22; and
5. The parent is entitled to social security disability insurance or retirement insurance benefits, or is deceased.

In some cases a child may be eligible for CDB benefits on the account of a grandparent or stepparent.
If the disabled adult child is eligible, the child will receive a notice from the Social Security Administration that he or she is entitled to benefits based on a parent’s social security earnings record. In many cases the child may have received SSI prior to the start of CDB. If the CDB benefit is higher than the SSI maximum federal benefit ($674 in 2011), the SSI benefits will be terminated. In addition, the child will also be eligible for Medicare after a 24 month waiting period from the date of the first month the child became eligible to receive CDB.

If an adult disabled child loses eligibility for SSI when CDB begins, he or she can often continue eligibility for Medicaid. In many cases, Medicaid funds the vital supports and services the child is receiving. Many states have rules and regulations in place that provide for continuing Medicaid eligibility even after the child’s eligibility for SSI is terminated. When a child qualifies for and receives CDB, the additional income is excluded from countable income for Medicaid eligibility if the child’s SSI was terminated because of the increased income but the child is otherwise eligible for SSI: determined disabled and having countable resources of $2,000 or less. In some states the transition from SSI-linked Medicaid to CDB Medicaid is automatic and in others, the state Medicaid agency may require a new application. Regardless of the mechanism, it is important for families to be aware of the benefit and the transition, so that the transition can be managed as necessary to prevent an interruption in benefits.

How Does Work Affect CDB?

There are two timeframes where work can affect eligibility for CDB. First, in order to be eligible for CDB, a child cannot have participated in Substantial Gainful Activity (SGA) after the onset of disability but prior to initially qualifying for CDB. In 2011, an individual earning more than $1,000.00 per month is presumed to be engaged in SGA and therefore not disabled. If the individual is blind, the SGA amount is slightly higher. If the CDB benefit has not started, the individual should seek advice as to how much he or she is able to earn while still maintaining eligibility for CDB upon the retirement, disability or death of a parent.

While working at the SGA level of earnings before initially qualifying for CBD can have a harsh affect on eligibility, working is not as problematic if the individual works or attempts to work after initially qualifying for CDB. If a disabled adult child is receiving CDB and would like to engage in an employment opportunity, the individual can participate in a trial work period. During a trial work period, the individual can continue to receive full CDB benefits for a period of 9 months while working and earning above the current SGA amount. After that allowed time period, if the individual continues to have earnings that are “substantial,” the CDB benefits will end; however, for any month when the individual does not meet the definition of Substantial Gainful Employment, he or she will be eligible for monthly benefits. If the individual’s income dips below the current SGA amount, or if the income stops completely within 36 months of having received CDB benefits, then no new application or disability determination is needed.

Here are two illustrations of how work can affect eligibility for CDB: Tim was disabled before the age of 22 but from age 25 to 27 he was able to work full time and had SGA. Tim had to stop working for health reasons and re-apply for SSDI on his own account after working for two years. Tim’s father then retires when Tim is 32. Tim cannot qualify for CDB on his father’s account because Tim had SGA before his father retired. Tim meets all of the requirements for CDB except that he had SGA before he could apply for benefits when his father retired. In the second example, Tim has no SGA before his father retires when Tim was 32. When his father retires, Tim will be eligible for CDB to supplement his SSDI benefits. At age 35 Tim is able to work and earn $2,000 per month for two years. Tim will lose his CDB benefit after a 9 month trial work period. After working for two years Tim must quit his job because of his disabilities. He can again qualify for CDB even though he had SGA for two years because his employment occurred after he qualified for CDB.

How Does Marriage Affect CDB?

If a disabled adult child receiving CDB marries, that child may or may not lose her eligibility for CDB. As noted above, a disabled adult child who is receiving CDB is doing so based upon having a disability that began before reaching age 22 and the retirement, death or disability of a parent who had a social security work record. The marriage of a CDB beneficiary to another social security beneficiary will not cause the CDB beneficiary to lose eligibility for those benefits. If the disabled adult child marries a person who is not a social security beneficiary, then the disabled adult child will lose the CDB eligibility that derived from the parent’s status as a wage earner.

Conclusion

CDB, DAC, SSI, SSDI and SGA may sound like a new variety of clustered alphabet soup. In fact, parents, caretakers and adult children with a disability need to know the meaning and function of each of these abbreviations and the relevant rules that apply to the programs in this alphabet soup. Keeping the CDB eligibility rules in mind while reevaluating a care plan for aging parents and disabled children can help relieve stress and provide groundwork for maintaining Medicaid benefits. The potentially increased CDB cash payment can help a disabled adult child significantly, but ensuring Medicaid eligibility after the payment increase is of crucial importance for many such adults. Knowing these rules will allow caretakers to take action immediately if the disabled child receives notice that Medicaid will be terminated because the child is no longer eligible for SSI. In addition, understanding when a disabled adult child can seek Substantial Gainful Activity and just how much the child can earn each month will allow families to better evaluate each decision as it relates to these often vital benefits.

About this Newsletter: We hope you find this newsletter useful and informative, but it is not the same as legal counsel. A free newsletter is ultimately worth everything it costs you; you rely on it at your own risk. Good legal advice includes a review of all of the facts of your situation, including many that may at first blush seem to you not to matter. The plan it generates is sensitive to your goals and wishes while taking into account a whole panoply of laws, rules and practices, many not published. That is what The Special Needs Alliance is all about. Contact information for a member in your state may be obtained by calling toll-free (877) 572-8472, or by visiting the Special Needs Alliance online. ________________________________________
Reprinted with permission of the Special Needs Alliance – www.specialneedsalliance.org.

Released on Tuesday by the National Institute on Aging and the Alzheimer’s Association, the guidelines officially recognize mild cognitive impairment or MCI — first described more than a decade ago — as a precursor to the disease.

Please click here for the complete story.

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Published: Thursday, March 24, 2011 at 1:00 a.m.
Last Modified: Wednesday, March 23, 2011 at 7:08 p.m.

Please click here to read the article published in the Sarasota Herald Tribune.

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© 2011 THE HENRY J. KAISER FAMILY FOUNDATION

Yesterday, the Alzheimer’s Association released the 2011 Alzheimer’s Disease Facts and Figures report. The report provides a statistical resource for all U.S. information related to Alzheimer’s and other dementias. This year, it also includes a special report on early detection and diagnosis of Alzheimer’s.

The new 2011 Alzheimer’s Disease Facts and Figures report information will support all of the Association’s public policy and communication efforts over the next year. This week, we are distributing the report on Capitol Hill. Additionally, we know this data is most powerful when it is combined with the personal stories of advocates. To help with your advocacy efforts with legislators, local media, and others, we have created a fact sheet for your use. Key highlights include:

An estimated 5.4 million American’s have Alzheimer’s disease. Another American develops Alzheimer’s disease every 69 seconds.
In 2010, 14.9 million family and friends provided 17 billion hours of unpaid care to those with Alzheimer’s and other dementias.
The cost of caring for those with Alzheimer’s to American society will total $183 billion in 2011.
Deaths from Alzheimer’s increased 66 percent between 2000 and 2008, and Alzheimer’s is the only cause of death among the top 10 in America without a way to prevent, cure, or even slow its progression.
Please find the full report, fact sheet, and information specific to your state at http://www.alz.org/alzheimers_disease_facts_and_figures.asp.

Federal Budget Update
As you have probably seen in the news, leaders of the House of Representatives and Senate have yet to agree upon a budget to fund the Federal Government for the rest of the 2011 fiscal year. As things stand right now, none of our key Alzheimer’s priorities have been cut in the negotiations. However, the Public Policy office continues to closely monitor budget activity on behalf of the Alzheimer’s community to ensure that critical research and care programs remain in place.

Tell Congress To Make Alzheimer’s A National Priority

Congress has the opportunity to make important decisions that will give the needed resources and attention to Alzheimer’s disease. With so many new members of Congress in Washington, D.C., it is incredibly important that they hear from constituents like you who care so deeply about this cause.

Join hundreds of Alzheimer’s advocates from around the country and march on Congress to move our legislative agenda forward. The 2011 Advocacy Forum is a great chance to get the latest news about critical Alzheimer’s legislation in Congress, learn new advocacy techniques and network with advocates from across the country as you meet with your elected officials.

The Advocacy Forum will be held from May 15th through 17th in Washington, DC and early bird registration is ends on April 1st.

Alzheimer’s Association
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