All The COLAs

Earlier I had posted the Cost Of Living Adjustments (COLAs) for Social Security benefit payments and the user fee charged to those who represent Social Security claimants. Here are Social Security's tables showing all of the major adjustments (and a lot of things that should be adjusted for inflation, but are not, most notably the SSI resource limits which have never been adjusted for inflation since the SSI program was created more than 30 years ago):

Tax Rate	2008	2009
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:	2008	2009
Social Security (OASDI only)	$102,000	$106,800
Medicare (HI only)	No Limit

Quarter of Coverage:	2008	2009
Earnings needed to earn one Social Security credit	$1,050	$1,090

Retirement Earnings Test Exempt Amounts:	2008	2009
Under full retirement age NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit.	$13,560/yr. ($1,130/mo.)	$14,160/yr. ($1,180/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.	$36,120/yr. ($3,010/mo.)	$37,680/yr. ($3,140/mo.)
There is no limit on earnings beginning the month an individual attains full retirement age.

Social Security Disability Thresholds:		2008	2009
Substantial Gainful Activity (SGA)	Non-Blind	$ 940/mo.	$ 980/mo.
	Blind	$1,570/mo.	$1,640/mo.
Trial Work Period (TWP)		$ 670/mo.	$ 700/mo.

Maximum Social Security Benefit: Worker Retiring at Full Retirement Age	2008	2009
	$2,185/mo.	$2,323/mo.

SSI Federal Payment Standard:	2008	2009
Individual	$ 637/mo.	$ 674/mo.
Couple	$ 956/mo.	$1,011/mo.

SSI Resources Limits:	2008	2009
Individual	$2,000	$2,000
Couple	$3,000	$3,000

SSI Student Exclusion:	2008	2009
Monthly Limit	$1,550	$1,640
Annual Limit	$6,240	$6,600

Estimated Average Monthly Social Security Benefits Payable in January 2009:	Before 5.8% COLA	After 5.8% COLA
All Retired Workers	$1,090	$1,153
Aged Couple, Both Receiving Benefits	$1,773	$1,876
Widowed Mother and Two Children	$2,268	$2,399
Aged Widow(er) Alone	$1,051	$1,112
Disabled Worker, Spouse and One or More Children	$1,695	$1,793
All Disabled Workers	$1,006	$1,064

"Emergency and Expedited Procedures Related to Military Service Casualty Cases (MSCC)"

The Social Security Administration has transmitted a new Program Operations Manual Series (POMS) issuance entitled: Emergency and Expedited Procedures Related to Military Service Casualty Cases (MSCC). Here are a few excerpts:

The procedures to expedite disability claims apply to any military service personnel injured October 1, 2001 or later regardless of how or where the disability occurred, whether in the United States or on foreign soil, provided that the individual was on active duty when the injury occurred. ...

The Department of Defense (DoD) identifies Military Casualties and provides us with their Social Security Numbers (SSNs). We verify the SSNs, and store them until the claimant contact us.

If the SSN of the individual matches the DoD list:

• An alert appears in the Visitor Intake Program (VIP), Customer Service Record (CSR), and/or Customer Help & Information Program (CHIP) when we enter the claimant’s SSN; and

• The Electronic Disability Collect System (EDCS) automatically sets the MSCC flag when we establish the case at the initial or appeal level.

NOTE: If the claimant alleges that their disability was the result of a Military Casualty since October 1, 2001, and the SSN does not match DoD records (i.e., no alert is present in VIP, CSR, or CHIP), manually set the MSCC flag in EDCS. If the case is a paper Modular Disability Folder (MDF), the Field Office (FO) attaches a paper flag to the MDF. An exhibit of the paper flag is available in DI 11005.003H (in this section) for EDCS exclusions.

D. Teleservice center (TSC) action to expedite MSCC

The interviewer should be alert to the possibility of disability claims resulting from military service casualties. When a person contacts the 800 number to file a disability claim, identify if the claimant is alleging his or her disability is a result of a military service casualty.

1. If an appointment is available within 3 working days

• Schedule the appointment.

• In the remarks section of Leads/Protective Filings and Proofs (LPFP) screen, enter “Military Service Casualty Case.”

• Transmit the referral to the FO.

2. If an appointment is not available within 3 working days

• Advise the caller that the FO will call back within 2 days to schedule an appointment.

• Determine the best time for the FO contact.

• In the remarks section of LPFP, enter “Military Service Casualty Case, APPT NEEDED ASAP/BEST TIME FOR CONTACT” (time within the FO's business hours).

• Transmit the referral to the FO.

• Complete and transmit separate claims referrals for any auxiliaries, if applicable. ...

If an appeal is received in the FO for an MSCC, FO management will ensure that the case receives top priority handling.

Will combat veterans suffering from Post-Traumatic Stress Disorder (PTSD) get this "emergency and expedited" treatment? Why should a soldier who has a heart attack stateside or who gets injured in an off-duty automobile accident get special treatment? The soldier may be in a medical holding company and still receiving his or her full pay. Even if already processed out of the service, he or she is likely to have military retirement or VA benefits. Why is it urgent to help the soldier who is in no financial distress, but not urgent to help a person with the same medical problem who is destitute?

Final Rules On Age

From today's Federal Register:

We are modifying the rules we use to determine disability under titles II and XVI of the Social Security Act (``Act'') to revise the definition of persons ``closely approaching retirement age'' from``60-64'' to ``60 or older.'' These changes acknowledge that we make disability determinations for persons over age 64. We are also making minor technical changes that will not have any effect on how we determine your eligibility for benefits.

Attorney Fees Go Down Because Of Cost Of Living Adjustment

The maximum fee for representing a Social Security claimant is capped at $5,300. Social Security can increase this amount because of inflation, but is not required to do so. The cap has not been raised since 2001. A "user fee" is deducted from these fees. The user fee is to reimburse Social Security for its costs in withholding and paying the fees. In effect, it is a special tax on those who represent Social Security clamants. This user fee is adjusted for inflation. It has been $79 in 2008. Social Security has announced that it is going up to $83 in 2009, meaning that attorney fees just went down because of inflation. This sounds crazy to me.

Majority Leader Tries To Ease Byrd Out Of Appropriations Chair

Politico reports that Senate Majority Leader Harry Reid is trying to ease 90 year old Senator Robert Byrd out of his position as Chairman of the Senate Appropriations Committee. Byrd's health has been declining in recent years. The appropriations that the Social Security Administration receives have a tremendous effect upon the agency's ability to perform its duties. There is no reason to expect that Byrd's probably successor, Senator Inouye of Hawaii, would pursue different policies than Byrd, but, even though Inouye is getting up in years himself, he would certainly be able to perform the duties of Chairman of the Senate Appropriations Committee more ably than Byrd can now perform them.

Updated Fee Payment Stats

Below is a table showing the payments of fees to attorneys and others for representing Social Security claimants this year. These statistics are a useful analogue for how quickly or slowly Social Security is paying benefits to disabled claimants after a favorable decision. Notice the unevenness in the payments.

Fee Payments
Month/Year	Volume	Amount
Jan-08	20,559	$75,368,163.45
Feb-08	26,570	$95,228,284.32
Mar-08	23,088	$83,166,027.02
Apr-08	27,296	$98,616,579.78
May-08	29,305	$104,283,373.35
June-08	25,243	$89,786,459.83
July-08	22,238	$77,346,266.77
Aug-08	33,834	$120,819,791.05
Sept-08	25,239	$89,167,725.69

New Hampshire Office Closed For Week

The Nashua Telegraph reports that a "catastrophic drain failure" has caused flooding at the Nashua Social Security field office. The office will be closed for a week for repairs. No computers or files were damaged.

Update: Here is another article on what brought about the flooding.

Ohio Approves Specialization In Social Security Disability Law

The Ohio Supreme Court has approved Social Security disability law as a field in which attorneys licensed in that state may become certified as specialists. North Carolina and Tennessee already recognize specialists in the field of Social Security disability law.