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Wisconsin Disability Benefits Network Newsletter For Your Benefits

Vol. 7, Issue 30, March, 2009

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For Your Benefit – Introduction

The Wisconsin Disability Benefits Network (WDBN) is a statewide system that provides direct assistance to benefits counseling practitioners and seeks ways to reach out to and better serve people with disabilities, their supporters, and professional service providers in Wisconsin. This newsletter provides current program news, important notices and updates, and upcoming training and educational opportunities. Check out past editions of this newsletter!

2009 WDBN Calendar:

| Printable version of the calendar (pdf) | Bookmark Online Calendar |

What's New


Wisconsin Work Incentives Benefits Specialist Registry




Wisconsin WIBS Registry Update

The Wisconsin Work Incentives Benefits Specialists (WIBS) were recently invited to join the Wisconsin WIBS Registry. Registry members are WIBS who agree to maintain a prescribed level of training, adopt a code of conduct, and participate in a peer review process. The first meeting of the current Registry members was held on March 18, 2009. Currently there are 42 WIBS on the Registry List. More information about the first WIBS Registry meeting and upcoming meetings will be forwarded to Registry members in the near future.

Wisconsin Work Incentives Benefits Specialists (WIBS) help individuals with disabilities, families, and professionals make sense of highly complex employment and benefit related issues. Find a list of Registry Members and Wisconsin Work Incentives Benefits Specialists (WIBS) in your area.

Registry Information:


Resources, Employment, Assets, and Learning (REAL) Opportunity Study

A new three year project soon to be launched in the Milwaukee area aims to address persistent poverty and benefit dependency among people with disabilities. The project will study whether customized financial literacy training combined with benefits counseling significantly improves financial self-sufficiency for individuals with disabilities.

The Pathways Project, in conjunction with the National Disability Institute, Southern New Hampshire University; Wisconsin Department of Workforce Development, Division of Vocational Rehabilitation; Wisconsin Disability Program Navigator Project, and the Wisconsin Disability Benefits Network (WDBN) will soon be implementing the three year project in Milwaukee.

The project is called the Resources, Employment, Assets, and Learning (REAL) Opportunity Study, which is a second generation of research funded by the National Institute on Disability Rehabilitation Research (NIDRR) as part of the Asset Accumulation and Economic Self Sufficiency (AAESS) project.

Critical components of the project include:

Another goal of this project is to bring the training and resources around asset development/self-sufficiency to the larger group of benefits specialists statewide.The National Consortium for Health Systems Development (NCHSD) has written a very basic description of Asset Building and the tools/services available to people with disabilities. The study will be implemented in the states of New Hampshire and Wisconsin.

Volunteer Income Tax Assistance (VITA)

The Volunteer Income Tax Assistance Program (VITA) is coordinated by state Departments of Revenue in partnership with community organizations. VITA offers tax advice and assistance to low-income individuals who might otherwise pay for commercial tax assistance. VITA volunteers are available in convenient community locations like public libraries, schools, neighborhood centers, and shopping malls. Find a VITA site in Wisconsin: http://www.dor.state.wi.us/faqs/pcs/vita.html#vita6 or
http://www.cr-sdc.org/Programs/Flyers/VITA/2009MABCVITASiteLocationsFlyer.pdf for more Milwaukee sites.

SSA to be First Government Agency to Use Nationwide Health Information Network

SSA will be the first government agency to utilize the Nationwide Health Information Network (NHIN). Beginning in early 2009, Social Security will receive medical records for some disability applicants electronically through the NHIN gateway. Use of NHIN is expected to cut days, if not weeks, off the time it takes to make a disability decision. Through the NHIN, SSA will have instantaneous access to medical records. The NHIN will help ensure records are received timely by making it easier and less labor-intensive for medical professionals to submit records. In early 2009, the first real-world use of the system will begin between SSA and MedVirginia. It isn't known when Wisconsin will begin using NHIN. Find out more information.

Stimulus Checks

There will be a stimulus check of $250 going out to anyone who receives Supplemental Security Income or Social Security benefits. Find out more information about this. Information updates will be made on this page, so bookmark it as a favorite.

Social Security Expands Fast-Track Disability Processes

Improvements to SSA's computer modeling system have increased the number of claimants receiving expedited approvals for disability benefits. SSA's two-track system -- the Quick Disability Determination (QDD) process and Compassionate Allowances -- is now fast-tracking about 4 percent of all disability cases, up from the 2.7 percent of cases fast-tracked last year. This means that in 2009, 100,000 to 125,000 applicants with the most severe disabilities will be approved for benefits in about 10 days instead of waiting the three to four months it typically takes for an initial decision.

Under QDD, a predictive computer model analyzes specific data within the electronic file to identify cases where there is a high potential that the claimant is disabled and where SSA can quickly obtain evidence of the person's allegations. The data that triggers QDD is confidential, and there is nothing DBSs can do to ensure the client's claim is considered a QDD case, other than spelling diagnoses correctly.

Through Compassionate Allowances (CA), SSA expedites the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. The list of conditions that are currently covered by CA (the list will be expanded in the future) is at: www.socialsecurity.gov/compassionateallowances/conditions.htm. DBSs should inform SSA in the initial contact, phone interview or disability report that the case is a CA case.


Updates to Note


BPQY Issues

A couple of BPQY related issues have come up recently.

Separate Payments and BPQYs for Dually Entitled SSDI Beneficiaries
One issue is regarding the separate payments for dually entitled SSDI beneficiaries. Last year a decision was made to split the checks for beneficiaries who are dually entitled and get benefits from two different trust funds. This means that it is very important to know if your consumers are receiving more than one payment under the SSDI program, as both payments will not show up on one BPQY. A separate BPQY must be obtained for each Social Security number under which the beneficiary is paid.

Most of the records were split last fall but during December a number of exceptions were identified. Those cases have now been split, and beneficiaries are receiving letters describing the split payments effective with their Feb. checks (received in March). Be aware that you may have consumers call with questions upon receiving this letter. More information about separating payments.

The separate payments and separate BPQYs require additional awareness on the part of Benefits Specialists when requesting BPQYs. Bob Monahan of SSA reports that the 2 separate BPQYs is not necessarily a problem on SSA's end. A popup window alerts the BPQY operator to get another BPQY on the cross reference SSN. The current recommendations for obtaining BPQY for dually entitled beneficiaries include:

BPQY Format Changes
There have been recent format changes to the BPQY. However, SSA is experiencing some problems with this latest BPQY version. There may be some programming issues that are causing incorrect or incomplete info on some BPQYs. One example of this is the absence of Medicare Part C and Part D information. The latest version of the BPQY Handbook states:

*Note that Part C (HMO with drug benefit) and Part D (prescription drug) information has been temporarily removed due to unreliable data on SSA records. When this problem is fixed, this information will again appear on the BPQY.

Another BPQY change has been the addition of a Demonstration Project Information section. This appears at the end of the document, immediately preceding the Recent Earnings on Record section.

Additional updates about the BPQY will be provided as SSA addresses the problems.

2009 BPQY Handbook Now Available

The Benefits Planning Query (BPQY) has improved the Social Security Administration's (SSA) efforts to inform Social Security Disability Insurance (SSDI) beneficiaries and Supplemental Security Income (SSI) recipients about their disability benefits and the use of the work incentives. In essence, the BPQY provides a snapshot of the beneficiary's benefits and work history as stored in SSA's electronic records. The information in a BPQY is used to provide customized services and information on SSA's employment support programs to beneficiaries with disabilities who want to start or keep working. For more information, download a copy of the 2009 BPQY Handbook.

Statewide Medicaid Computer Glitch

The Wisconsin Department of Health Services (DHS) recently discovered a computer problem that affected up to five thousand Medicaid members whose Medicare costs were being paid by the State under the Medicare Premium Assistance Program (Medicare Buy-In programs).

Although these individuals should have continued to be eligible for the Medicare Premium Assistance Program, the computer problem caused them to incorrectly lose eligibility. This caused them to receive a letter from the SSA in early March 2009. The SSA letter advised them that, effective February 2009, the State had stopped paying their Medicare premium. The letter advised them that their Social Security benefit received on April 3, 2009 would reflect a reduction to pay for their Medicare premiums for February, March, and April 2009.

The DHS reports it is working to quickly identify all individuals affected by this computer problem. Their computer records will be fixed so that they will again be eligible for the Medicare Premium Assistance Program. This fix will be made retroactive to cover their February, March, and April 2009 Medicare premiums. The affected individuals do not need to take any action to assure that their records are fixed.

The vast majority of the affected individuals (i.e., those with Electronic Fund Transfer accounts) will receive their full Social Security benefit on April 3, 2009. That is, an amount will not be deducted for their February, March, and April Medicare premiums, because the State will again be paying for them.

A few of the affected individuals (i.e., those who receive paper Social Security checks) will not receive their full Social Security benefit on April 3, 2009. That is, an amount will be deducted for their February, March, and April Medicare premiums; however, within seven to ten days (i.e., by April 13, 2009), these few individuals will receive a corrected Social Security benefit, restoring their full benefit.

Medicare Premium Assistance Program members that have questions about this problem may call Member Services at 800-362-3002. Policy questions may be directed to Angela Dombrowicki at 608-266-1935.

Cool Resources:

2009 Red Books

SSA's "Red Book" is also a helpful resource. Its full official title is "2009 Red Book: A Summary Guide to Employment Support for Individuals with Disabilities Under the Social Security Disability Insurance and Supplemental Security Income Programs." In short, it describes the work incentive features of the SSI and SSDI programs, such as Ticket to Work, IRWEs (impairment-related work expenses), unsuccessful work attempts, trial work periods, etc. It is revised annually and is available on-line at http://www.socialsecurity.gov/redbook. Hard copies will be available at your local SSA office but are often out-of date.

Speaking of Asset Development

This newsletter featured a number of articles and resources focusing on asset development and financial literacy which prompted us to pull together a bunch of resources in a central location. Bookmark our Asset Development Resources page for your reference. If you have a resource to recommend for this page, please forward to wdbn@eri-wi.org.

Disability Rights Wisconsin Update March 2009:

Disability Benefit Specialists … Check out the following updates from DRW.

 

Benefits News Roundup

Benefits News Roundup

SSI Telephone Wage Reporting

Supplemental Security Income (SSI) recipients, deemors, and representative payees can now report monthly wages to the Social Security Administration (SSA) via an automated system using the telephone.

During the first six (6) days of a month, SSI recipients are able to report to SSA their work earnings from the prior month by calling a special 800 number, 866-772-0953. A reporter can choose which of the six days to call, but will not be able to report wages using the special 800 number after the sixth day of the month.

To use the 800 number, the caller the must provide information to authenticate their identity and/or the identity of the person whose wages are being reported. The individual placing the call must be able to clearly state first and last name information, understand requests for information given by the automated system, and either speak or use the telephone key-pad to enter date of birth and social security number information. A receipt will be automatically generated to the reporter once the report is made.

There are certain exclusions, such as the earner who has more than one employer, or when Impairment Related Work Expenses (IRWE) or a Plan for Achieving Self Support apply to the month. SSI recipients or their representative payees should first contact their local SSA office to see if phone reporting is possible and to obtain further information.

Recipients, deemors, and representative payees who would rather not report wages by telephone can use traditional reporting methods such as mailing or bringing pay stubs into their local Social Security office.

Retired and Disabled

Dear Mr. Speck,
I'm 67 and receive regular Social Security retirement benefits. I have been working full time but recently became disabled to the point where I no longer can work. Can I receive Social Security disability benefits in addition to or more than what I get for retirement?

Otto
Moquah, WI

Dear Otto,
Someone in your situation cannot receive Social Security disability benefits in addition to or instead of retirement benefits. Once a person is over the full retirement age (now 66), he or she cannot be eligible for Disability Insurance Benefits (DIB.) A person can only receive DIB if younger than the full retirement age and no longer able to do substantial work because of a disabling condition.

For those receiving DIB when turning full retirement age, the payments become retirement benefits. The benefit amount is the same as before, but the rules regarding work, Substantial Gainful Activity (SGA), and medical reviews no longer apply since the payments are technically no longer disability benefits. Similarly, Widow(er) Disability Benefits (WDB) essentially become Widow(er) Benefits when the widow(er) turns full retirement age.

One way to look at DIB or WDB payments is as a form of early retirement benefits intended to tide a person over until reaching full retirement age when those payments automatically become retirement benefits.

Note, however, that Childhood Disability Benefits (often called Disabled Adult Child or DAC benefits) are different. Those who are entitled to DAC benefits continue to receive them past full retirement age as long as they remain disabled. It is unlikely a Childhood Disability Beneficiary would ever medically recover after full retirement age, but the disability rules regarding work, SGA, and work incentives still apply.

Ben

Medicare Part B Premiums

Although Medicare Part B (or SMI) has a standard monthly premium amount for each year ($96.40 in 2009), it can be lower or higher in certain situations.

Lower Premiums – Variable Premium
Starting in 1986, the Part B premium could be lower than the normal amount in cases where the increase in an individual's Social Security Title II benefit due to a Cost of Living Adjustment (COLA) is not sufficient to cover the increase in the beneficiary's SMI premium.

The premium amount is reduced so that the benefit amount due January 3rd (the benefit for December), after considering reductions for the premium and lower dollar rounding, will not be less than the beneficiary's benefit on December 3rd (the benefit for November.) This applies only to individuals who were entitled to benefits for the months of November and December and who actually received benefit checks in December and January. Once such a non-standard or variable premium is established, it remains in effect for the full calendar year. POMS HI 01001.004 and RS 00601.125.

Higher Premiums – Income-related Monthly Adjustment Amount (IRMAA)
Starting in 2007, certain Medicare beneficiaries started paying a higher Part B premium based on a means test. The normal Part B monthly premium is 25 percent of the estimated actual cost with the federal government subsidizing the rest. Under IRMAA, around 5% of Medicare Part B enrollees pay more than this 25% for their monthly Part B premiums because their income is over a certain threshold.

The federal government's share of the Part B premium is reduced on a sliding scale for single beneficiaries with annual modified adjusted gross income over $85,000 and couples over $170,000 in 2009. For example, individuals with annual income between $85,000 and $107,000 will have a premium of $134.90. For couples, this sliding scale is determined by doubling the dollar income amounts. The premium amount rises with a beneficiary's income. The Social Security Administration (SSA) uses tax information provided by the Internal Revenue Service (IRS) to determine which Part B enrollees must pay IRMAA. POMS HI 01101.001

COBRA Extension and Disability Determination

With unemployment rising, the Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions for unemployed workers is more important than ever. Under COBRA former employees can at their own cost continue the health coverage from their lost job for a period of time after employment ends.

Under COBRA, employees are normally entitled to 18 months of coverage but can gain an additional 11 months (for the former employee and his/her qualified dependents) if determined to be disabled by the Social Security Administration (SSA).

Individuals applying for COBRA disability determinations do not have to meet the non-disability requirements for either SSDI (Title II) or SSI (Title XVI) to qualify for the extended coverage. SSA makes such a disability medical finding solely for the purpose of establishing COBRA eligibility.

If a qualified individual is determined to be disabled within the first 60 days of COBRA coverage, he/she must provide notice of the disability determination to the health plan administrator within 60 days after the decision. This notification must occur prior to expiration of the initial 18 months of COBRA coverage. The individual must also notify the plan administrator within 30 days of any determination that he/she is no longer disabled. The premium for this coverage will not exceed 150 percent of the group rate for the additional 11 months of coverage.

SSA will handle COBRA claims expeditiously to ensure that the claimant receives a prompt decision.

More information on COBRA.

Training and Educational Opportunities:


Ethics and Boundaries – Training and Conversation – Milwaukee

(This is a repeat of the 2008 E & B trainings)
Radisson Hotel, 2303 N Mayfair Road
June 17, 2009 12:30 pm – 4:30 pm
June 18, 2009 8:30 am – 12:30 pm
Details and Registration Form for — Milwaukee 2009 Ethics and Boundaries – Training and Conversation | Ethics and Boundaries Training and Conversation Syllabus

The Consequences of a Criminal Record in Wisconsin and the Remedies Under the Law

When: Thursday, April 2, 2009
Where: Wauwatosa
Description & Speakers: Art Besse & Iris Christenson Sponsor: Family Connections of Wisconsin, Inc. Cost is $149.00. Conference focuses on the impact of a record and lawful remedies that may be used by job seekers and/or workforce development professionals. Contact Art Besse at artbesse@netzero.net for more information.

Legal Issues Webinar Series: Employment and the ADA

This program is designed for individuals who have a working knowledge of the ADA and are familiar with its basic elements. Sessions are intended to support continued learning and focus on the knowledge that has been gained since the implementation of the law in terms of how the federal agencies and the courts are interpreting the law and subsequent regulations. To learn more and to register visit: Legal Issues Webinar Series (www.ada-audio.org/Webinar/ADALegal).

Disability Law Lowdown Podcasts

The Disability Law Lowdown podcasts will deliver the latest in disability law information every other week. Listeners can subscribe to the podcasts to have shows automatically delivered to them. Access these very informative podcasts at Disability Law Podcasts (http://dll.ada-podcast.com).

Accessible Technology Webinar Series

The goal of the series is to increase awareness on technology accessibility for people with disabilities. To learn more visit: Accessible Technology Webinar Series (http://www.ada-audio.org/Webinar/AccessibleTechnology).

Ninth Annual Multiple Perspectives Conference

April 28 and 29, 2009
The Ohio State University Columbus Campus

Session Proposals Are Due November 1, 2008 – Student Posters Due March 30, 2009. Get more information on the conference.

The Ninth Annual Multiple Perspectives conference continues the university's efforts to bring together a diverse audience to explore disability as both an individual experience and social reality that cuts across typical divisions of education & employment; scholarship & service; business & government; race, gender & ethnicity. This year's theme "Change, Challenge & Collaboration" reflects the critical place in history we occupy.

This past year the United Nations has adopted the Convention on Disability, Congress passed a new GI bill benefiting veterans with disabilities, The Higher Education Opportunity Act including an increased focus on disability; and the ADA Amendments Act of 2008; the Access Board is proposing changes in Section 508 and the Department of Justice is in the final stages of a comprehensive review and update of the regulations for the ADA.

Ongoing Training:

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