Disability Law Blog

User Fee to Calculate Attorneys Fees Unchanged in 2006

The maximum that can be charged for calculating attorney's fees remains unchanged for 2006:

The Commissioner of Social Security has determined, based on the best available data that the current assessment percentage rate of 6.3 percent will continue for 2006. We will continue to review our costs on a yearly basis.

The $75 cap remains in place.

Available in text and PDF.

71 Fed.Reg. 964 (January 6, 2006)

SSA Releases Data on OASDI Benes by State and Zip Code

SSA's Office of Policy has released its annual report on Social Security beneficiaries arranged by state and zip code.   The publication "presents basic program data on the number and type of beneficiaries and the amount of benefits paid in each state, Social Security Administration field office, and ZIP Code. It also shows the number of beneficiaries aged 65 or older."g

SSA Issues Notice of COLA and Other Adjustments for 2006

"SUMMARY: The Commissioner has determined--
    (1) A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005;
    (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2006 to $603 for an eligible individual, $904 for an eligible individual with an eligible spouse, and $302 for an essential person;
    (3) The student earned income exclusion to be $1,460 per month in 2006 but not more than $5,910 in all of 2006;
    (4) The dollar fee limit for services performed as a representative payee to be $33 per month ($64 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2006;
    (5) The national average wage index for 2004 to be $35,648.55;
    (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $94,200 for remuneration paid in 2006 and self-employment income earned in taxable years beginning in 2006;
    (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2006 to be $1,040 and $2,770;
    (8) The dollar amounts ("bend points'') used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $656 and $3,955;
    (9) The dollar amounts ("bend points'') used in the formula for computing maximum family benefits for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $838, $1,210, and $1,578;
    (10) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2006 to be $970;
    (11) The "old-law'' contribution and benefit base to be $69,900 for 2006;
    (12) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2006 to be $1,450, and the corresponding amount for non-blind disabled persons to be $860;
    (13) The earnings threshold establishing a month as a part of a trial work period to be $620 for 2006; and
    (14) Coverage thresholds for 2006 to be $1,500 for domestic workers
and $1,300 for election workers."

Available in text and PDF

70 FR 61677-61683 (October 25, 2005)

SSA Extends Testing of Modified Disability Determination Procedures

SSA has decided to extend testing of several modified disability determination procedures for another year:

Current regulations at 20 CFR 404.906 and 416.1406 authorize us to test, individually, or in any combination, different modifications to the disability determination procedures. We have conducted several tests under the authority of these rules, including a prototype that incorporates a number of modifications to the disability determination procedures that the State agencies use. The prototype included three redesign features, and we previously extended the tests of two of those features: the use of a single decisionmaker, in which a disability examiner may make the initial disability determination in most cases without requiring the signature of a medical consultant; and elimination of the reconsideration level of review. We are now announcing a further extension of the testing of these two features.

We also have conducted another test involving the use of a single decisionmaker who may make the initial disability determination in most cases without requiring the signature of a medical consultant. We are also extending the period during which we will select cases to be included in this test of the single decisionmaker feature.

Available in text and PDF.

70 FR 56204-56205 (September 26, 2005)

SSA Announces Benefit Offset Pilot Project to Encourage Disability Beneficiaries to Return to Work

The Social Security Administration (SSA) has announced a demonstration project to test alternative approaches to treating the work activity of Title II disability beneficiaries:

The project will test the effects of reducing benefits $1 for every $2 of a beneficiary's earnings above the Substantial Gainful Activity (SGA) amount when title II benefits otherwise would not be payable during the disability beneficiary's reentitlement period. This benefit offset will be provided in concert with other support services, such as benefits counseling. The demonstration also will test the effects of extending the duration of the reentitlement period from the current 36 months to 72 months. The demonstration also will test the
effects of altering current rules that we use in continuing disability reviews. Only beneficiaries selected for the treatment group under the project will be eligible for the demonstration provisions. We will also modify the rules for paying outcome payments to providers participating in the Ticket to Work program who have accepted tickets from
beneficiaries in the treatment group.

The benefit offset pilot will be conducted in Connecticut, Utah, Vermont and Wisconsin beginning around May 1, 2005.

Available in text and PDF

70 FR 19821-19825 (April 14, 2005)

Advance Notice of Proposed Rulemaking re Respiratory Disorders

The fourth and final advance NPR issued by SSA today, this one addressing respiratory disorders: "We are planning to update and revise the rules that we use to evaluate respiratory disorders of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act."

The comment period ends June 13, 2005.

Available in text and PDF

70 FR 19358-19361 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Neurological Disorders

A third advance notice of proposed rulemaking issued by SSA today, this one involving revisions to the neurological disorders listings:

We are planning to update and revise the rules that we use to evaluate neurological impairments of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments and suggestions for updating and revising those rules as we begin the rulemaking process. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with neurological disorders.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19356-19358 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Speech Disorders

It's a busy day at the Social Security Administration (SSA). SSA has issued another advance notice of proposed rulemaking:

We are considering whether to add a new body system to our listings for evaluating language and speech disorders. The new listings would apply to adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments about whether we should establish these new rules, and if so, suggestions about what these proposed rules should include. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with language and speech disorders.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19351-19353 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Hearing Impairments

We are planning to update and revise the rules that we use to evaluate hearing impairments and disturbance of labyrinthine-vestibular function of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments and suggestions for updating and revising those rules as we begin the rulemaking process. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with hearing impairments or disturbance of labyrinthine-vestibular function.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19353-19356 (April 13, 2005)

SSA Announces Implementation of Attorney Fee Withholding Provisions of Social Security Protection Act

The Social Security Administration announced that withholding of attorney's fees in Title XVI cases and the demonstration project to extend fee withholding to non-attorney representatives have been implemented:

The purpose of this notice is to announce that the Social Security Administration (SSA) has implemented sections 302 and 303 of the Social Security Protection Act of 2004 (SSPA). Section 302 of the SSPA extends the current attorney fee withholding and payment process under title II of the Social Security Act (the Act) to claims for benefits under title XVI of the Act. Section 303 of the SSPA requires the Commissioner of Social Security (the Commissioner) to develop and implement a five-year nationwide demonstration project that extends to certain non-attorney representatives of claimants under titles II and XVI of the Act the option to have approved representatives' fees withheld and paid directly from a beneficiary's past-due benefits.

Available in text and PDF.

70 FR 14490-14491 (March 22, 2005)