NOSSCR Conference Review (2012)
The Importance of the Social
Security Disability Program
Welcome to
the first installment of my blog, Social
Security Disability News, for the Law Office of Richard A. Gutstadt,
P.C. As you know, our firm is dedicated
to representing Social Security Disability Claimants in their fight to obtain
disability benefits. You can visit our website here. It has now been 16
months since I began working for Mr. Gutstadt in July of 2011, and I have
become deeply entrenched in the practice of disability law.
Recently, Mr. Gutstadt and I
attended the 2012 (fall) National Organization of Social Security Claimant’s
Representatives (NOSSCR) conference.
NOSSCR, established in 1979, is a professional organization of over
4,000 attorneys and other advocates committed to representing individuals
trying to obtain their disability benefits.
You can read more about this amazing organization here.
This year’s gathering took place in
Seattle (WA), and Mr. Gutstadt and I were fortunate enough to attend together, being
able to take full advantage of the extensive number of presentations on a wide
array of topics. For those attorneys and
advocates who specialize in practicing Social Security disability law, these
conferences provide information and insight not only into the “nuts and bolts”
of practice, but also on emerging political and legal issues at the forefront
of disability law.
One of this year’s most interesting
presentations was called “Defending Disability Insurance” by Ms. Kathy Ruffing,
Senior Fellow at the Center on Budget and Policy Priorities. Ms. Ruffing’s presentation addressed and
dispelled many of the myths and misconceptions put forth by critics of the
Social Security Disability program. A
summary of some of the more important points of Ms. Ruffing’s presentation are as
follows:
1.
Myth: Americans are increasingly dependent on Social
Security Disability benefits.
Fact: Although there has been some increase in the percentage of
Americans receiving disability benefits, there are main 3 reasons for
this: (1) Baby boomers (born
1946-1964) have aged in to their
high-disability years; (2) during this same time
more women entered the workforce and
have begun to qualify for disability
benefits; and (3) the Social
Security retirement age rose from 65 to 66.
When these reasons are taken into account, the rise in disability
benefits appears far less dramatic.
2.
Myth: The Social Security Disability (DI) program is
going bankrupt and will not be
able to pay benefits to those in
need.
Fact: Bankruptcy is a loaded term.
The DI program is financed chiefly through FICA taxes. Under current policies, the DI program faces
sustained deficits and faces insolvency as early as 2016 when its portion of
the Social Security trust fund will be depleted. At this point, if policy makers refuse to
take action, benefits would be cut to whatever level could be recovered by
incoming tax receipts. Current cuts in
benefits would likely be around 21% and could increase to 25% in later
years. Policy makers have options at
their disposal, as they have utilized in the past, to ensure that recipients’
full benefits will be paid.
3.
Myth:
Disability benefits are easy to obtain.
Fact: To qualify for DI benefits, an individual
must meet several criteria. First, the
individual must be both fully insured and disability
insured. Being fully insured means
having worked one-quarter of one’s adult life, and being disability insured
means having worked 5 out of the last 10 years.
An individual must also have a “severe, medical determinable physical or
mental impairment that is expected to last 12 months or result in death.” The individual must also have the inability
to perform “substantial gainful activity” – i.e. be unable to work a full-time
job. There are also additional criteria
based on an individual’s age, educational level, and ability to perform
physically and/or mentally that the Social Security Administration must take
into account before an individual may receive DI benefits[1].
The DI portion of the Social
Security program provides modest benefits to individuals who have become unable
to work due to a debilitating physical and/or psychological condition(s). It is not intended to replace a salary earned
from full or part-time employment.
Rather, it is an important safety net for individuals in our society who
have ceased to be able to support themselves through working.
All in all,
this year’s NOSSCR conference provided a wealth of information on many areas of
Social Security Disability practice – a large, complex, and continuously
evolving area of administrative law.
Please check back in the near future for new posts which will provide
resources and insight into the many facets of the Social Security
Disability program.
Eric J. Patrick, Esq.
Eric J. Patrick, Esq.
[1] Discussion
of myths/facts no.’s 1-3 are based on the following: Defending
Disability Insurance, Kathy Ruffing, Senior Fellow at the Center on Budget
and Policy Priorities, Electronic NOSSCR Materials, Seattle, WA, October 2010,
p. 279 – 314.