Ada social security impacts with disability(spring lyecum fair 2009) (2)
1. American Disability Act is the most comprehensive civil protection for people with
disabilities.
Its purpose, to prohibit discrimination against people with disabilities in the
workplace both private and public, provide adequate public transportation and public
services and to make them available and accessible to all people with disabilities.
The original ADA was sign into law in 1990 it provided five important titlements.
Title I (Employment)
Title II (Sate and Local Government)
Title III (Public Accommodations)
Title IV (Telecommunications)
Title V (Miscellaneous)
2. American Disability Act defines disability in a very broad spectrum:
Disabilities are define in three categories:
Peoples who currently have a disability
People with a history of disability and
People who have been perceive as disable by other groups whether true or
not…
3. Disabilities is not prejudice, it has know biases, it can
affect anyone at anytime regardless of age, race,
ethnicity and gender…
5. Facts: (American Disability Act)
Since the 1990’s the ADA has evolved and been amended. Why? Miscarriage of justice and
abuse by corporate entities and big business.
Reason: Because Congress presume that ADA 1990’s would provide comprehensive and
direct mandate to discrimination against individuals with disabilities.
Over the past decade the disability act (1990’s) has been abuse and not follow to full
intent of the law; companies have terminate individuals due to their disabilities…
Supreme Court Decisions influence that radical change in the America Disability Act.
Four Supreme court decisions change the reflection of disabilities in this country. They
are as follows:
I. Sutton v. United Air Lines, Inc., 527 U.S. 471,119 S.Ct. 2139, 151 L.Ed.2d 61(1999)
II. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534U.S. 184, 122 S.Ct. 681,
144 L.Ed.2d 450 (2002).
These cases enter mitigating circumstances that substantially rule in the favor of the employer stating
certain disabilities does not effect certain normal basic function of life activities…….
These court decisions allowed employers to construe what action impacts their work
environment…
ADAAA (American Disability Act “Amendment Act of 2008) passed by Congress (September
2008) and signed into law by President Bush.
This amendment became effective January 2009…
In essence suspends any interpretation by companies to determine who is disable and it is
not, in addition, no company can terminate any individual who becomes disable during the
duration of their employment…
6. 48.4 million Americans received Social Security benefits as
of December 2005, an increase of 738,500 since December
2004;
7.5 million Americans received benefits based on
disability---6,519,000 disabled workers, 768,500 disabled
adult children and 213,000 disabled widows and widowers. In
addition, 153,800 spouses and 1,564,300 minor and student
children of disabled workers received benefits;
7,113,879 persons received federally administered SSI
payments---or 126,000 more than the previous year. Of the
total, 1,994,511 (28%) were aged 65 or older; 4,082,870
(57.4%) were blind or disabled aged 18-64; and 1,036,498
(14.6%) were blind or disabled under age 18, and total SSI
payments were $37.2 billion in 2005, up 3.2% from 2004.
Federally administered state supplementation totaled $4.2
billion.
7. Table 1.Number of people receiving Social Security, Supplemental Security Income, or both, March 2008 (in thousands)
Type of beneficiary Total
Social
Security only
SSI only
Both Social
Security
and SSI
All beneficiaries 55,034 47,634 4,800 2,600
Aged 65 or older 36,251 34,229 868 1,154
Disabled, under age 65 a
11,766 6,388 3,932 1,446
Other b
7,017 7,017 . . . . . .
SOURCE: Social Security Administration, Master Beneficiary Record, 100 percent data. Social Security Administration, Supplemental
Security Record, 100 percent data.
NOTES: Data are for the end of the specified month. Only Social Security beneficiaries in current-payment status are included. . . . =
not applicable.
a. Includes children receiving SSI on the basis of their own disability.
b. Social Security beneficiaries who are neither aged nor disabled (for example, early retirees, young survivors).
CONTACT: Art Kahn or ssi.monthly@ssa.gov for further information.
8. Table 2.Social Security benefits, March 2008
Type of beneficiary
Beneficiaries Total monthly
benefits
(millions
of dollars)
Average
monthly
benefit
(dollars)
Number
(thousands)
Percent
All beneficiaries a
50,234 100.0 49,721 989.80
Old-Age Insurance
Retired workers 31,803 63.3 34,420 1,082.30
Spouses 2,421 4.8 1,289 532.40
Children 509 1.0 275 541.10
Survivors Insurance
Widow(er)s and
parents b
4,418 8.8 4,519 1,023.00
Widowed mothers and
fathers c
157 0.3 121 773.20
Children 1,920 3.8 1,358 707.00
Disability Insurance
Disabled workers 7,162 14.3 7,192 1,004.20
Spouses 153 0.3 41 265.30
Children 1,693 3.4 507 299.70
SOURCE: Social Security Administration, Master Beneficiary Record, 100 percent data.
9. Table 3.Supplemental Security Income recipients, March 2008
Age
Recipients Total
payments a
(millions
of dollars)
Average
monthly
payment b
(dollars)
Number
(thousands)
Percent
All recipients 7,400 100.0 3,770 476.90
Under 18 1,126 15.2 671 567.50
18–64 4,251 57.5 2,300 492.50
65 or older 2,022 27.3 799 393.50
SOURCE: Social Security Administration, Supplemental Security Record, 100 percent data.
NOTE: Data are for the end of the specified month.
a. Includes retroactive payments.
b. Excludes retroactive payments.
10. Teachers, Professors , Counselors are not immune to
catastrophic
medical issues or other tragedies that may rendered the need
for social intervention.
Whether you are working professional or the potential money
maker of the family; if tragedy happens you can be one–step of
away from the impact of a disability.
Social agencies can protect you and help you through hard times.
Yes! If you understand the system and the stipulation and the
bureaucratic paperwork to qualified.
11. The question is yes , but do you know the system and can you
sustain the wait.
12. Several factors can play a role in going from living the American
dream to being disable.
Key Indicators :
Lack of family support can be a detriment to surviving
disability.
Understanding you asset can limited the amount of help you
receive from disability benefits.
Rejection of insurance claims can affect your disability benefits.
13. “The Social Security system is choking on paperwork
and spending millions of dollars a year screening
dubious applications for disability benefits” according
Mary Walsh, New York Times.
Many insurance companies are inferring that
claimants suffering on-job injuries applied for Social
Security benefits.
Claimants are knowingly being rejected, due to the
higher restrictions that are place on disability by
Social Security
The benefit is insurance companies can prolong
payment of claim before initiating pay-out.
Fiscal revenues represent the insurance companies
assets to share-holders to pay out claimants
14. Family support plays a strong role in
maintaining the mental state of mind:
Because the process from start to
finished to acquire disability insurance
is lengthy.
The ability to stay positive during
the process will ultimately determine
your fate.
Strong family support= stability and
communication.
15. Understanding the process from start to finished, and how to
prepared for the rigorous process of gaining eligibility.
DSHS: The process and how it can provide a temporary
support system for you.
DSHS can provide you an advocate during the disability
process.
Social Security/SSI Benefits and understanding the political
mechanism and the differences between two separate
programs.
16. Medical documentation is a high premium to providing
factual evidence to supporting your Social Security case.
You need current and consistent medical
documentation.
Social Security have several ways to prove disability
cases.
Mental and Physical docmentations are two viable ways
to prove disability in a Social Security case.
Reliable expert witness, such as medical physician,
counselor or psychiatrist can be your friends.
17. Remember, social security is here to present their side
of the case. Contrary to average person perception
social security is for the most part an Insurance
company. Therefore, you have to prove your case. As
such, social security will be bringing their own experts
witness to refute any testimony that your witnesses
provide. (vocational counselor, psychiatrist, and medical
physicians)
18. The process from the initial review (application) to the determination
of your case can be quite lengthy. Although, there are some cases
where determination of a case can take as little 5 months. That is
the exception and not the rule.
The average wait time in the state of Washington is approximately 18
months. But can take up to 36 months to gain a determination on
your case. Some of these factors were mention early in this
presentation.
Below is a listing of the process from start to finished. (this includes
other levels that can be implemented if your case is denied)
The application (review process)
The reconsideration (If the initial review process is denied/about
93% of the time the process is initial denied)
The Administrative Hearing (Administrative Judge hears the
appeal if reconsideration is denied)
The Appeals Council (Located in Virginia) hears the appeal
Federal Court Hearing (last resort) if all others levels have been
exhausted. (total process can take up to 3 years for determination)