1. Social Security Retirement John S. Whitelaw Community Legal Services 1410 West Erie Avenue Philadelphia, PA 19140 July 2014 This presentation was sponsored by Philadelphia Corporation for Aging. Learn more at PCA at www.pcacares.org

2. SOURCES of LAW Statute – Title II of the Social Security Act (42 U.S.C § 401 et seq.) – Title XVI of the Social Security Act – (42 U.S.C. § 1381 et seq.) Regulations – 20 C.F.R. § 401 et seq. – 20 C.F.R. § 416 et seq. Program Operations Manual System (POMS) https://secure.ssa.gov/apps10/poms.nsf/home!readform 2

3. Internet Resources www.ssa.gov or www.socialsecurity.gov www.ssa.govwww.socialsecurity.gov www.medicare.gov www.nsclc.org http://socsecnews.blogspot.com/ www.ssa.connect.com www.severe.net 3

4. National Statistics (April 2014 snapshot) Social Security Benefits – 58,472,000 Retired Workers – 38,349,000 Disabled Workers – 8,942,000 4

5. Benefit Amounts – April 2014 All Beneficiaries$1,186 Retired Workers$1,298 Disabled Workers$1,145 5

6. Taxes and Benefits Maximum Earnings Taxed – 2014$117,000 – (Up from$113,700 in 2013) Maximum Taxes Paid (excluding Medicare, not self-employment) – 2014$7,254 Maximum Retirement Benefit at Full Retirement Age (FRA) – 2014$2,642 6

7. National Statistics Supplemental Security Income (SSI) – 8,414,000 (5,596,000; 2,818,000) SSI Age – 2,224,000 SSI Disability/Blindness – 6,291,000 7

8. Pennsylvania Numbers (December 2012) Retired Workers2,267,863 Disabled Workers457,258 65 or older2,429,329 8

9. Pennsylvania Numbers SSI (December 2012) – 376,600 – 63,189 (over 65) – 313, 411 (under 65) (including 76,179 under 18) 9

10. Attorney’s Fees Average Disability claim$3,000 Total nationally$92-104 MILL/Mth Retirement Work – Probably not unless significant part of caseload – Requirement to file electronically if request direct payment of fee 10

11. Applying for Benefits In person Online Via the Toll Free Telephone Number – 1-800-772-1213 11

12. Applying for Benefits Online YESNO Social Security SSI DisabilityDependents RetirementSurvivors SpouseWidow(er)s Medicare OnlyRRB 12

13. SSA Online “Boldly Go” 13

14. What are Social Security Benefits? Title II of the Social Security Act Insurance Program for those workers who have paid enough in Social Security taxes to be covered – Retirement – Survivors/Dependents – Disability 14

15. Insured Status General rule is 40 covered quarters (and 10 out of last 20 for disability) Can be as little as 6 quarters! 2014$1,200 15

16. Disability Same definition for Title II and Title XVI (SSI) “Unable to engage in substantial gainful activity because of a medically determinable impairment which is expected to last twelve months or result in death” Physical Mental Combination 16

17. Retirement Early Retirement Benefits – Age 62 – No Medicare until 65 Full Retirement Age (FRA) – Traditionally 65 – Moving towards 67 17

18. Full Retirement Age 1943 – 195466 years 1960 and later67 years Note: Medicare eligibility still begins at 65 years of age 18

19. 19 Early Retirement Can take as early as 62 Reduction in benefits Earnings Limitations What about Medicare?

20. 20 How Much Will I Lose? Traditional – 20% of “full” benefit amount (PIA) More than 36 months early – 20% plus 5/12 of 1% per month in excess of 36 months Technical – 5/12 of 1% per month

21. 21 Can I Retire and Still Work? Yes, with limitations What are the rules? – Up to $15,480 no effect – Over $15,480, benefits reduced $1 for every $2 earned – If you will reach full retirement age in 2014, the limit on your earnings for the months before full retirement age is $41,400 No limits after Full Retirement Age

22. Lump Sum Death Benefit $255 Is this really worth talking about? 22

23. What is Supplemental Security Income (SSI)? Federal needs-based program for those: who have insufficient work history to qualify for Social Security disability insurance payments or who only receive a small amount of Social Security benefits, and who are elderly or disabled 23

24. SSI Disability / Age – 65 Financial Need – Income – Assets/Resource Other – Citizenship Issues – Criminal Justice Issues 24

25. SSI Amounts 2014 Single $721 Couple$1,082 Plus State Supplement SSP $22.10/ $33.30 25

26. SSI -- Income 20 C.F.R. § 416.1100 et seq. POMS SI 00810.000 et seq. EARNED UNEARNED 26

27. Assets or Resources 20 C.F.R. § 416.1200 et seq. POMS SI 01100.000 et seq. Stuff that you have 27

28. What is the value of a resource? Equity 28

29. Transfer of Asset Penalty Given away for less than fair market value 36 month look back period Divide amount of giveaway by full benefit rate 29

30. Benefits for Non United States Citizens Title II POMS GN 303.000 et seq. Title XVI POMS SI 0502.000 et seq. 30

31. DEADLINES Appeals – 60 days (plus 5 for mailing) – 10 days (plus 5 for mailing) Proposed Actions (Title II) – 30 days 31

32. Good Cause for Missing Deadlines Why is this slide blank? 32

33. Procedural Steps Initial Decision Reconsideration Hearing Before Administrative Law Judge (ALJ) Appeals Council Federal Court 33

34. Reconsideration File Review Informal Conference Formal Conference 34

35. 35 Overpayments What is an overpayment?

36. 36 Overpayments & Waivers File at any time Form SSA-632 Separate from merits of overpayment Stops recoupment IF REQUESTED Full appeal rights

37. Waiver Requirements Without FaultAND Recovery would defeat the purpose of the Social Security Act (generally seen as a financial hardship test – Presumed if receive SSI or other cash Public Assistance) or Recovery would be against equity and good conscience 37

38. Waiver 20 C.F.R.§ 404.506 et seq. § 416.550 et seq. POMS SI 02260.000 et seq. GN 02210.000 et seq. CAN BE FILED AT ANY TIME 38

39. 39 Waivers Administrative waiver for overpayments less than $1,000 must be requested (it’s a secret) Do not need to complete Waiver form POMS SI 2260.030(B)(2)

40. 40 Waivers Limits on withholding – SSI: 10% of full check ($71.00) Negotiate a lower amount if client can’t afford 10% – LIS-eligibles: $10 – POMS GN 2210.030(B)(6)(exception) – Title II: no limit Negotiate a lower amount

41. Common Forms Appointment of Representative (SSA 1696) Request for Reconsideration(HA 561) Request for Hearing (HA 501) Request for Waiver of Overpayment (SSA 632) Tip: To find Forms, “Google” SSA and [form number] 41

42. SSA Understaffing December 2013 61,957 September 2013 62,543 June 2013 62,877 March 2013 63,777 December 2012 64,538 September 2012 65,113 September 2011 67,136 December 2010 70,270 December 2009 67,486 September 2009 67,632 42