Wednesday: Breakout Session 6Workshop D

SOCIAL SECURITY:HOW DO THE PIECES FIT TOGETHER? (CLE)

Social Security payments are becoming an increasing benefit to children and families receiving childsupport, but it is important to know how to get the information we need. Participate in a discussion withrepresentatives of SSA, state staff, and legal staff to review how SSA benefits are determined, how you canfind out about the benefits, and how to get those benefits to families.

Presenters: Janet HodgesSocial Security AdministrationConway, SC

Betty LaCrossFPLS State Technical Support LiaisonNorthrop GrummanChantilly, VA

Moderator: Lara Webb ForsSenior Assistant Prosecuting AttorneyGreene County Prosecutor’s OfficeSpringfield, MO

Time: 10:15 a.m. - 11:30 a.m.Location: Atlantic 8

Myrtle Beach, South Carolina ‘09ERICSA 46th Annual Training Conference & Exposition

Social Security: How Do The

Pieces Fit Together?

ERICSAApril 1, 2009

The Social Security Administration

And Child Support

Jan Hodges

Title II Claims Representative

Social Security Administration

Conway, SC

Social Security Benefits

• Retirement Benefits

• Disability Benefits

• Survivor Benefits

• Medicare Entitlement

• Supplemental Security Income

Benefit Types Affecting Children

• Natural Child

• Adopted Child

• Illegitimate children

• Step Child

• Grand Children

• Disabled Adult Children

• Student child Benefits

Benefit Types Affecting Children

• Disability Benefits

workers/widows/widowers/Children

• Parents

• Deemed Spouses/Divorced Spouses, independently entitled divorced spouse

• Student child Benefits

• Medicare: A-B-C-D

• SSI (Aged/Disabled/Blind)

What is Disability?

• Physical or mental impairment

• Keeps you from doing “substantial gainful

activity”

• Condition must be expected to last 12

months or result in death before 12

months

• Disability decision made by state agency

using Social Security rules

Who Can Get Disability?

• Disabled worker

– Age 24 or younger

• 1 1/2 years of work in last 3 years

– Age 31 or older

• 5 years of work in last 10 years

– 24 to 31 years

• Gradually increases from 1 1/2 to 5 years and 5

years to 10 years

Who Can Get Disability?

• Disabled Adult Child

– Adult child disabled before age 22 and

– Parent retired, deceased, or disabled

– benefit amount depends on parents work

• Disabled Widow(er)

– Spouse deceased

– Disability began within 7 years of workers

death

– 50 years old

Who Can Get Disability?

• SSILow income

$637 per month for individual

$956 per month for couple

Low assets

$2,000 maximum for individual

$3,000 maximum for couple

$4,000 maximum 1 parent family

$5,000 maximum 2 parent family

Can You Get Both?

D

I

S

A

B

I

L

I

T

Y

SSD

Based on

someone’s

work

SSI

Low

income

Low

assets

Medicare and Medicaid

SSD Medicare SSI Medicaid D

I

S

A

B

I

L

I

T

Y

24 months

after

disability

starts

No waiting

period

Are You Always Denied at First?

Reality

100 people file for disability

40 allowed

60 denied

25 request reconsideration

4 allowed

21 denied

19 request a hearing

12 allowed

7 denied or dismissed

100 People Receiving Disability

80 allowed at initial or reconsideration level

20 allowed at hearing level or higher

How Work Affects SSI Checks

• Reduces check $1.00 for every $2.00 in

wages over $85.00 in a month

• Wages effect check 2 months after they

are paid

• Example $465.00 wages in June

•August check reduced $190.00

How Work Affects SSD Checks

• 9 month trial work period

• Wages must be at least $670.00 to count

as trial work month

• After 9 trial work months evaluate work for

Substantial Gainful Activity

• Substantial Gainful Activity = earned

$940.00 or above per month

How Work Affects SSD Checks

• under $940.00 monthly- no effect on

benefits

• $1,570.00 or more per month is SGA for

blind individual

• Under $1570.00 monthly – no effect on

benefits for blind individual

Does Work Stop Medicare and Medicaid?

D

I

S

A

B

L

E

D

Medicare Medicaid

If

you

are

still

Continues at

least 7 yrs &

9 mos after

trial work

period ends

If your check

stops because

your wages

are too high,

Medicaid

continues

Ticket to Work

• New way to receive Vocational

Rehabilitation Services

• Social Security mails a paper ticket

• Find VR provider

• www.yourtickettowork.com

• No medical review while using ticket

What & How to Report to SSA

• Report work within a week or two

• Name, address and phone number of

employer

• Report to both departments if you receive

two checks

• Be able to estimate future earnings

• Know if and when checks will stop

What & How to Report to SSA

• Make report in person

• Keep a record of what happened

• If work situation changes i.e. more or

fewer hours tell us

SSD Prisoner Provisions

Rules for Suspension

Final conviction for criminal offense; and

Confined to institution for more than 30

continuous days

Effect of Prisoner Suspension

• Worker benefits suspended-if convicted &

confined

• Payment continues to all auxiliaries on the

account

– Note: If auxiliary is convicted and confined

benefits will be suspended

Garnishment Orders

Legal Process brought by individual in a

State Court for enforcement of a legal

obligation to provide:

1. Child Support and/or

2. Alimony Payments

Court Order Garnishment System

(COGS)

• Automated system allows local office to effectuate actions

• Notice sent to garnished beneficiary and the court

• Individuals do not have any right of appeal to SSA

• If garnishment is for a percentage of payments, COLA increases in benefits will increase the garnishment amount

Betty LaCross

FPLS State Technical Support

betty.lacross@ngc.com

703-272-5185

SSA Data From the FPLS

FPLS External Locate Sources

Social Security

Administration

Federal Bureau of

Investigation

Internal Revenue

Service

Department of

Defense

Veterans Affairs

National Security

Agency

SSA Locate Enhancements

• State Verification and Exchange System (SVES)

– Implemented May 2002 & provided daily

• Self-employment indicator & income – March 2005

• SVES for children – September 2005

• Proactive SVES data (State option) – July 2007

• Local District Office Address – April 2008

• SVES Pending Title II Claims – June 2008

• Title II Sweep – August 2008

SVES Data Exchange

SSA Title II

(earned)Aged, Retired, Survivors,

Disabled

SSA Title XVI

(needs tested)Supplemental Security Income

Aged, Disabled

Prisoner

DataLocal, State, Federal Institutions

Title II Data

• Recipient name, address, and date of birth• Claim Number & Beneficiary ID Code• Date and amount of entitlement• Current pay status • Historical record of benefits• Denial, suspension and termination dates• Verified death information• Railroad Retirement indicator

Send IWO to:Railroad Retirement Board844 North Rush StreetChicago, Illinois 60611-20922

Social Security Payments

• February 2009 Collections

– 361,267 Garnishments

– $47,309,951 Total Child Support Payments

Title XVI Data

• Recipient name, address, and date of birth

• Date of benefit or denial

• Current payment status and amount

• Benefit payee information

• Historical payment information

• Verified death information

Prisoner Data

• Over 6,500 correctional institutions

• Cost recovery program

• Data reported at time of incarceration

• Release Date - not updated

• Prison/facility address

• Contact name and phone number

Prisoner Resources

• Federal Bureau of Prisons

http://www.bop.gov/iloc2/LocateInmate.jsp

• Victims Information and Notification Everyday

(VINE)

www.vinelink.com

Annual Wage Record

• W-2 Information

• Self-employment indicator - Jan 2005

• Self-employment income - Apr 2005

• Requires State system to accept data

SVES for Children

• Implemented with September 2005 release

• Returns same data as provided for adults

• Requires State to send „locate‟ request for a

child or accept proactive locate data

• Some States identified design issues with

requesting and storing child data

Proactive SVES Match

• Release 07-01, July 2007

• Returns SVES match data for person added or

changed on the FCR

• State can elect to receive NCP, Child, and/or CP

data proactively

• Requires that State elect option to receive

proactive match data

District Office Addresses

• Release 08-01, April 2008

• Provides the SSA District Office address

• Facilitates automated income withholding

SVES Title II Pending Claims

• Release 08-01, Implemented June 2008

• Proactive match for new and changed claims

• State option to receive

• Data is not stored

• Send Income Withholding Order (IWO)

• SSA will hold IWO and apply to initial lump sum

payment

SVES Title II Sweep

• Release 08-01, August 2008

• Provides States with a caseload baseline

• Prevents need to submit locate requests for all

participants

• State must be signed up for SVES proactive

matching and Title II pending file

• Match on participants requested on proactive

matching form

Contacts and Information

• State Technical Support Liaisonshttp://www.acf.hhs.gov/programs/cse/newhire/contacts/fcrtscontacts.htm

• OCSE Web Sitehttp://www.acf.hhs.gov/programs/cse/

• Options Control Matrixhttp://www.acf.hhs.gov/programs/cse/newhire/library/fcr/options_matrix.htm

• Technical Assistance Guide (TAG)http://www.acf.hhs.gov/programs/cse/newhire/library/fcr/fcr.htm

Involving the IV-D Attorney

Lara Webb Fors

Senior Assistant Prosecuting Attorney

Christian, Greene and Taney Counties

Prosecutors‟ Regional Child Support Office

313 South Avenue, 3rd Floor

Springfield, MO 65806

(417) 868-4126

Fax: (417) 868-4167

Email at: LWebbFors@greenecountymo.org

Involving the IV-D Attorney

• Sometimes a referral will go to the IV-D

Attorney when there is an issue about the

NCP‟s ability to work

• The child support agency, the IV-D

Attorney, and the Social Security

Administration must partner together to

communicate and work efficiently to get as

much support to families as possible

Referrals to the IV-D Attorney

• There are three questions the attorney

needs to answer before proceeding:

– Is the NCP already receiving benefits OR is

the NCP in the application process?

– If the NCP is receiving benefits is it Title II

(SSD) or Title XVI benefits (SSI)?

– Is this an Establishment action OR an

Enforcement action?

NCP Already Receiving Benefits

• Determine whether the benefit is SSI or SSD

• Request that the NCP provide written verification

from SSA of the benefit amount

• If the benefits are SSD, determine whether the

child(ren) qualify for an auxiliary (dependent)

benefit

• Verify the total auxiliary benefit amount and the

number of children that share it

NCP Allegedly Applied For Benefits

• Verify that NCP has an application with SSA or CS agency

• Request copy of application from NCP; verify NCP listed the child in your action on the application as a “child” for benefit purposes

• Request a copy of NCP‟s “Social Security Statement”– Find yearly gross reported income

– Find amount of benefit if successful

– http://www.ssa.gov/mystatement/sample1.htm

NCP “Going To” Apply For Benefits

• Give NCP directions to SSA office

• Tell NCP to keep a copy of application for you

• Tell NCP to include all children on application

• Tell NCP to apply for Medicaid

– Medicaid application automatically files for

Social Security Benefits; workers in that office

may help you monitor NCP‟s compliance with

process

So now you know …

• That the NCP is receiving Social Security

disability benefits

• That you are trying to establish an order

Establishment Cases SSD

• If NCP is receiving SSA benefits, all of NCP‟s benefit is included in income; the child‟s benefit from NCP‟s SS is notincluded on the Form 14 anywhere

• If there is an auxiliary (dependent) benefit, that amount is credited against the child support calculation amount before an amount is ordered

• CS order may be zero

Now you know…

• That the NCP is receiving SSI

• That you are trying to establish an order

Establishment Cases SSI

• If NCP is receiving SSI, (welfare SSD) benefit

not included on the child support calculation as

income

• No auxiliary benefit is available to dependents

• If no part of benefit is SSD, report to the child

support agency that NCP is on SSI only and be

prepared to get Court to order paternity and

state debt only; other factors may make you

argue for some support

You’ve determined that…

• NCP is receiving SSD benefits

• You are trying to enforce a child support

order

Enforcing Cases with SSD Benefits

• SSD benefits are subject to IWO

• Even if the child‟s benefit exceeds the amount of

current child support due in a month, if there are

arrears, send IWO to SSA for arrearage

payment

– See Weaks v. Weaks, 821 SW2d 503

• Disability determinations are good for 3 years

• NCP may be working and still receive some

disability payment

Unfortunately, you now know…

• NCP is receiving SSI benefits

• You are trying to enforce a child support

order

Enforcing Cases with SSI Benefits

• Not subject to IWO

• If NCP is receiving SSI only and no other

verifiable form of income, may close the

referral, especially for civil contempt cases

• Note that even if NCP is receiving SSI, it is

possible that NCP is also receiving some

SSD benefits

No benefits yet…

If the NCP has applied for disability, but

not yet been successful, things to consider

when you are seeking to establish a child

support order:

Establishment with SSA Application

• In addition to tips listed previously, contact NCP‟s disability attorney and determine time frames for a decision

• If it will take longer than one year for a decision, discuss with your supervisor about office policy– May prefer to establish paternity only and let the child

support agency modify the order to add support later

– May want to impute minimum wage, but be careful; the Court may not allow if Court believes NCP is disabled and has no income

– If the child support agency confirms that NCP is receiving Medicaid and Food Stamps, may want to get paternity only

No benefits yet, but…

• If the NCP has applied for benefits and

you are trying to enforce a child support

order, think about doing these things:

Enforcing with an SSA Application

• In addition to tips listed previously, contact NCP‟s disability attorney for time frames for a decision

• Request a copy of medical records or have NCP sign a Medical Release form

• Monitor that NCP is keeping doctor appointments for SSD determination

• Send IWO to SSA; SSA will put in their COGS system

• Check your state‟s automated system screens to see if NCP has other income, or inquire with child support agency

• If NCP has private attorney for the enforcement action, do discovery for income and assets

• If the child support agency confirms that NCP is receiving Medicaid and Food Stamps, you may want to close referral

Questions?