VICTIMS OF IDENTITY THEFT/DOMESTIC VIOLENCE AND SOCIAL SECURITY

Whether it is domestic violence that requires this, or you are a victim of identity theft, it may be best to change your social security number. Social Security (SSA) will address this for you. After providing a statement explaining why you need a new number, you must provide credible, third-party documentation of your reason, including medical, legal, or police documents regarding identity theft, abuse, or harassment.

There are several other reasons that the SSA will issue a new number. For example, it may approve a change if similar numbers within a family unit cause confusion or if two identical numbers have been issued in error. If you have a religious objection to a certain number or sequence of numbers in your current SSN, you may also qualify for a change.

To change your SSN for any reason, you must apply at a local Social Security office. 

A COURT REVIEWS SOCIAL SECURITY FINDING IN DISABILITY CASE

Judicial review of disability benefit determinations is governed by 42 U.S.C. §§421(d) and 1383(c)(3), which expressly incorporates the standards established by 42 U.S.C. §405(g). In relevant part, §405(g) adopts the familiar administrative law review standard of “substantial evidence,” i.e., that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” Thus, if the Commissioner’s decision is supported by “substantial evidence” and there are no other legal or procedural deficiencies, his decision must be affirmed.

Barrere v. Comm'r of Social Security, NYLJ February 04, 2020, Date filed: 2020-01-28, Court: U.S. District Court for the Eastern District of New York, U.S. - EDN,  Judge: District Judge Brian Cogan, Case Number: 18-cv-5854

In this case, the claimant alleged that he became disabled after a car accident in 2011 left him with significant behavioral changes and a traumatic brain injury. However, the court also noted:

"On July 2014, plaintiff obtained a perfect score on a Mini-Mental State Examination, demonstrating normal cognition and average intellectual functioning, and his Full-Scale IQ score placed him in the “high average range” of intellectual functioning. Moreover, an MRI of his brain from July 2014 showed “no abnormal enhancement” that would suggest any aggressive process, and a CT span resulted in normal findings in February 2016. Based on plaintiff’s daily activities and accomplishments, the ALJ could also reasonably conclude that he maintained certain cognitive ability to perform work with certain non-exertional limitations. After his car accident, plaintiff obtained a black belt in martial arts in 2016 and was actively pursuing the discipline of Brazilian Jiu-Jitsu, even working as a karate instructor for several hours a week without any negative behavioral incidents. In addition, he demonstrated “above average” academic achievement after his accident: he obtained an 1180 on his college admissions exam (“the SATs”); completed an associate’s degree in Criminal Justice with a 3.5 grade point average; passed biology and anatomy college classes; and pursued a physician’s assistant program (although he failed due to focusing on collegiate wrestling — not due to any cognitive or behavioral impairments). This further demonstrates plaintiff did not have a disabling mental condition. In sum, the record reflects that plaintiff could function in a low stress environment, such as teaching karate since March 2015 or regularly attending college classes — without any negative behavior incidents. If plaintiff’s symptoms did not severely limit his ability to obtain a “perfect score” on a medical evaluation, pursue multiple belts in martial arts, or obtain an impressive 3.5 GPA (which all certainly require a level of discipline, memory, and perseverance), then the ALJ could reasonably find that plaintiff maintained the capability to perform work with certain non-exertional limitations."

NEW RULES - ACCESS TO HEALTH RECORDS

On September 13, Governor Cuomo signed into law legislation amending the public health law and mental hygiene law to prohibit a charge from being imposed for providing, releasing, or delivering medical records that are used to support the application of a government benefit or program.

As per the Senate  Bill:

"JUSTIFICATION : State law guarantees access to medical records for inspection or copying and provides a fee waiver for patients who cannot afford to pay. All too often, in practice, this does not occur. Complicated process for establishing eligibility and the outsourcing of copying services means that eligible low income New Yorkers are often required to pay for access to their own medical records in contravention of the law. Individuals applying for Social Security disability benefits (including Supplemental Security Income or SSI) need medical records to document their claims. These claimants cannot afford to pay the statutory rate of seventy five cents per page for these records, which often number in the 100s of pages. As a result, low income disabled individuals' ability to access federal disability benefits is consistently undermined. Current law does provide free access; however, the fee waiver is routinely ignored and is poorly enforced. Patients are denied free access for reasons such as medical providers do not tell patients that the fee may be waived, provider forms for requesting copies do not include fee waiver sections, complicated processes for determining patient indegence, and outsourcing of copying to companies that do not understand or enforce fee waiver protections."

S6078 - Details

See Assembly Version of this Bill:

A7842

Law Section:

Public Health Law

Laws Affected:

Amd §§17 & 18, Pub Health L; amd §33.16, Ment Hyg L

TAX LIENS & STUDENT LOAN DEBTS

This is from an email I received from Shenwick & Associates:

Many of our debtor clients ask the question: if I owe the IRS taxes and I'm collecting Social Security benefits or going to collect Social Security benefits in the future, can the IRS levy my Social Security payments? Unfortunately for delinquent taxpayers, through the Federal Payment Levy Program (FPLP), 15% of a taxpayer's Social Security benefits may be levied to pay delinquent tax debt. However, certain other federal benefits, such as lump sum death benefits, Supplemental Security Income (SSI) and benefits paid to children are excluded from the FPLP levy. What about student loans? If a debtor defaults in the payment of federally guaranteed student loans, then the IRS may levy on the debtor's tax refunds and apply those monies to the balance of the student loans. Additionally, if a debtor defaults on federally insured outstanding student loans, the government can take some federal benefit payments (including Social Security retirement and disability benefits, but not SSI) as reimbursement for student loans, but not the full amount (see below). With respect to student loan defaults, the government cannot take any amount that would leave you with benefits less than $9,000 per year or $750 per month. And it cannot take more than 15% of your total benefits for either student loan defaults or delinquent taxes. If you have questions about the federal government's powers to seize your benefits for the payment of delinquent taxes or publicly guaranteed student loans, please contact Jim Shenwick. My LinkedIn profile
jshenwick@gmail.com • Shenwick & Associates

SOCIAL SECURITY AND DIVORCE

If you're divorced, it's possible to claim Social Security spousal and survivor benefits from your ex-spouse.

For more information, see https://www.socialsecurity.gov/planners/retire/yourdivspouse.html

ENFORCEMENT OF CHILD SUPPORT AND SSI BENEFITS

Thanks to the New York Divorce Report by Daniel Clement, Esq. which alerted me to Sykes v. Bank of America (2d Cir. July 24, 2013) in which the Second Circuit ruled that Supplemental Security Income (SSI) payments cannot be levied against to pay child support payments.

The case can be found at this link:

Sykes v. Bank of America (2d Cir. July 24, 2013)

NEW YORK - MORTGAGE FORECLOSURE AND SOCIAL SECURITY

I pass along this link to a post from the Empire Justice Center regarding the effect of mortgage foreclosure on social security benefits:

EJC - Foreclosure Guidance Provided

In-kind support and maintenance (ISM) is unearned income in the form of food or shelter, or both. The Social Security Act considers ISM, along with other forms of unearned income, when determining supplemental security income (SSI) eligibility and payment amounts.

NEW RULE ON EMPLOYMENT & SSNs

Effective December 12, 2012, all New York employers (except the state or its political subdivisions) are prohibited from requiring individuals to disclose or furnish their Social Security numbers (SSNs) for any purpose in connection with any activity. Employers are also barred from refusing any service, privilege, or right to individuals wholly or partly because they refused to disclose or furnish their SSNs. However, there are several exceptions to this prohibition.

See General Business Law § 399-ddd.