Budget cuts and layoffs have seriously affected many citizens in California over the past year. Even our state’s disabled individuals are now feeling the pressure of this turbulent economic time. On February 20th, California Governor Schwarzenegger signed a spending plan that included proposed cuts to programs that assist the disabled such as IHSS (In Home Support Services) and SSI (Supplemental Social Security). These already limited programs will see further cut backs if California doesn’t receive $11 billion in federal funds to bridge the state’s budget gap.
IHSS is a program that helps individuals over 65 years of age, or disabled and blind individuals. The program provides various services such as housecleaning, meal preparation, laundry, grocery shopping, personal care services (such as bowel and bladder care, bathing, grooming and paramedical services), accompaniment to medical appointments, and protective supervision for the mentally impaired.
SSI is a federal income supplement program funded by general tax revenues which is designed to help aged, blind, and disabled people who have little or no income. It provides individuals who meet the strict qualification requirements with cash to meet basic needs for food, clothing and shelter.
A spokesperson for the San Francisco regional office of the Social Security Administration, Lowell Kepke, stated, "The real question is whether or not California will cut SSI." Although the State Controller's Office is delaying payments for many human services programs beginning this month, according to Mr. Kepke, "SSI/SSP payments will be unchanged for March and April. As far as all future dates, California will have to make a request for a change." It remains to be seen whether the state will request a cut to these payments in May.
For disabled individuals living in the state of California, the idea of more cut backs is frightening. Take for example the case of Michelle Sanchez, a woman living in Sonoma County who is diagnosed with a disabling neurological disorder. She uses a wheel chair for ambulation and also utilizes the assistance of a service dog. Michelle lives in a special facility for disabled adults. Her monthly living expenses are covered in part by SSI, and she relies on caregivers who assist with cooking, cleaning and Michelle’s personal hygiene, paid for by IHSS. Michelle says, “I certainly hope the cuts don’t pass.” For Michelle, and those disabled individuals like her who depend heavily on government assistance, any cuts to SSI and IHSS will affect their quality of life.
Another aspect of the system that will be adversely affected by budge cuts is advocacy. Organizations such as the Mendocino County Health and Human Services Agency (MCDSS) hire advocates that assist disabled individuals apply for benefits. Pam Partee, a Social Security Advocate, works with the Temporary Assistance for Needy Families (TANF) and CalWORKS. Both are programs that provide Welfare-to-Work services and temporary cash grants to those who qualify. “It’s trying to get people back on their feet,” says Pam. “Many have never felt plugged into life. They’ve gotten used to feeling marginalized.” Pam says there is a considerable backlog of severely disabled people who were not on Social Security or General Assistance. She says that she assesses their cases and helps them get the benefits they need.
If SSI/SSP cuts go through, more than 1.3 million Californians will be affected. Particularly in Mendocino, 4,170 recipients stand to lose a total of $4,260,000 in grant payments. A reduction in funding for IHSS may cause a large set back in policy goals that aim to increase independent living for disabled individuals.
“It breaks our heart when [our clients] depend on us and we fail them,” says Pam. “If we can help them along, we help the community.”
Disability Benefits and the Diabetes Listing
by Rachel Slocombe
It is important to have a disability attorney handle your claim for disability benefits because disability attorneys understand the way claims are analyzed by a judge. Claims are decided per a five-step sequential analysis. One way a claimant can win disability benefits is on the third step of the analysis. At this step, the claimant’s disability is compared to Social Security’s listing of impairments. If the claimant’s condition rises to the level of severity described in the listings, the claimant will win. Disability attorneys work with the listings on a daily basis and understand what is necessary in order to satisfy them.
In order to be found eligible for disability benefits per Social Security’s listing for diabetes (9.08), an adult claimant must establish:
A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C); or
B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC02 or bicarbonate levels); or
C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03, or 2.04.
Neuropathy
Neuropathy is considered disabling if it causes severe and lasting limitations in the use of the hands, arms, legs or feet. The listing uses the language “persistent disorganization of motor function.” This can be attributed to paralysis, tremor, ataxia, sensory disturbances, or any other involuntary movements. Whether or not the interference is enough to satisfy the requirements of the listing depends on the degree to which the impairment interferes with the claimant’s ability to ambulate effectively or use his/her fingers, hands and arms. Also, according to the language of the listing, two extremities must be involved.
Acidosis
The claimant must suffer from acidosis on average at least every two months, and this acidosis must be established by the chemical tests described in the listing. It is also important to note that if a claimant suffering from acidosis is not following a prescribed course of treatment in order to regulate his/her diabetes, he/she will have difficulty satisfying the listing. Well controlled diabetes is not a disabling condition, therefore, a claimant must at least try to regulate his or her condition through medical treatment. If the condition cannot be regulated in such a way despite a claimant’s best efforts to treat the condition, then the condition may rise to the level described in the listing.
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