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Blog

  • As regular readers of SS&Y are aware, the Social Security Administration administers 2 trust funds. The Old Age Survivors Insurance (OAS’) fund pays retirement benefits. The Disability Insurance fund (DI) pays disability benefits. When Congress passed and President Obama signed the Bipartisan Budget Act in November of 2015 to reallocate current contributions between the OASI…

    7+ months ago
  • The Social Security Administration has announced there will be no Cost of Living Adjustment in 2016 for the nearly 65 million Americans drawing Social Security disability, retirement or SSI benefits.  This is because there was no inflation between the third quarter of 2014 and 2015 as measured by the Consumer Price Index for Urban Wage…

    2+ years ago

News

  • Spring-Summer 2015 Newsletter SSDI Insolvency Looms We’ve known it’s been coming for some time and now it’s on our doorstep. Unless Congress acts the Social Security Disability Insurance Trust Fund (DI Trust Fund) will become insolvent late next year and unable to pay full benefits any longer. Millions of Americans who rely on their disability checks for most, if not all,…

    2+ years ago
  • Fall 2014 Newsletter OBAMACARE UPDATE On October 1st it will have been a year since enrollment began in the Affordable Care Act national health insurance program known as Obamacare. The difficulties in the early weeks and months have been well documented. But where are we a year later… Read the Newsletter in PDF format.   Read the Newsletter in PDF…

    2+ years ago

OBAMACARE SURVIVES SCOTUS

The Affordable Care Act, popularly known as Obamacare, was upheld by the Supreme Court of the United States by a 5-4 margin when Chief Justice, John Roberts, surprisingly joined the court’s 4 liberal members in upholding the law under the U.S. Constitution’s taxing power rather than the interstate commerce clause.

Attorney Crawforth happened to be in the Detroit Workers’ Compensation Agency on the morning the decision was released and was furiously checking his phone, along with most of the others present. And we were all surprised to learn that the deciding vote was Chief Justice Roberts and not the court’s usual swing vote, Justice Anthony Kennedy.

In fact, Chief Justice Roberts wrote the majority decision, rejecting the use of the commerce clause to uphold the sweeping federal insurance mandate, relying instead on an interpretation barely argued by the Obama administration during oral argument. Justice Robert’s rationale seemed to be analogous to “if it walks like a duck and quacks like a duck, it’s a duck”, regardless of what you call it. Since the penalty for the federal mandate is a tax, Justice Roberts reasoned that is no different than any other tax that aims to change behavior, such as those on cigarettes.

So for the time being the Affordable Care Act is the law of the land. And despite the pledge of several state’s Republican governors (Michigan’s governor Snyder is not among them) not to create the insurance exchanges crucial to providing the affordable coverage necessary to implement the Act, the federal government has the authority to do so for them.

Since most of the provisions of the Act do not go into effect until 2014 there is plenty of time for Congress to repeal or modify the Act prior to implementation. Of course, if President Obama is re-elected he can veto any changes so opponents will have to rest their hopes on the fortunes of Republican nominee, Mitt Romney.

Americans will have a clear choice this November in many areas and the Affordable Care Act is one of the most important.

Call today if you have questions about the Michigan Social Security Disability Attorney and Lawyer Services provided by William Crawforth.

To schedule an appointment call 800-864-1244 or fill out the contact form at the top of this page.

  • State Bar of Michigan
  • Washtenaw County Bar Association
  • National Organization of Social Security Claimants' Representatives

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