AMENDED IN SENIOR ASSEMBLY OCTOBER 20, 2008

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 10

INTRODUCED BY SENIOR ASSEMBLY MEMBER WILSON

(COAUTHOR: SENIOR ASSEMBLY MEMBER WOLFE)

LEGISLATIVE COUNSEL'S DIGEST

AFP 10: FEDERAL SOCIAL SECURITY: CONTINUING DISABILITY REVIEWS.

EXISTING LAW, THE FEDERAL SOCIAL SECURITY ACT; PROVIDES FOR BENEFITS FOR ELIGIBLE BENEFICIARIES, FUNDED PRIMARILY BY FEDERAL PAYROLL TAXES ON WORKERS AND EMPLOYERS. BOTH THE SUPPLEMENTAL SECURITY INCOME (SSI) AND THE SOCIAL SECURITY DISABILITY INSURANCE (SSDI) PROGRAMS ARE AUTHORIZED UNDER THE ACT. EXISTING LAW REQUIRES THE APPLICABLE STATE AGENCY OR THE COMMISSIONER OF SOCIAL SECURITY TO PERFORM A CONTINUING DISABILITY REVIEW FOR SSI AND SSDI BENEFICIARIES TO DETERMINE IF BENEFITS SHOULD CONTINUE.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD REQUIRE DISABILITY REVIEWS FOR THOSE SSI AND SSDI BENEFICIARIES WHOSE CONDITION IS NOT EXPECTED TO IMPROVE EVERY FIVE YEARS INSTEAD.

VOTE: MAJORITY.

AFP 10: RELATING TO FEDERAL SOCIAL SECURITY

WHEREAS, MORE THAN 6.5 MILLION PEOPLE RECEIVE SOCIAL SECURITY DISABILITY INSURANCE (SSDI) BENEFITS EACH YEAR; AND

WHEREAS, A REPORT FROM THE EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES OFFICE OF MANAGEMENT AND BUDGET HIGHLIGHTS THE NEED TO IMPROVE BACKLOGS, DELAYS, AND INACCURACIES IN PROCESSING DISABILITY CLAIMS; AND

WHEREAS, IT IS PROPOSED THAT SIGNIFICANT FISCAL AND HUMAN RESOURCES CAN BE SAVED BY REQUIRING THE PERIODIC CONTINUING DISABILITY REVIEWS FOR THOSE BENEFICIARIES WHOSE MEDICAL CONDITIONS ARE NOT ANTICIPATED TO IMPROVE EVERY FIVE YEARS; AND

WHEREAS, FOR MOST SSDI BENEFICIARIES, THEIR BENEFIT CONSTITUTES 90 PERCENT OF THEIR TOTAL INCOME, AND IS ONLY 10 PERCENT ABOVE THE POVERTY GUIDELINE; AND

WHEREAS, A CESSATION, DELAY, OR COMPLETE CANCELLATION OF BENEFITS WILL SIGNIFICANTLY AFFECT THE ABILITY OF THESE BENEFICIARIES TO MAINTAIN THE BASIC NECESSITIES OF SHELTER, UTILITIES, AND FOOD. WATCHDOG GROUPS REPORT INCREASING PROBLEMS OF THIS NATURE, DUE TO THE INEFFICIENCIES OF A SYSTEM STRUGGLING TO STRETCH ITS BUDGET TO MEET THE GROWING WORKLOADS CAUSED BY A MARKED INCREASE IN BENEFIT APPLICATIONS; AND

WHEREAS, THE UNITED STATES SOCIAL SECURITY ADMINISTRATION WILL BECOME INCREASINGLY BURDENED AS MAJOR ADVANCES IN MEDICAL SCIENCE AND HEALTH CARE ALLOW PERSONS TO LIVE LONGER LIVES WHILE COPING WITH DISABILITIES. THESE MEDICAL ADVANCES WILL NOT, FOR SOME DECADES, AT LEAST, BE SUCH THAT THERE WILL BE CURES TO THE MAJORITY OF DISABILITIES FROM WHICH BENEFICIARIES SUFFER; AND

WHEREAS, BENEFICIARIES WITH THE MOST SERIOUS DISABILITIES WILL BE SAVED THE STRESS OF UNNECESSARY REVIEWS, AND MEDICAL PROFESSIONALS WILL BE SAVED THE TIME OF COMPLETING SIGNIFICANT AMOUNTS OF PAPERWORK IN SUPPORTING THEIR PATIENTS’ REVIEWS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES REQUIRING DISABILITY REVIEWS FOR THOSE SSI AND SSDI BENEFICIARIES WHOSE CONDITION IS NOT EXPECTED TO IMPROVE EVERY FIVE YEARS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN 08 22165

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