NYSARA Activists Hold Congressional Representatives Feet to the Fire on Federal Trust Act

On October 31, 2019, Senator Romney introduced the TRUST Act, which would create rescue committees to review and with the Social Security, Medicare and Highway Trust Funds and make recommendations to change the programs.

While the authors claim that the "rescue committees" are to improve the solvency of the programs, the TRUST Act does not place limits on what can be considered and how solvency would be determined. All options would be on the table, including benefit cuts to current and future Social Security and Medicare beneficiaries. Further, the legislation creates a fast track process to make changes to the program. https://kslnewsradio.com/1918528/senator-romney-rallies-support-for-the-trust-act/ https://thehill.com/blogs/congress-blog/politics/478929-the-trust-act-is-a-plot-to-gut-social-security- behind-closed

On January 28, 2020, the Senate Homeland Security and Governmental Affairs Committee held a hearing entitled, "Examining the Root Causes of America's Unsustainable Fiscal Path", all the witnesses discussed the deficit, Social Security and Medicare. There was virtually no discussion of the Highway Trust Fund. https://www.hsgac.senate.gov/examining-the-root-causes-of-americas-unsustainable-fiscal-path

On June 1, 2020, a bipartisan group of Representatives, that included Representatives Anthony Brindisi (D/CD #22), (R/CD #23) and (D/CD #4) sent a letter to House leadership expressing concern for the growing deficit and requesting that the House include the TRUST Act in the next coronavirus relief bill. https://scottpeters.house.gov/sites/scottpeters.house.gov/files/6.1.20 Leadership Budget Reforms.pdf.

NYSARA had a problem with these Representatives signing on in support of the Trust act. Our NYSARA activists took the offensive by contacting Representatives Rice and Brindisi and our activists in the southern tier will be contacting Representative Reed. Activist Carole Gehrig has contacted Representative Brindisi's office and Activists Barbara Haffner and Marge Harrison, from Long Island, contacted Representative Rices office and got the following response:

Thanks for reaching out with your concerns over the TRUST Act and protecting Social Security. Kathleen is with you. She has a strong record of opposing cuts to Social Security and is an original cosponsor of the Social Security 2100 Act, which would increase benefits. Keeping that in mind, she is also concerned about the solvency of the Social Security program. Due to the COVID-19 crisis and the economic recession triggered by the crisis, the payroll tax revenues that finance the trust fund are declining. The crisis has also impacted trust funds for Disability Insurance, Medicare Hospital Insurance, and Highway programs. Some economists and policy analysts have predicted this means trust funds could be depleted in fifteen years.

That is why Kathleen joined 59 other members of Congress in expressing her concern over this issue. That letter, which discussed the importance of solvency for all trust funds, discussed the Time to Rescue United States Trusts (TRUST) Act, which is a bill in the Senate that would create special bipartisan, bicameral rescue committees to give these programs the priority and urgency they deserve. The TRUST Act does not prescribe any policy changes. It allows Members to debate and discuss any combination of revenue and benefit changes they prefer. This could include benefit expansions. The TRUST Act also requires broad bipartisan consensus: any solution must have support from the majority of the commission – including two members from each political party – and then must be passed by the House and Senate and signed by the President.

I hope this clears up any confusion about Congresswoman Rice’s record of supporting social security and increasing benefits. I’d be happy to discuss over the phone when you have some free time.

To which this reply was sent:

Thanks for your response. I appreciate that Representative Rice's support for Social Security, including her support for benefit expansion.

That said, I did want to respond to your email on the TRUST Act. While the TRUST Act would create a bipartisan committee, it would not provide any protections to ensure that beneficiaries' benefits are not cut. In fact, everything would be on the table. And the legislation would be fast tracked through the process, including in the Senate where all it would need is a majority vote of 51 rather than the 60 votes normally required for budget votes.

The NYS Alliance for Retired Americans and its 500,000 members does not support commissions or in this case "rescue committees" to make changes to Social Security. We believe any changes should go through regular order and have extensive hearings, including public input as obviously do all but two of your house colleagues from New York State.

We are also concerned that the impetus behind the TRUST Act is deficit reduction, and it is squarely focused on Social Security and Medicare. If you review the Senate Homeland Security and Governmental Affairs Committee hearing on January 28, all the witnesses focused on Social Security and Medicare and there was virtually no discussion on the highway trust fund.

Also, it is important to note that Social Security does not contribute to the deficit. It is entirely funded through payroll taxes. While the CARES Act did suspend the payroll tax for employers this year, the trust fund was kept whole through general revenues transfers, and employers are required to pay the treasury back next year and in 2022.

Finally, while it is too early to tell how the coronavirus will impact the Social Security trust funds, there was good news on the disability front in this year's trustees report. The trustees reported that the Social Security Disability Insurance Trust Fund will be funded through 2065, 13 years later than last year's report. Further, in 2065, the trust fund will still be able to pay 92% of scheduled benefits.

NYSARA asks that activists from the 4th, 22nd and 23rd Congressional Districts of New York contact their house representative. When you have made contact let NYSARA know what you said/wrote and what response you receive. Send this information to [email protected]. IMPORTANT UPCOMING ANNIVERSARY EVENTS OF IMPORTANCE TO SENIOR'S

We’re coming up on that time of year again: the anniversaries of (in chronological order) the Americans with Disabilities Act (ADA) (July 26, 30th anniversary), Medicare and Medicaid (July 30, 55th anniversary), and Social Security (Aug. 14, 85th anniversary)

Avoiding Scams in NYS From the NYS Department of Financial Services

Coronavirus (COVID-19) Related Scams

The Department is aware of a surge in coronavirus (COVID-19) scams using social media and websites, emails and texts. Specific examples of the types of scams, fraud, and abuse of which the Department has become aware include the following:

Healthcare enrollment scams: Scammers are impersonating insurance companies, agents, or brokers through robocalls or mass emails attempting to sell bogus insurance plans meant to cover the costs of coronavirus-related illness. Deceptive marketing schemes: Scammers are offering financial products or services that falsely suggest government relief for individuals or small businesses, or seek payments or donations impersonating government agencies or international organizations.

Phishing and other cybercrime: Scammers may register fake coronavirus-related websites for the purpose of phishing or infecting users with malware or ransomware that requires bitcoin or other cryptocurrency to unlock, or send mass emails seeking bogus donations or payments in cryptocurrency.

Product fraud: Fake companies and websites are claiming to sell, and collecting payment for, medical supplies or other high-demand goods (e.g., N95 facemasks), but never delivering supplies, or companies are selling unapproved or misbranded products that make false health claims relating to COVID-19.

Foreclosure rescue scams: Scammers promise to “rescue” a homeowner, but actually run scams designed to strip a property’s built-up equity or to steal the title outright. They market their services by plastering signs and posters on telephone poles and bus stops or contact homeowners directly by phone, email or by leaving a flyer at the door.

Protect Yourself Stay informed by visiting the official websites of the U.S. Centers for Disease Control and Prevention (CDC), the New York State Department of Health (NYSDOH), and this website’s coronavirus information section. At this time there is currently no FDA-approved vaccine to prevent the virus. The Federal Trade Commission (FTC) and the U.S. Securities and Exchange Commission (SEC) have issued alerts warning consumers and investors of misbranded products alleging to help stop the coronavirus outbreak.

Never do business with anyone who calls you, mails you, or knocks on your door with offers to help fix a foreclosure or default. Do not respond to advertisements and fliers making similar offers. If you are experiencing mortgage-related hardship visit our coronavirus section section to learn what steps to take.

Learn more about these and other types of common scams in our common scams, schemes and frauds section.

Questions and Complaints If you have received a call, email or letter from DFS and want to make sure it is legitimate, call our Consumer Hotline at (800) 342-3736 or email [email protected].

To file a complaint about a scam involving a financial product or service, use the DFS Consumer Complaint Portal.

Dear Marci, From our Friends at the Medicare Rights Center

What should I do if I am new to Medicare?

Dear Marci, I will be eligible for Medicare soon and may need to enroll. What steps should I take to make sure that I have coverage that works for me? -Thelma (Atlanta, GA)

Dear Thelma, There are several steps you’ll want to take when you’re new to Medicare: First, know when to enroll in Medicare Part A (hospital insurance) and Part B (medical insurance). If you are already receiving retirement benefits from the Social Security Administration or Railroad Retirement Board at the time you become eligible for Medicare, you will be automatically enrolled in Medicare Parts A and B. There are three times you can enroll in Medicare Parts A and B for the first time.

First, during the Initial Enrollment Period (IEP), which is the three months before, the month of, and the three months after your 65th birthday. The effective date of your Medicare coverage will depend on when you enroll. If you want Medicare Parts A and B to begin the month of your 65th birthday, you should enroll in the first three months of your IEP.

Second, if you have a Part B Special Enrollment Period (SEP), it lets you delay enrollment in Part B without penalty if you were covered by insurance based on your, your spouse’s, or sometimes a family member’s current work when you first became eligible for Medicare. You can enroll in Medicare without penalty while covered by insurance based on current work, or for up to eight months after you lose your group health coverage or you (or your spouse or family member) stops working, whichever comes first. Medicare coverage generally begins the first of the month after you enroll.

Third, you can enroll during a General Enrollment Period if you did not enroll in Medicare when you first became eligible for it. The GEP takes place January 1 through March 31 each year, with coverage starting July 1. You may have a Part B late enrollment penalty and face gaps in coverage if you sign up during the GEP.

Second, consider enrolling in Part D prescription drug coverage. Medicare’s prescription drug benefit (Part D) provides outpatient drug coverage. Part D is provided only through private insurance companies that have contracts with the federal government. If you want to get Part D coverage, you have to choose and enroll in a private Medicare prescription drug plan (PDP) or a Medicare Advantage Plan with drug coverage (MAPD). Typically, you should sign up for Part D when you first become eligible to enroll in Medicare. If you have creditable drug coverage from employer or retiree insurance, you can delay Part D enrollment without penalty and you don’t need to enroll in a drug plan until you lose this coverage. Contact your employer or drug plan to learn if your drug coverage is creditable. Also note that if you qualify for certain Medicare cost assistance programs, you may be automatically enrolled in a Medicare drug plan.

Third, decide between getting your coverage through Original Medicare or Medicare Advantage. Unless you choose otherwise, you will have Original Medicare. Instead of Original Medicare, you can decide to get your Medicare benefits from a Medicare Advantage Plan, also called Part C or Medicare private health plan. Remember, you still have Medicare if you enroll in a Medicare Advantage Plan. This means that you must still pay your monthly Part B premium (and your Part A premium, if you have one). Each Medicare Advantage Plan must provide all Part A and Part B services covered by Original Medicare, but they can do so with different rules, costs, and restrictions that can affect how and when you receive care. Since they are run by Insurance Companies the rules generally work to restrict costs by limiting doctors to in network providers and to deny expensive procedures

If you get your coverage through Original Medicare, you will also have the option to purchase a Medicare supplemental plan, also known as a Medigap. Medigap plans pay secondary to Medicare and cover some or all of the costs of Medicare cost-sharing. You can only enroll in a Medigap plan if you have Original Medicare. -Marci

House Democrats Move to Protect Affordable Care Act As Judicial Threat Rises House Democrats introduced new legislation to expand access to health care and make prescription drugs more affordable, and a vote is scheduled on Monday, June 29. The package, called the The Patient Protection and Affordable Care Enhancement Act (H.R. 1425), was introduced by House Energy and Commerce Committee Chairman Frank Pallone, Jr. (NJ), Ways and Means Chairman Richard E. Neal (MA) and Education and Labor Chairman Robert C. “Bobby” Scott (VA).

The legislation strengthens the Affordable Care Act (ACA) and its protections for people with pre- existing conditions, which are especially significant for older Americans. Among people ages 55 to 64, 84 percent have at least one pre-existing condition.

The bill also creates a national reinsurance program to help cover the costs of people with expensive medical conditions, lowering premiums and providing funds to states to help reduce deductibles and out-of-pocket costs for everyone. It also expands eligibility for insurance premium tax credits and increases the size of tax credits for all income brackets.

The legislation comes as the Trump administration again challenges the ACA’s constitutionality. On Thursday night the Administration urged the Supreme Court to strike down the ACA, escalating its attack on the health care law even as millions of newly jobless Americans may come to depend on its coverage.The administration and Republicans in Congress have tried time and time again to dismantle the health care program and have even continued to do so amid the coronavirus pandemic, when millions are losing their employer-sponsored coverage.

“Health care, specifically the Affordable Care Act, has never been more important than in the middle of this pandemic,” said Richard Fiesta, Executive Director of the Alliance. “Protecting all Americans, including retirees, requires a comprehensive solution. The legislation that House Democrats introduced this week - combined with the Lower Drug Costs Now Act, will strengthen the ACA as the Trump Administration continues to sabotage it by supporting the lawsuits that repeal it.”

Alliance Sues State of Maine to Remove Barriers to Absentee Voting in Light of COVID-19 Pandemic On Wednesday, the Alliance and two of its members filed a lawsuit in the Maine Superior Court to protect the rights of older Maine voters during the COVID-19 pandemic. The Alliance was joined in the suit by Vote.org.

The lawsuit alleges that the State of Maine’s vote by mail requirements are burdensome and will force older voters to choose between protecting their health or casting a ballot they know will be counted. The plaintiffs noted that the number of people voting absentee by mail has surged as the coronavirus pandemic continues and is expected to reach record levels. However, the state’s onerous absentee ballot measures make it impossible for older residents of Maine to cast a mail-in ballot and be confident it will count.

The plaintiffs are asking the Maine Superior Court to mandate that Maine:

• Allow Maine residents to register to vote online; • Eliminate the requirement that a voter registration application be accompanied by a photocopy of an identification document; • Ensure that ballots postmarked by Election Day, but not yet received by a Supervisor of Elections, are counted; • Permit any third party the voter chooses to submit their sealed ballots in person on their behalf; • Provide pre-paid postage for all mail ballots; and • Notify voters and provide an opportunity to cure their ballots if they are rejected due to a technical defect or a signature mis-match.

“There are more than 235,000 seniors registered to vote in Maine,” said Executive Director Fiesta. “The Alliance for Retired Americans is committed to ensuring that all older Americans nationwide can exercise their right to vote, especially during this unprecedented public health crisis.”

“Maine is the oldest state in the nation. Nearly 21 percent of the population is over the age of 65,” said Don Berry, a plaintiff and President of the Maine Alliance who lives in Oxford County, Maine. “Older people like me are at a particularly high risk of getting infected with the coronavirus. If I have to stand in the long lines the Secretary of State anticipates on Election Day, my health will be put in jeopardy.”

Nursing Homes are Evicting Vulnerable Residents Nursing homes have been at the center of the coronavirus pandemic, representing more than 40 percent of the total death toll in the United States. Now, nursing homes across the country are evicting less profitable residents to make room for COVID-19 patients who will generate more revenue.

Nationwide, there are reports of nursing homes kicking out older and disabled residents - among those most susceptible to the coronavirus - and forcing them into homeless shelters, rundown motels, and other unsafe facilities. These evictions are known as “involuntary discharges,” and many appear to violate federal rules that require nursing homes to provide 30 days notice and safe places to relocate to.

some facilities are taking advantage of the situation to evict vulnerable residents.

There is no national data on how many evictions have taken place, but figures provided to totaled more than 6,400 discharges during the pandemic, many to homeless shelters. This is likely a dramatic undercount.

“Nursing home evictions are bad enough for vulnerable patients in normal times,” said Robert Roach, Jr., Alliance President. “But to do this during a pandemic that preys on the elderly and those with underlying conditions to make more money is immoral. We need to do more to protect these most vulnerable Americans, and that includes more federal and state oversight, not less.” Help Repeal the Government Pension Offset and Windfall Elimination Provision!

The Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) penalize people who have dedicated their lives to public service by taking away benefits they or their spouses have earned. These offsets reduce or even eliminate Social Security benefits for 25% of public employees nationwide, including millions of retired federal, state and local government employees.

Demand a vote to repeal the GPO and WEP by signing this petition.

Victims of the GPO would be entitled to collect their full Social Security benefit – based on a spouse’s work record – if they had never worked a day in any type of employment, but are singled out for the offset because they worked in public sector jobs.

“The GPO has a particularly harsh impact on moderate- and low-income pensioners, affecting women disproportionately and making them more likely to face poverty in their later years,” said Joseph Peters, Jr., Secretary-Treasurer of the Alliance.

The WEP applies a similar offset to Social Security benefits earned by public employees themselves in Social Security-covered jobs held before, during or after their public-service careers.

The New York State Alliance for Retired Americans is an organization of 490,000 activists across NYS advocating on behalf of seniors and their issues.