Brothers & Henderson, P.S.FindLaw IM Template2024-03-07T10:34:26Zhttps://www.brothershenderson.com/feed/atom/WordPressOn Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521302024-03-04T10:35:00Z2024-03-07T10:34:26ZPermissible limits
The Social Security Administration acknowledges that some individuals with disabilities may want to engage in part-time work. Fortunately, SSDI rules allow recipients to work without immediately losing their benefits. The key lies in staying within specific income limits set by the SSA.
Trial work period
SSDI recipients may begin a trial work period during which they can work and earn any amount for up to nine months. This period serves as a testing phase, enabling individuals to assess their ability to work without jeopardizing their benefits.
Substantial gainful activity
After the trial work period, the SSA evaluates whether the income earned qualifies as substantial gainful activity. As of 2024, the SGA limit is $1,550 per month for non-blind individuals. Exceeding this limit may lead to a reduction or termination of SSDI benefits.
Reporting earnings
Recipients must report their earnings to the SSA accurately. Timely communication ensures the proper adjustment of benefits, preventing overpayments or complications with the disability support system.
Flexibility and support
One of the driving factors behind the SSDI program is to provide financial assistance while allowing flexibility for individuals to explore part-time work. This approach recognizes the varied capabilities and aspirations of those with disabilities.
As long as you adhere to these parameters, you can work part-time while receiving SSDI.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521282024-02-22T05:50:09Z2024-02-28T05:49:37ZAssess current ongoing needs
When evaluating the continual needs of your child, you should consider the regular expenditures you currently make on your son or daughter. Your child may require medical care, therapy sessions, specialized equipment and caregiver support, all of which should go into a cost forecast. Also consider transportation costs for medical appointments and other essential activities.
Forecast lifetime costs
In addition to immediate needs, project the lifetime costs of caring for your child. Medical treatments, therapies and any other foreseeable expenses are bound to add up through the lifetime of your child. Also consider the living arrangements of your offspring and how much it will take to sustain them for the life of your loved one.
Deduct government assistance
When calculating life insurance coverage, deduct any support your child receives from government assistance programs, such as Medicaid and CHIP. These programs reduce your financial burden and allow for a more accurate assessment of the coverage needed to bridge the gap between your available resources and the needs of your child.
At the same time, you should build protection into your estate plans so your child does not lose out on government benefits. You could structure your life insurance policy to pay out to a special needs trust. This trust will manage the funds on behalf of your child without jeopardizing access to government assistance.
With your care calculations in mind, you may also directly place money in the trust in addition to planning for a future life insurance payout. Thanks to the flexible nature of estate planning, you have a variety of options to work with.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521252024-02-21T10:12:35Z2024-02-26T10:12:05ZTrust documents as authorization
A trust is a legal arrangement where a trustee manages assets for beneficiaries. The terms of the trust, outlined in trust documents created by the trust creator, provide the rules and instructions you as the trustee must follow.
The trust documents give the trustee authorization to manage trust assets, which may include selling some or all of the trust property. The trust instructions should also tell you what to do with the profits, if you are to invest them or distribute them to beneficiaries, among other possibilities.
Beneficiary permission
If the trust documents grant you explicit powers and even requirements to sell trust assets, you should not need permission from beneficiaries unless the trust states otherwise. Still, having beneficiaries sign off on the property sales could further secure your position and prevent objections later on.
Trustees selling to themselves
You might also be a beneficiary of the trust. If other family members are beneficiaries, you may seek approval before selling trust assets to avoid conflicts. This can be especially important if you wish to sell trust property to yourself.
Since selling trust assets to yourself could be a problematic situation, it may be prudent to examine the trust documents carefully as they might forbid you from selling assets to yourself or to another trust you administer. However, this is less of a problem if you are also the trust creator and placed the property in the trust in the first place.
Managing a trust entails making sure you do not violate your fiduciary duty to trust beneficiaries. Maintaining transparency and avoiding financial decisions that appear to serve your interests above the beneficiaries can keep you from unnecessary litigation.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521062024-02-07T05:38:31Z2024-02-13T05:38:20Z1. Lack of sufficient medical evidence
One common reason for SSD claim denials is a lack of sufficient medical evidence. The Social Security Administration requires detailed medical records documenting the nature and severity of the disability. If the medical evidence is incomplete or does not sufficiently demonstrate the extent of the impairment, SSA may deny the claim.
2. Failure to follow treatment plans
Another reason for denial is the failure to follow prescribed treatment plans. The SSA expects claimants to pursue appropriate medical treatment and follow the recommendations of their healthcare providers. Failure to do so can raise doubts about the severity of the disability or the individual's willingness to improve their condition.
3. Income and work history
Income and work history play a significant role in determining eligibility for SSD benefits. Applicants must meet specific work requirements and pay enough Social Security taxes to qualify for benefits. If the SSA determines that the applicant is still capable of performing substantial gainful activity despite their disability, it may lead to a claim denial.
4. Lack of cooperation
Failure to cooperate with the SSA during the application process can also lead to denial. This includes not providing requested documentation, missing appointments or not responding to inquiries. Cooperation is necessary for the SSA to assess the claimant's eligibility accurately.
Approximately 9 million people received SSD benefits in 2022. Receiving a denial can be discouraging. Applicants have options to get the support they need through an appeal process.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521042024-01-29T08:14:13Z2024-02-01T08:13:55ZBe clear and specific in your language
One of the key reasons for contested wills is ambiguity. However, clear and precise language ensures a greater understanding. Clearly identify your beneficiaries and state how to distribute assets. Also, avoid vague terms that may lead to disputes.
Update your will regularly
Ensure that your will reflects your current situation by reviewing and updating it regularly. Major life events such as marriages, births or deaths should prompt a review of your will to ensure it remains accurate and relevant. Remember, life is dynamic, and so are your circumstances.
Choose a reliable executor
Selecting the right executor is another important factor in avoiding will contests. Your executor must carry out your wishes, so choose someone trustworthy, organized and capable. Also, discuss your decision with the chosen individual to ensure they are willing to take on the role.
Clearly state reasons for exclusions
If you choose to exclude someone from your will, provide clear reasons for doing so. This can help deter potential challenges and provide transparency. While you are not required to justify your decisions, explaining your choices can reduce the likelihood of disputes.
Include a no-contest clause
A no-contest clause stipulates that anyone who contests the will and loses will forfeit their inheritance. While not enforceable in every jurisdiction, a no-contest clause can act as a deterrent.
The right steps help ensure that your loved ones can navigate a difficult time without the added stress of a contested will. Proper planning now can lead to a smoother transition for your family in the future.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521022024-01-10T08:33:35Z2024-01-15T08:33:03ZEducational challenges and opportunities
Children with an EBD label may encounter educational hurdles. Schools often implement special education programs to address their needs, but the stigma attached to the label may limit their opportunities for mainstream learning experiences. However, these specialized programs also offer tailored support and have the potential to unlock a child's academic potential.
Social implications
Labeling children as EBD can influence their social dynamics. Peers may treat them differently, and forming connections might become more challenging. However, some schools have programs to promote inclusivity. These strategies encourage students to embrace differences and see beyond labels.
Professional and career outlook
As children transition into adulthood, the effects of labels may extend into their professional lives. Some employers may hesitate to hire individuals with a history of emotional and behavioral challenges. However, the resilience they develop through overcoming these challenges can be an asset. Some employers may appreciate the strength of character that EBD students develop.
Hidden costs of remaining undiagnosed
While avoiding the EBD label might seem appealing, parents should consider the hidden costs of remaining undiagnosed. Without a proper diagnosis, children may not receive the necessary support and accommodations. This lack of intervention can hinder their personal and academic growth. It can also impact their future success.
Parents must continuously advocate for their children. Acknowledging their struggles without allowing teachers to define them by a label allows for a more comprehensive approach to their development.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=521002024-01-03T10:24:42Z2024-01-08T10:24:05ZYou have greater flexibility
The sooner you start special needs planning, the more tools and strategies you can put in place. Beginning the financial and legal preparations while your child is young gives you more flexibility. For example, you may be able to fund a special needs trust or ABLE account that can grow over time. Starting early also allows you to research and understand the options completely.
You can develop financial strategies
Special needs financial planning tools, such as ABLE accounts and special needs trusts, have greater benefits when established early. ABLE accounts, for instance, allow individuals to save up to $100,000 without impacting needs-based government benefits.
You can plan for future changes
The earlier you start saving, the more funds will be available for your child's future. With a special needs trust, you can place more assets into the trust if you create it early in the individual's life.
Special needs planning is complex, but it can give you peace of mind for your loved ones. As of the third quarter of 2020, there were approximately 75,000 ABLE account holders and each account held an average of $6,000 in savings. The sooner you start planning, the more you can save for future needs.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=520972023-12-28T09:05:17Z2024-01-02T09:04:33ZEmpathy and understanding
Compassion remains a highly desirable quality in those caring for someone. Any appointed guardian should be able to understand and connect with the unique experiences and challenges that the person regularly faces. Those who practice empathy have what it takes to provide emotional support and create a healthy environment.
Restraint and adaptability
Patience is a virtue, especially when working with people who may be frail. Desirable guardians demonstrate self-control throughout the caregiving process. The needs of the dependent may change over time. Guardians who are easygoing adjust faster to evolving circumstances than those who feel the desire to be in control.
Financial responsibility
Guardianship often involves managing complex fiscal matters. This issue is of particular importance when it comes to people who have special needs, as only 51% of working-age individuals with disabilities say they can pay their bills. One should pick a guardian with a strong history of maturely and honestly handling money.
Effective communication skills
Desirable guardians are excellent at interacting with medical professionals, educators and others. The ability to convey information, ask questions and collaborate with the dependent's broader support network remains paramount.
Selecting a guardian for a family member requires intense consideration. The more judiciously one makes this choice, the greater the likelihood that the dependent will receive optimal care.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=520952023-12-11T07:51:35Z2023-12-14T07:51:16ZSpouses
Your spouse may receive SSDI benefits after your death. To qualify, he or she must meet specific criteria, including being at least 60 years old or 50 years old if disabled. Additionally, if your surviving spouse cares for your child who is under the age of 16 or disabled, eligibility for benefits may extend.
Children
If they meet age and dependency requirements, your kids may also qualify for benefits. Generally, unmarried children under the age of 18 (or 19 if still in high school) can receive them, and adult children who became disabled before the age of 22 may also be eligible.
Dependent parents
When you have dependent parents, it is comforting to know they can receive SSDI payments. Again, certain criteria apply, such as being at least 62 years old and having been dependent on you for at least half of their financial support.
Siblings or partners
While spouses, children and dependent parents may be eligible for survivor benefits, siblings and common-law partners generally do not qualify under SSDI regulations. The eligibility prioritizes only certain familial relationships in determining entitlement.
Although not all of your relations can access your SSDI benefits, do not assume that this financial resource is not available to your survivors. Research, preparation and timely filing of claims following your death ensures your family members receive their entitled benefits.]]>On Behalf of Brothers & Henderson, P.S.https://www.brothershenderson.com/?p=520922023-12-01T06:21:09Z2023-12-06T06:19:44Z1. Staff-to-resident ratio
One vital sign of a quality nursing home is a sufficient staff-to-resident ratio. Adequate staffing ensures that each resident receives personalized attention and timely assistance. When staff members can devote time to understanding individual needs, it fosters a more supportive and responsive environment. The U.S. Department of Health and Human Resources recently proposed new minimum staffing requirements, which would require nearly 75% of nursing homes to increase their staff.
2. Clean and well-maintained facilities
Cleanliness speaks volumes about the overall quality of care in a nursing home. A well-maintained facility not only promotes a healthy environment but also reflects the level of respect and dignity the staff has for the residents. Check for cleanliness in common areas, bedrooms and bathrooms.
3. Engaging activities and social interaction
An essential aspect of resident well-being is engagement in meaningful activities. A good nursing home provides a range of activities tailored to residents' interests and abilities. Look for evidence of organized events, social gatherings and recreational opportunities. Residents should have the chance to participate in activities that enhance their physical, mental and emotional well-being.
4. Transparent communication with families
Effective communication between the nursing home and families is a necessity. Look for signs that the facility is transparent about residents' care plans, health updates and any changes in their condition. Regular meetings or updates, either in person or through written communication, demonstrate a commitment to keeping families informed.
Carefully observing these signs can help you make an informed decision when selecting a nursing home for your loved ones.]]>