Author Archives: Site Administrator
That Was So Long Ago
One of the phrases that I hear at trial and at depositions that makes me cringe is: “That was so long ago.” Everyone says it: Plaintiffs, Defendants, witnesses, everyone. It doesn’t matter what the person’s role in the case is, or whether they have been properly prepared by their attorney, whether they have no… Read More »
How Do I Calculate My Past Due Benefits For Social Security Disability?
The primary benefit to being awarded either Social Security Disability (SSD) or Supplemental Security Income (SSI) is a monthly check from the United States Treasury. Besides those monthly checks, most people also get a bigger (sometimes much bigger) first check which represents their “past due benefits.” This post attempts to shed some light on… Read More »
Should I Use An Online Legal Document Service To Do My Will?
The question I get about online Wills (or do-it-yourself kits often purchased at office supply stores) is whether they are “valid.” I cannot answer the question in a global fashion. It is certainly possible to have a technically “valid” Will without using an attorney. It is also possible that the document will fail as… Read More »
Navigating Through The Social Security Disability Claims Process
A claim for Social Security Disability benefits could take anywhere from 6 months to 6 years! During that time, the claimant will have to complete an application, and possibly navigate his or her way through 3 levels of appeals at the Social Security Administration (SSA) and another 3 levels in Federal Court. What follows… Read More »
Domestic Partnerships: How To Avoid Costly Inheritance Taxes On The Family Home
In this modern era, families come in all shapes in sizes. It has become fairly common for same sex couples to buy a home and raise children. Then there are opposite sex couples who share their lives, including buying a house together, but forego the formalities of marriage. In 2009 the Maryland legislature enacted… Read More »
6 Reasons Not To Put Your Child’s Name On The Deed To Your House
Instead of drafting a Will, many people just put their child’s name on the deed to their house. Their goal is to make things easier for their child by eliminating the need to go through probate. If the house is the only asset, this can be an effective way to avoid probate. (If there… Read More »
What Are Non-Exertional Limitations?
More often than not, it is my client’s non-exertional limitations that win their case. In prior posts I have described SSA’s analysis of disability cases using exertional limitations. (See What Are “Exertional Levels” and Why are They Important in a Social Security Disability Case?). Exertional limitations are limitations on the ability to sit, stand,… Read More »
What Are “Exertional Levels” And Why Are They Important In A Social Security Disability Case?
The amount of exertion (or effort) required in a particular job is a key component in the Social Security Administration’s (SSA’s) analysis of every disability claim. The SSA classifies each job by how much exertion is required. For example, work that requires very little effort or exertion is considered to be “sedentary.” While, at… Read More »
Get Your Advance Directive: Don’t Be A Headline
In giving estate planning seminars, I am always trying to impress upon my audience the importance of planning while young and healthy. One of many reasons to plan sooner rather than later is to avoid being the subject of a news story like the one ran by the Associated Press on October 31, 2011:… Read More »
Should I Get An Advance Directive, A Living Will Or A Health Care Power Of Attorney?
The answer is the first one or the second one and the third one. The problem with answering the question is first and foremost one of terminology. For starters, each state calls these legal documents by different names. For instance, Maryland has an Advance Directive, Virginia has an Advance Medical Directive and the District… Read More »