Do I Qualify for Social Security Disability?
Sustaining a life-altering injury is damaging in many ways; besides from taking away your former mobility and freedom, a disability comes with additional expenses and possibly results in an inability to work, which means you will face the added stress of no longer having an income.
Thankfully, all hope isn’t lost. The United States Social Security Administration offers disability payments to those who have been injured and are no longer able to earn an income or operate at their previous, uninjured level of mobility. In past years, people have abused the system and collected payments when they were not as disabled as they claimed, making it much harder for those who really are injured to get disability.
It’s best to do some research before bothering to file to spare yourself any hassle. Here are the Social Security disability requirements:
You Worked Before Your Injury
In order to qualify for Social Security disability benefits, you must have previously worked a job that was covered by Social Security. If you aren’t sure about this, you can call your former employer and speak to the HR department.
You Don’t Work Now
Disability benefits are not instantaneous. That is, you cannot apply for them if you get hurt and can’t go to work for a few weeks. Instead, you must have proof that your disability will prevent you from working for at least 12 consecutive months.
Some people who work are still able to collect disability. However, there are restrictions. If you work and make more than $1,130 a month, you will not be considered disabled and therefore ineligible to receive disability payments.
If you have worked or are having trouble proving your disability to the SSA, you should consult a SSD attorney who can represent your case.
You Match Social Security’s Definition of “Disabled”
according to an SSD Attorney in Phoenix AZ, Social Security defines “disabled” as someone who is injured to an extent that they are no longer able to work entirely or at the level they once did.
There are certain medical conditions that will allow you to be considered automatically disabled. You can read the full lists for both adults and children here.
You Cannot Do the Work You Once Did
If you can’t do the work you did before your injury but are able to adapt to new work, then may not qualify for disability. Your age, medical condition, past work experience and transferable work skills will be taken into account by the Social Security Administration to determine whether or not you are eligible for disability.
So how do you qualify for Social Security disability payments?
In order to receive disability payments, you must:
- Have sustained a serious injury.
- Be out of commision and no longer able to perform your past work.
- Be working and earn more than $1,130 per month.
- Have transferable work skills that would allow you to earn an income even with your disability.
For further information, check out the official Social Security Administration’s website for FAQs, a full breakdown of disability criteria and additional resources.
5 Legal Issues Seniors Can Encounter
Issues with the law don’t go away as you age. Many seniors find themselves dealing with a unique set of legal circumstances as they get older. Some of these can seriously impact retirement and create a nightmare of stress and paperwork. Here are just a few examples of unique legal problems and some solutions that may interest seniors.
Social Security Insurance Issues
Social security should be an easy-to-claim benefit for seniors, one for which they have paid their entire working lives. However, the combined force of irresponsible government spending, population booms and busts, extended lifespans, and the usual bureaucratic mess built into government systems have made social security a significant challenge. A dispute over eligibility or lost checks may even require the aid of an attorney to figure out. From making sure you are fairly compensated to dealing with SSI issues related to a deceased spouse, many seniors find that dealing with social security is one of the more difficult parts of aging.
Powers of Attorney
As seniors age, many find it important to have a power of attorney in place so that their wishes will be followed. According to Norton Shores Elder Law Attorney, a properly-drafted power of attorney can ensure that seniors’ assets can be protected in the event of dementia onset. Whether this is used for medical matters or financial, it’s important that seniors have a properly crafted document in place and that they find the right person to hold that power. This is often an issue that has a ticking clock attached to it, and must be done with some haste.
Real Property Issues
After a life of owning a home, it’s only natural that many seniors might be looking to cash out or move to a more ideal environment. Whether the move is a downgrade to someplace smaller or a real attempt at building a dream home, there are myriad legal issues that seniors may encounter when selling real property. From dealing with liens and boundary disputes to working with zoning boards and homeowners’ associations, these issues can often lay dormant until it’s time to put the house on the market. Wealthy seniors may feel tempted to simply gift their properties to their children or grandchildren, but this may have serious tax implications if not handled correctly, according to the IRS.
Family Law Issues
Seniors can run into issues with family law in many different ways. Some may have to deal with issues of divorce, while others may consider adoption as they age. In an age of grandparents raising grandchildren, some seniors might have to worry about custody issues even after they retire, and even issues of child support. Family law issues don’t stop just because one has gotten older – and indeed, they often becomes more involved.
Wills and Trusts
Estate planning is also something that seniors often begin to worry about. From drafting a good will to making sure money will be in place for future generations, this is perhaps the one area of law that is most dominated by older clients. You should consider estate planning mandatory, regardless of your age. Failure to plan will not only increase the amount of probate taxes, but may saddle your heirs with an unwanted headache and create property disputes that may drive a permanent wedge in their family relationships. Don’t do that to your loved ones.
For most of us, retirement is the time we hope to be the most abundant season of our lives. Making this a reality, however, requires intentional planning to maximize retirement savings and minimize legal hassles. The first step is being aware of the difficulties you may face and how to prepare for and respond to them.
Troubled Teens – School Alternatives to Avoid Future Legal Trouble
It can be difficult to understand the thought process of a teenager. We like to compare past experiences and feelings from our own teen years to those of today. However, society has changed and so has the outlook of life for many young adults. To add insult to injury, 70% of teens who commit crimes have a mental illness. It can be a heart-wrenching time for families to watch helplessly as a troubled teen spirals downward.
Recognizing Problems
Despite the social atmosphere that exists today, teens still need the same understanding and nurturing that has always existed. Parents often feel that they have done less than their role in raising a child when a troubled teen is the result. However, recognizing that there is a problem and that intervention is needed is the first step in controlling an out-of-control situation.
Considering the Options
Counseling is usually the first step that parents consider, but as the old adage goes, ‘you can lead a horse to water but you can’t make it drink’. Some troubled teens are ready for this step in discussing personal problems, but for others, it may not be enough.
Youth incarceration is too often a reality that provides little help in dealing with social, mental or abusive situations among teens. Further damage can be realized by punishing an already troubled teen. Unsafe conditions and lack of guidance by authority often opens the door to further crime.
Military schools were once thought of as a last resort in straightening out troubled teens. Building character, respecting authority and learning discipline were the guidelines set forth in many institutions. However, the one-size-fits-all standard of these schools has changed dramatically through the years.
An Alternative that Works
Diamond Ranch Academy, located in Hurricane, Utah, is an alternative that is structured in an elite private school environment. Academics and personal therapy help each teen realize their worth and potential in a caring environment that houses like-minded individuals. The 55-acre ranch provides individualized treatment for troubled teens, according to specific personalities and past problems. Nature, horsemanship, athletics, art and clubs are among the various activities that help to round out a promising future for students.
Diamond Ranch Academy is accredited in academia so credits earned are easily transferred to high schools, colleges, and universities throughout the United States and internationally. Troubled teens that have diminished ambitions of entering the world of independent living are introduced to responsibilities of money management, budgeting, work ethic and problem-solving.
Legal trouble is too often the result of troubled teens that need proper guidance. Expensive and traumatic, this is a road that can be avoided by understanding your options and choosing the right path. Regardless of a teen’s past, they are the future. Seizing the opportunity to show them the way to conquer problems and build a positive life is the main objective of Diamond Ranch Academy. Call today for a free brochure or to plan an onsite visit.
Sources:
http://www.troubledteens.com/troubledteensblog/teen-depression-statistics.html
https://www.verywell.com/causes-of-youth-violence-2611437
When Is It Okay to Sue?
Suing is a common course of action when someone has been done wrong. Frivolous lawsuits keep the courts tied up hearing matters that are absurd. However, used properly, a lawsuit can help recover damages caused by the neglect of others. Some people have religious convictions against suing another person. Others feel that they should use old-fashioned methods to try to resolve matters amicably. Someone who has been unjustly injured, may wonder if it is morally okay to sue someone?
Avoiding Frivolous Lawsuits
Accidents happen every day, and most of them are not due to gross negligence on anybody’s part. In these events, you are probably not entitled to financial compensation. If your life is forever altered by the negligent actions of another person, on the other hand, does filing a lawsuit become justifiable? The short answer is: yes!
Examining Your Intentions
You must examine the basis for your lawsuit. If you are needing to stretch the truth in order to profit from someone else’s partially-fictional mistake, you’re probably entering this from the wrong angle. Conversely, someone who has been injured by a legitimate mistake has every right to seek compensation. If you have terrible pain and suffering, lost wages, medical bills, and you are unable to live life as before, then you can and should seek restitution.
Suing the Insurance Company
The reason you pay for insurance is to have coverage for unforeseen events. According to CPR Lawyers, a high percentage of personal injury lawsuits are glorified insurance claims with the added benefit of professional representation to make sure you are not taken advantage of. The insurance company will cover your medical bills along with other related expenses. You are not retaliating against a person for making a mistake, you need them to pay for the damages they caused.
When Is It Okay to Sue?
Someone who has been injured should not think twice about collecting compensation for their time and trouble. A personal injury attorney can help to settle a claim regarding the spine, brain, back or another injured area. Because of their vast experience dealing with these issues, they can effectively defend you. Their goal is to get you the best compensation package possible. Someone who has been unjustly injured may want to take the moral high ground and avoid a lawsuit; however, sometimes suing is the best way to recover damages from an accident and move on with your life.