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Legal News & Notes
January 2012
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Berman & Asbel, LLP
20 W Third Street
Media, Pennsylvania 19063
610-565-9696
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Greetings!
 | | Stephen Asbel (L) & Bernard Berman |
Welcome to our newsletter. We want to bring you some interesting and useful news and information on current legal developments and about our law practice.
However, we do not intend to give legal advice about your situation and you should not rely on this newsletter as legal advice. If you have a legal matter you would like to discuss, please contact our firm directly so you can discuss your matter directly with us.
We are proud to serve the legal needs of individuals, families and small businesses. Contact us to discuss what we can do for you.
Thanks for reading and have a great day. Sincerely, Bernard BermanStephen Asbel
Berman & Asbel, LLP |
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Social Security Disability
Basics of SSDI and SSI People who are unable to work due to a physical or mental impairment with a medically identifiable cause, may be eligible for Social Security Disability benefits. There are two Social Security programs for persons with disabilities - Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While the SSDI and SSI benefits programs both serve the needs of people who are disabled from working, the eligibility criteria and payments are different. In general, people with a substantial history of employment can file a SSDI claim Most people will need to have worked full-time for about half of the preceding 10 years and must have last worked no more than two years before filing the claim. Once a claimant establishes eligibility through his or her work history, the claimant must show that a medical impairment has disabled them from working for at least one year. People who lack the recent work history necessary to qualify them for Social Security disability insurance benefits can file an SSI claim. Some SSI recipients have never worked a steady job for any of a number of reasons. Instead of demonstrating a record of recent employment, SSI applicants need to show that their assets and income fall below a certain level and they must prove a period of disability through medical records. For more information on applying for Social Security disability benefits and appealing from denial of a claim, click here. |
Gestational Surrogacy Case Troubling for Parents
Even with contract, case ended up in court  A New Jersey case could be troubling for people seeking to become parents with the help of gestational surrogates. To read a published article, about the case, click here. Sean Hollingsworth and Donald Robinson Hollingsworth are a same-sex couple who were married in California (before Prop 8) and who live in New Jersey. Sean and Donald wanted to have a child. They made an agreement with Donald's sister, Angela Robinson. Under the agreement, embryos conceived in vitro with Donald's sperm and an egg from a third-party donor were implanted in Angela's womb. Angela gave birth to twin girls. Despite not being the girls' genetic mother, Angela challenged the agreement and sought custody of the girls.
What is troubling for would-be parents in such arrangements is that despite the existence of an agreement made among the parties and despite the fact that Angela was not genetically related to the babies, a New Jersey court nevertheless declared that Angela was the legal mother of the twins. Angela challenged the agreement claiming that she had been coerced. She had lost her job and claimed that she was dependent upon her brother for a place to live.
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Is Your Will Current?
Celebrity Estate Problems Show How Not Updating Can Cause Problems for Your FamilyLet's say you have made a will. That's great but how long ago did you make it? Have there been changes in your family? In your family situation? Many people never bother to make a will at all. Then there are individuals who do make a will but never review it afterward. Everyone's lives change over time and your will and estate plan must change too. Failure to update your documents can cause problems. For example, when actor Heath Ledger tragically died at the age of 28, his will left his entire estate to his parents and his sisters. There was no mention of his daughter, Matilda. This was because Ledgers' will was signed over two years before Matilda was born. Did Ledger intend to give his estate to Matilda or had he made other arrangements for her? The matter could have escalated into litigation between Ledger's family and Matilda's mother, actress Michelle Williams but Ledger's family agreed that everything should go to Matilda and the matter was settled. Anna Nicole Smith, actress and former Playboy model, had a huge estate inherited from her husband, oil tycoon J. Howard Marshall. On her death in February 2007 at age 39, her will, signed in 2001 left her whole estate to a trust for her son Daniel Smith. By that time, Daniel had died but the will had disinherited any other potential heirs including future spouses and children. Smith, meanwhile, had given birth in 2006 to a daughter, Dannielynn Birkhead. Did Anna Nicole really intend for her daughter to get nothing or not? It took a complicated court battle to determine that Dannielynn would inherit her mother's estate and to determine who would have charge of those assets until Dannielynn comes of age. This could have been avoided if Anna Nicole Smith had updated her will. To have your assets go to those you wish to receive them and to be handled as you wish, it is crucial to have a will and an estate plan and to keep them updated regularly.
To read more about wills and estate planning click here. |
| About Our Law Firm
Berman & Asbel, LLP
20 W Third Street
Media, Pennsylvania 19063
Berman & Asbel, LLP
610-565-9696
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Attorney Spotlight
Stephen Asbel is an attorney and partner in the firm. He focuses his practice in the areas of Estate Planning and Admininstration (wills, trusts, powers of attorney, probate, living will directives); and Family Law (divorce, property distribution, child custody, pre-nuptial agreements, domestic partnership agreements, second-parent adoption).
Stephen works with a diversity of families including both straight and same-sex couples. He is keenly interested in helping same-sex couples protect their rights as couples and families in a challenging legal environment. He also works with individuals and couples on arrangements for assisted reproductive technology (egg donation, sperm donation, gestational surrogacy) and he is a member of the American Society of Reproductive Medicine Legal Professionals Group.
Stephen is a life-long resident of the Philadelphia region, is married and has two daughters. He received his BA from the University of Pennsylvania and his Juris Doctor from the Villanova University School of Law. He is admitted to Pennsylvania Bar. He is a former President of his synagogue and he continues to be active in his community.
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Disclaimer:
The material appearing in this newsletter is for informational purposes only, and is not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information provided herein is intended only as general information, which may or may not reflect the most current developments. Although these materials may be prepared by professionals, they should not be used as a substitute for professional services. If legal or other professional advice is required, the service of a professional should be sought.
The opinions or viewpoints expressed herein do not necessarily reflect those of Berman & Asbel, LLP or any attorney in the firm. Any links to other websites are not intended to be referrals or endorsements of these sites. The links provided are maintained by the respective organizations, and they are solely responsible for the content of their own sites.
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