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| Issue: # 16 |
November 2009 |
Greetings!
Welcome to the sixteenth edition of our newsletter. In these monthly newsletters we will be showing you how not to gamble with your or your patients/clients Social Security Disability and/or SSI benefits. We will also be providing you with useful information on Wills, Living Wills, Powers of Attorney and Special Needs Trusts. |
| Beware What You Post on Facebook If You Receive or Want to Receive Disability Benefits |
Recently it was reported by the Associated Press that a Canadian woman on long-term sick leave for depression lost her benefits because her insurance company found photos of her on Facebook in which she appeared to be having fun.
Nathalie Blanchard had been receiving for the last year a monthly sick- leave benefit because of her major depression.
But Blanchard's payments were canceled this fall when she says she was told by her insurance company that she was available to work because of Facebook. Blanchard said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a bar, at her birthday party and on vacation.
Blanchard said her agent told her that these pictures were evidence that she is no longer depressed. She's fighting to get her benefits reinstated because she says it was on her doctor's advice that she tried to have fun, including nights out at her local bar with friends and short vacations, as a way to forget her problems.
What I am sure her doctor did not tell her to do is post these pictures on Facebook or anywhere else for that matter that can be seen by her insurance company.
I think it is a mistake to make your private business "public" by putting pictures or written material on sites such as Facebook or Twitter. It has been documented that people have lost jobs and have not been admitted to the college of their choice because of what they put on these sites. Don't get me wrong I think that these sites are fun and have their place, however, for someone receiving disability benefits of any kind it could mean disaster such as for this Canadian Woman.
In addition. I see a day coming in which Judges in Social Security Disability cases will routinely search these type of sites before a hearing and use what he or she finds as evidence of a person's credibility and disability.
So please do yourself and lawyers who practice disability law a favor and be especially careful with what you post on these sites if you are filing or receiving disability benefits from any source. |
| Schizophrenia Considered For Social Security Disability Compassionate Allowances List |
This month Michael J. Astrue, Commissioner of Social Security, hosted Social Security's fifth public hearing on Compassionate Allowances.
Commissioner Astrue was joined by Philip Wang, M.D., Doctor of Public Health at the National Institute of Mental Health and Social Security executives. They heard testimony from some of the nation's leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.
"Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties," said Commissioner Astrue. "The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness. This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella."
In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. "Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need," Commissioner Astrue said. "This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months."
For more information on Social Security Disability and SSI benefits please click here.
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| What Is the Difference Between a Will & a Trust? |
Most people have heard the terms "will" and "trust," but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan.
One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it.
A will is a document that directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. By contrast, a trust can be used to begin distributing property before death, at death or afterwards.
A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." A trust usually has two types of beneficiaries -- one set that receives income from the trust during their lives and another set that receives whatever is left over after the first set of beneficiaries dies.
A will covers any property that is only in your name when you die. It does not cover property held in joint tenancy or in a trust. A trust, on the other hand, covers only property that has been transferred to the trust. In order for property to be included in a trust, it must be put in the name of the trust.
Another difference between a will and a trust is that a will passes through probate. That means a court oversees the administration of the will and ensures the will is valid and the property gets distributed the way the deceased wanted. A trust passes outside of probate, so a court does not need to oversee the process, which can save time and money. Unlike a will, which becomes part of the public record, a trust can remain private.
Wills and trusts each have their advantages and disadvantages. For example, a will allows you to name a guardian for children and to specify funeral arrangements, while a trust does not. On the other hand, a trust can be used to plan for disability or to provide savings on taxes. Please call us so that we can work with you to determine how best to use a will and a trust in your estate plan.
For more information on estate planning please click here. |
| REFERRALS |
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 If you know of someone who could use
our legal services, please forward to
him/her this e-mail newsletter or
give him/her our telephone number:
(703) 934-5450.
We provide legal services in the areas of Social Security Disability Law and prepare Wills, Special Needs Trusts, Living Wills, Health Care and Financial Powers of Attorney for clients in Virginia, DC and Maryland, and we are always happy to provide FREE friendly phone advice.
If you refer someone who becomes a client, we will treat you to a great cup of coffee (you will receive a FREE Starbucks Gift Card).
If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on Social Security Disability Law, Wills, Living Wills, Powers of Attorney or Special Needs Trusts, please call us at (703) 934-5450. |
| Our Office Location |
 Come Visit Us
Our law office is located in the "Old Town
Fairfax Building," formerly known as the "Jesse Building."
4015 Chain Bridge Road
Suite i
Fairfax, VA 22030
(703) 934-5450
We are right across the street from the Courthouse in Fairfax City, Virginia.
Free Parking (including a Handicapped parking space) is available in the lot behind the building. | |
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