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Greetings!
Welcome to the twenty-fourth edition of our newsletter.
These monthly newsletters are designed to show you how not to gamble with your or your patients/clients Social Security Disability and/or SSI benefits. We also provide you with information on Special Needs Planning.
You may have been added to our e-mail newsletter mailing list if you have been in contact with Sheri R. Abrams, Attorney at Law or the Law Firm of Needham Mitnick & Pollack PLC.
You may unsubscribe by clicking on the link at the end of this e-mail. |
Can You Receive Social Security Disability and Retirement if You Move Out of the Country?
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 The Social Security Administration (SSA) will send checks to anyone who is eligible for Social Security Disability benefits or Social Security Retirement Benefits and is living abroad. However, there are a few countries where the SSA is not allowed to send checks. If a person eligible for benefits moves to Cuba or North Korea they cannot receive any checks while they are in either country, but they can get any withheld checks if they go to a country where paychecks can be sent. In addition, the SSA generally does not send Social Security checks to Cambodia, Vietnam, or areas that were in the former Soviet Union (other than Armenia, Estonia, Latvia, Lithuania, and Russia), but those eligible for benefits may be able to apply for an exception. In such cases, those eligible for benefits may have to agree to certain conditions, such as appearing in person at the U.S. Embassy each month, to receive benefits. The rules for receiving Social Security disability or retirement overseas do not apply to Supplemental Security Income (SSI) benefits. Most recipients of SSI are not entitled to benefits outside the United States. SSI benefits will stop if a recipient is outside the United States for more than 30 days, and benefits won't start up again until the recipient is back in the country for at least 30 days. However, there are exceptions for dependent children of military personnel and students studying abroad. For more information on Social Security Benefits please click here. |
| Can You Receive Social Security Disability Benefits If You Have Used Drugs or Alcohol? |
 Determining whether drug or alcohol abuse will affect a claimant's eligibility for Social Security Disability benefits depends on materiality. If drug or alcohol abuse is found to be material to your disability, you will not be able to win a case for Social Security Disability benefits.
For example, if you were to apply for Social Security Disability benefits based on liver dysfunction and hepatitis, but you also have a history of alcohol abuse, some of it recent, whether you would be able to receive Social Security Disability benefits depends on the following:
If your liver damage is so pronounced that ceasing alcohol use completely would make no difference to your medical condition, then your alcohol abuse would be immaterial to your condition and you would probably win your case for Social Security Disability benefits. Conversely, if ceasing alcohol use would result in medical improvement, then it is material to your disability and your claim for Social Security Disability would likely be denied.
Simply put, Social Security will not pay Social Security Disability benefits to claimants whose disabling conditions are exacerbated by drug and alcohol abuse.
Claimants who have a history of drug or alcohol abuse but are currently not using these substances should carefully review their medical records. Doctors will often indicate "possible use" in their treatment notes. Such indications, proven or not, can have a damaging effect on your Social Security Disability case. Claimants who suffer from a mental disability should especially be careful, as mental disability cases are more likely to be denied when substance abuse is involved.
While each case is unique, it is true an applicant has a better chance of obtaining Social Security Disability benefits if they are sober and remain sober.
For more information on Social Security Disability Benefits please click here. |
| Press Release: Sheri Abrams' New Book "Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" Is Now Available! |
For more information please click here to see our Press Release. You can also download a free copy of the book at our websites:
and
www.nmpattorneys.com
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| OUR OFFICE LOCATION | |
The law firm of Needham Mitnick & Pollack, PLC is located at:
400 S. Maple Avenue
Suite 210
Falls Church, VA 22046
(703) 536-7778
This is in downtown Falls Church and the office has plenty of free and accessible parking.
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| REFERRALS | |
 If you know of someone who could use my legal services or any of the other members of the law firm of Needham Mitnick & Pollack, PLC please forward to him/her this e-mail newsletter or give him/her our telephone number: (703) 536-7778.
We provide legal services in the areas of Social Security Disability Law , Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.
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 , Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits or Special Needs Trusts, please call us at (703) 536-7778.
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