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NMP Newsletter
Do you only receive Sheri Abrams' monthly newsletter that focuses on Disability Issues?
Please consider also signing up to receive Needham Mitnick & Pollack's very informative monthly newsletter that focuses on Estate Planning & Elder Law Issues.
If you would like to receive both newsletters please follow the directions to update your profile by clicking here.
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We invite you to reprint our articles in order to bring helpful information to your readers, with the following guidelines:
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Source: Reprinted from the August 2013 newsletter of Sheri R. Abrams, Attorney at Law, Needham Mitnick & Pollack, PLC
(www.sheriabrams.com).
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Greetings!
Welcome to our monthly newsletter.
These monthly newsletters are designed to provide useful information on Disability Law & Issues with a special emphasis on Social Security Disability & SSI benefits and Special Needs Trusts & 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.
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Social Security to Begin Processing Claims by Some Same-Sex "Aged Spouses;" All Other Claims Involving Same Sex Married Couples on Hold | |
On June 26, 2013 the U.S. Supreme Court issued a decision in the case of United States v. Windsor which struck down the Defense of Marriage Act (DOMA). Because of this decision, the Social Security Administration is no longer prohibited from recognizing same-sex marriages for purposes of determining Social Security benefits. Consequently, all Social Security claims that are filed on or after June 26, 2013, or that were pending final determination at the time of the Supreme Court decision, will be subject to what is being called "Windsor instructions."
Under the first set of "Windsor instructions" that were just issued, Social Security is now able to approve some wife's and husband's claims involving same-sex marriages.
Social Security claims under the "Windsor instructions" can now be processed and paid for "aged spouse" benefits in cases where the same-sex couple:
1) Married in a state that permits same-sex marriage; and
2) Are domiciled at the time of their application, or while the claim is pending a final determination, in a state that recognizes same-sex marriage.
The Social Security Administration will hold and not process any other same-sex marriage claims for which "Windsor instructions" have not yet been issued. These claims will remain on hold until Social Security receives further clarification of the Windsor decision from the U.S. Department of Justice.
For more specific information please see:
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The Social Security Administration is Replacing the Term "Mental Retardation" in its Listing of Impairments |
The United States Federal Register is replacing the term "mental retardation" with "intellectual disability" in the Listing of Impairments that are used to evaluate claims involving mental disorders in adults and children under Titles II and XVI of the Social Security Act and in other appropriate sections of the rules.
This change reflects the widespread adoption of the term "intellectual disability" by Congress, government agencies, and various public and private organizations.
"Advocates for individuals with intellectual disability have rightfully asserted that the term ''mental retardation'' has negative connotations, has become offensive to many people, and often results in misunderstandings about the nature of the disorder and those who have it," the Social Security Administration concluded.
The final rule which will take effect on September 3, 2013, follows the January 28, 2013 release of draft regulations and a call for public comment.
For more information click here: |
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Lupus Foundation's "Ask the Experts" Program | |
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Sheri Abrams' 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 Available | |
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Now Available For Nook & Kindle | |
"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 the Nook here.
and the Kindle here.
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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 any of the areas of law for which we provide legal services, please call us at (703) 536-7778. |
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