John Davis, despite having no children, realized the essential role of comprehensive estate planning in managing his diverse and complex assets, with a goal to ensure his wealth distribution as per his wishes, prevent potential disputes, and minimize taxes. With strong feelings about end-of-life care, he safeguarded his medical preferences by creating advance healthcare directives and a durable power of attorney.
Alongside his commitment to philanthropy reflected in provisions for substantial charitable donations, John’s experience underscores the significance of estate planning for child-free individuals in honoring their intentions for their assets and wishes.
Understanding the Importance of Estate Planning
Estate planning is a critical process that allows individuals to make informed decisions about the ir assets, medical care, and end-of-life wishes. While it is commonly associated with parents wanting to secure their children’s future, child-free individuals also need to consider their estate planning needs. Whether you are single, married without children, or have chosen not to have kids, creating a comprehensive estate plan is essential to protect your assets and ensure your wishes are carried out according to your preferences.
Estate planning involves various legal documents and arrangements tailored to your unique circumstances. Regardless of whether you have children, estate planning serves several important purposes:
- Asset Distribution: An estate plan ensures that your assets are distributed according to your wishes, avoiding potential disputes among family members or unintended beneficiaries.
- Healthcare Decisions: Through a living will and healthcare proxy, you can outline your medical preferences and designate someone to make decisions on your behalf if you become incapacitated.
- End-of-Life Decisions: Estate planning enables you to specify your preferences regarding life-sustaining treatments and organ donation.
Common Misconceptions for Child-Free Individuals
Child-free individuals sometimes assume that estate planning is unnecessary for them. However, this misconception can lead to significant complications and unintended consequences. Two common misunderstandings are:
- “My Assets Will Automatically Go to My Spouse”: While this might be true for some assets, intestacy laws could apply to parts of your estate, leading to potential conflicts and an outcome that does not align with your preferences.
- “My Family Will Handle Everything”: Relying on family members to distribute assets without a clear plan can be burdensome and could strain relationships during an already challenging time.
Crafting Your Estate Plan
Working with an experienced estate planning attorney, Terri D. Mason, will ensure that your wishes are correctly documented and legally binding. Key elements of your estate plan may include:
- Wills and Trusts: A will allows you to designate beneficiaries and appoint an executor to manage your estate. Trusts offer additional benefits, such as avoiding probate and providing ongoing support to loved ones.
- Advance Healthcare Directives: These documents outline your medical preferences and appoint a healthcare agent to make decisions on your behalf if you cannot.
- Durable Power of Attorney: By designating a trusted individual, you ensure that your financial affairs are managed effectively if you become incapacitated.
- Charitable Giving: If philanthropy is essential to you, your estate plan can include provisions for charitable donations and causes close to your heart.
Avoiding Conservatorship Challenges
Estate planning plays a critical role, especially for child-free individuals, in avoiding conservatorship issues. Without an estate plan, they run the substantial risk of having a court-appointed conservator or guardian manage their affairs should they become incapacitated. This situation can be fraught with problems, including the discomfort of an unfamiliar person making personal and financial decisions on their behalf.
Creating a comprehensive estate plan helps individuals maintain control over their affairs, even during periods of incapacity. This is achieved by appointing trusted individuals for roles like power of attorney or healthcare proxy, ensuring decisions align with their values. Through clear instructions and the appointment of reliable representatives, the burden of making tough decisions under stressful circumstances is lessened.
Contact us today!
Estate planning is a crucial step for everyone, regardless of whether they have children. The Law Offices of Terri D. Mason recognizes the unique needs of child-free individuals and is dedicated to helping them craft personalized estate plans. Don’t leave your legacy to chance—take control of your future with a well-thought-out estate plan that protects your assets and ensures your wishes are respected.
Contact us today to schedule a consultation. Secure your legacy and gain peace of mind knowing that your affairs are in order. Let the estate planning attorney be your trusted partner in securing a prosperous future.
The phrase “taken care of after you’re gone” refers to the proactive planning and actions you undertake to protect, preserve, and allocate your wealth and assets after your death. This planning often involves specifying your preferences regarding the distribution of your belongings, and nominating a trusted individual or organization to oversee and implement your desires in an estate plan.
Creating an estate plan is a typical way to achieve this. An estate plan is a comprehensive legal strategy that articulates your decisions about how your estate—comprising all your assets—will be managed and distributed after your death or if you become incapacitated. It may include various legal documents, such as a will, trusts, powers of attorney, and healthcare directives.
Let’s explore the essential post-signing steps you should take to safeguard your interests and those of your family.
Organize and Safely Store Your Estate Planning Documents
Once you’ve signed your estate plan, it’s vital to keep all the documents safe and accessible. Your estate planning documents are crucial legal instruments, and their safety is paramount. Store them in a fireproof and waterproof safe, a bank safe deposit box, or a secure digital storage platform, if they are electronic documents. Have multiple copies of your estate planning documents.
It provides an extra layer of security and makes it easier for you to share them with relevant parties. Make sure your trusted family members, friends, or confidants are aware of where these documents are stored. This ensures that they can access them easily when needed. Your estate planning documents are not limited to your will and trust. They should also include other important paperwork like:
- Will
- Trust
- Power of Attorney
- Healthcare Directive
- Guardianship Designations:
- Beneficiary Designations
- Letter of Intent
- List of Debts and Assets
Remember, regular reviews and updates are needed to ensure these documents reflect your current situation and wishes accurately.
Review and Update Your Plan Regularly
Creating your estate plan is a significant accomplishment, but it’s important to remember that estate planning is an ongoing process, not a one-time task. As your life evolves, so too should your estate plan. This is where regular reviews and updates come into play.
- Periodic Review
- Significant Life Events
- Changes in Assets
- Legal and Regulatory Changes
- Changes in Your Wishes
Regular reviews and updates of your estate plan can provide you and your loved ones with peace of mind. By ensuring your plan stays in step with your life’s changes and legal updates, you maintain control over your legacy and how your assets will be managed and distributed. Estate planning is a living process, adapting to your life as it unfolds.
Communicate Your Plan with Relevant Parties
Clear and proactive communication helps foster understanding and can mitigate potential conflicts that might otherwise arise. Here’s how to make your communication more effective:
- Identify Key Parties
- Provide Detailed Information
- Ensure Clarity of Roles and Responsibilities
- Set Up Regular Communication
- ProvideContact Information
- Encourage Questions and Discussion
Transparent communication about your estate plan can prevent future disputes, clarify expectations, and ensure a smooth transition when the time comes. This step, though sometimes overlooked, is as crucial as the creation of the estate plan itself.
Review Beneficiary Designations
After signing your estate plan, it’s essential to review the beneficiary designations on your financial accounts, retirement plans, and insurance policies. Beneficiary designations generally take precedence over what’s stated in your will, so keeping them updated is vital to ensure your assets go to the right individuals.
Consult a Baltimore Estate Planning Lawyer
Congratulations on signing your estate plan! Taking this crucial step ensures your hard-earned assets and the well-being of your loved ones are protected. However, the journey doesn’t end here. Remember, estate planning is a dynamic process that requires regular reviews and updates to remain effective.
By organizing and safely storing your estate planning documents, communicating your plan with relevant parties, and considering disability planning, you can better safeguard your interests. Additionally, consulting specialized professionals like the Baltimore estate planning attorney, Terri D. Mason, can provide you with the guidance and expertise needed for a secure and seamless estate planning experience.
Investing in a comprehensive estate plan is an act of love and responsibility towards yourself and your family. So, take charge of your future today and create a legacy that will last for generations to come. Don’t wait—start planning your estate and securing your future now!
In the realm of estate planning, setting up an irrevocable life insurance trust (ILIT) is a popular strategy for preserving assets and providing financial security to beneficiaries after the grantor’s passing. The ILIT, a legal entity created to own and manage a life insurance policy, comes with its own set of rules and guidelines. One question that often arises is whether a beneficiary can also serve as the trustee of the ILIT. In this blog, we will explore the nuances of this topic, shedding light on the benefits, potential risks, and the considerations involved in designating a beneficiary as the trustee of an irrevocable life insurance trust.
Understanding Irrevocable Life Insurance Trusts (ILITs)
Before delving into the trustee-beneficiary dilemma, it is essential to comprehend what an ILIT is and its primary purpose in estate planning. An ILIT is a trust specifically designed to own a life insurance policy on behalf of the grantor’s beneficiaries. By placing the policy within the trust, the death benefit proceeds can be kept separate from the grantor’s taxable estate, reducing potential estate taxes and ensuring a smooth transfer of assets to heirs.
The Role of the Trustee in an ILIT
In an Irrevocable Life Insurance Trust (ILIT), the trustee holds a vital role as they are responsible for managing the ILIT in accordance with the grantor’s wishes. Their responsibilities are manifold and encompass:
- Management of the life insurance policy,
- Handling of premium payments,
- Liaison with the insurance company, and
- Distribution of the policy’s proceeds to beneficiaries upon the grantor’s demise.
In performing these tasks, it’s crucial for the trustee to uphold impartiality, with a focus on:
- Prioritizing the best interests of the beneficiaries, and
- Strict adherence to the trust’s terms and applicable laws.
Pros of Naming a Beneficiary as Trustee
Selecting a beneficiary as the trustee of an ILIT can have several advantages. Firstly, the beneficiary-trustee likely has a personal vested interest in the success of the trust, as they stand to benefit from it. This personal involvement can motivate them to fulfill their fiduciary duties diligently. Additionally, the beneficiary-trustee’s knowledge of the beneficiaries’ needs and aspirations can lead to more thoughtful and efficient distribution of the life insurance proceeds.
Potential Risks and Challenges
While appointing a beneficiary as trustee has its merits, it is essential to consider potential risks and challenges. One of the primary concerns is the conflict of interest that may arise between the trustee’s role as a fiduciary and their position as a beneficiary. Balancing these dual responsibilities can be complex and may lead to disputes among other beneficiaries or legal challenges.
Furthermore, a beneficiary-trustee may not possess the necessary legal and financial expertise required to manage a trust effectively. Trust administration involves various legal and tax-related tasks that demand a high level of understanding and attention to detail.
To mitigate potential risks and ensure effective trust administration, it is crucial to seek professional guidance from an experienced estate planning attorney. Collaborating with an estate planning lawyer at the Law Offices of Terri D. Mason can provide valuable insights into the complexities of trust management and help navigate any legal hurdles that may arise.
Law Offices of Terri D. Mason
The question of whether a beneficiary can serve as the trustee of an irrevocable life insurance trust demands careful consideration. While there are definite advantages to having a beneficiary-trustee, such as personal investment and familiarity with beneficiaries’ needs, there are also potential risks, including conflicts of interest and inadequate expertise. Ultimately, the decision should be made after a thorough evaluation of the specific circumstances and goals of the grantor and beneficiaries.
If you are contemplating setting up an ILIT or have concerns about trust administration, consulting with an estate planning attorney at the Law Offices of Terri D. Mason can provide the guidance and support needed to make informed decisions and safeguard the financial security of your loved ones.
Remember, estate planning is a complex and critical process, and having a qualified attorney by your side can ensure that your wishes are executed smoothly and efficiently. Take the first step towards securing your legacy by reaching out to an estate planning attorney today.
To explore the possibilities of an ILIT or address any estate planning concerns, contact our experienced attorney at the Law Offices of Terri D. Mason.
If you suffer from an autoimmune disorder, you may be eligible for disability benefits. SSDI (Social Security Disability Insurance) is the most common disability benefit, providing monthly benefits to people unable to work due to a medical condition. With this benefit, you can cover essential costs such as food, housing, and medical care.
However, these benefits are not guaranteed, so it is critical to work with an experienced Baltimore SS Disability lawyer. Terri D. Mason has over twenty years of experience advocating for people with disabilities, including those applying for autoimmune disease disability benefits.
Benefits Available to Maryland Residents
Maryland residents with autoimmune diseases have several options for receiving benefits, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
SSDI (Social Security Disability Insurance)
SSDI is a benefit offered by the Social Security Administration to those who have worked long enough and paid enough Social Security taxes to be eligible. In addition, this program helps those who are disabled, elderly, blind, or have limited resources.
You must demonstrate that you are disabled due to a medically determined, severe mental or physical impairment. Then, the SSA will assess your condition to see if it prevents you from doing the type of work you did before.
SSI (Supplemental Security Income)
SSI is a federal program that offers monthly benefits to people with limited resources who are blind, seniors, or have a disability. Children with disabilities whose parents have little income and resources may also qualify for this assistance.
When applying for SSI benefits, you must provide detailed information about your disability and any other relevant circumstances that could affect eligibility. Specifically, you must describe your current financial situation and any possible alternatives to government benefits.
Autoimmune Disability Evaluation
According to the “National Institute of Environmental Health Sciences,” scientists know about over eighty autoimmune diseases. Yet, fewer are listed on SSA as official autoimmune diseases that qualify for disability which include:
- HIV Infection
- Inflammatory Arthritis
- Immune Deficiency Disorders (excluding HIV Infection)
- Polymyositis and Dermatomyositis
- Sjögren’s Syndrome
- Systemic Vasculitis
- Systemic Sclerosis
- Systemic Lupus Erythematosus
- Undifferentiated and Mixed Connective Tissue Disease
Even if your condition is listed above, it still must be severe enough to keep you from working for at least a year. However, if you suffer from an autoimmune disease not listed above, such as Rheumatoid Arthritis, Multiple Sclerosis, or Type 1 Diabetes, talk to an SS Disability lawyer to learn more.
One challenge you will have is determining which autoimmune diseases qualify for disability when not listed on SSA. This is one of the main reasons you must work with a Baltimore SS Disability lawyer.
Qualifying for Autoimmune Disease Disability Benefits in Maryland
To be approved for Social Security Disability benefits, you must prove that your autoimmune disorder has made it impossible for you to work. In addition, the Social Security Administration requires proof of missed time from work, such as the employer’s monthly timekeeping records or copies of bank statements.
Depending on the specific nature of your illness, you may require additional medical evidence to prove you cannot work. Furthermore, you must demonstrate that you have accumulated adequate income from past work to receive sufficient work credits (earned through working and paying Social Security taxes). When the Social Security Administration reviews your claim, they will consider whether your disease has restricted physical or mental functioning.
Access Your Autoimmune Disorder Disability Benefits With the Help of Terri Mason
Before SSA approves disability benefits for these autoimmune diseases, they consider several criteria. One of them is proving that your condition is severe enough to restrict your work capacity and causes intense pain and discomfort throughout your body.
Terri Mason, a Social Security Disability attorney, can assist you in determining if you suffer from one of the autoimmune diseases that qualify for disability benefits. She also assists with preparing the application and gathering medical evidence to back up your claim.
If your autoimmune disease has rendered you unable to work, you must speak with our Social Security Disability attorney as soon as possible. Call the Law Offices of Terri D. Mason at 443-948-7772 to schedule a consultation with our lawyer with a proven client advocacy track record.
When you apply for Social Security Disability benefits, the slightest mistake can delay the process or result in denial. Unfortunately, thousands of qualified Americans receive denied Social Security Disability benefits every year because the jobs they used to hold have been replaced with newer ones. This mistake happens because the Social Security Administration (SSA) uses an outdated job list called the Dictionary of Occupational Titles that only reflects some job titles available. Fortunately, if you have been denied Social Security disability, the Law Offices of Terri D. Mason can help. Below, we will discuss some of the issues our Social Security Disability lawyers can help with.
Denied Social Security Disability Application
Disability benefits from the Social Security Administration can be provided to individuals who cannot work for at least a year due to an illness or injury. These include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). However, applying for disability benefits can be a lengthy and laborious process. The good news is that a knowledgeable SS Disability lawyer can guide you through this application process and represent your interests should any appeals arise.
To determine if you are disabled, the Social Security Administration requires the completion of an Adult Disability Report. Once the SSA reviews your application, they will notify you whether or not you are eligible for disability benefits. Otherwise, they may let you know they plan to review your case.
Many applicants receive denied Social Security disability at this stage. However, you can often appeal the decision in an administrative hearing before an Administrative Law Judge (ALJ). Therefore, having experienced Social Security Disability lawyers on your side during this critical step in the process is highly recommended.
Denied SS Disability Based on Obsolete Jobs
The Social Security Administration (SSA) uses an evaluation process that considers your impairments and how they impact your capacity to work. They employ vocational experts to determine your needs for specific jobs as part of their evaluation process. These individuals will testify to available opportunities and determine if you possess the necessary skillset for one of them.
Unfortunately, vocational experts often rely on outdated job information when determining what jobs you can pursue. For instance, they might base on the Dictionary of Occupational Titles, which contains thousands of obsolete entries that have yet to be revised.
Some obsolete jobs have been automated or sent offshore, while others are nonessential in today’s globalized society. Not surprisingly, if you have had Social Security disability denied, you may not have known about this flaw within the SSA. Fortunately, the Law Offices of Terri D. Mason is ready to be your advocate.
Fight Back Against Outdated Job Denials With Our SS Disability Lawyer
If your medical condition prevents you from working, Social Security Disability benefits enable you to pay your bills and maintain essential income streams. If you had a Social Security Disability denied, our SS Disability lawyer can help.
Social Security Disability lawyers can guide you through this process and guarantee all necessary evidence is collected and presented in a way that supports your claim. We understand what to look for during the application process, how to construct a compelling case, and how to handle hearings effectively.
In filing an appeal, a judge will assess all evidence presented at this hearing. However, it may be daunting for individuals to go through this complex process alone.
As an experienced SS Disability lawyer in Maryland, Terri Mason will personally handle your case, gathering past and present medical records demonstrating your physical limitations and whether this condition has caused you to miss work. She will help calculate your benefit rate and eligibility.
We are here to guide you through the appeals process if you have a denied Social Security disability. Call us at 443-948-7772 to schedule your consultation.
Social Security Disability is a program that provides financial assistance to people with disabilities. However, the process of applying for and receiving disability benefits can be complicated. If you are considering filing for Social Security Disability or have already filed and been denied, it may be time to consult a Social Security Disability attorney.
In this article, we will discuss when you should seek the help of a lawyer. From navigating the application process to dealing with appeals, a Social Security Disability lawyer can be an invaluable resource. So, if you think you may be eligible for disability benefits or have already been denied, read on to find out if it is time to consult a lawyer.
When Processing Your Application
There are many reasons to seek legal advice from a Social Security Disability lawyer. One key reason is that these attorneys have the experience to help you navigate the application process and ensure you receive the maximum benefits. In addition, having an attorney review your application can help ensure that all necessary documents and evidence are included to support your claim correctly, increasing the chances of approval.
This is particularly important given the complex nature of the Social Security Disability system and the various requirements that applicants must meet. A knowledgeable lawyer can help guide you through the process and ensure you meet all the criteria.
During the Hearings and Appeals Process
Another reason to contact a lawyer is that an attorney can represent and advocate for you at hearings and appeals. Legal representation at these crucial stages can significantly increase the chances of obtaining approval or overturning a denial of benefits. In addition, Social Security Disability attorneys can navigate complex legal processes. They can ensure that your case is presented in the most robust possible way at the hearings and any appeals.
Determining Your Alternatives
A disability attorney can determine if any other potential income sources are available to you besides Social Security benefits. For example, if you’re a veteran, you may be eligible for benefits through the Veterans Administration. Additionally, you may qualify for Supplemental Security Income, a program that provides cash assistance for low-income individuals who are disabled, blind, or over 65.
Maximizing Your SSDI Benefits
The benefits of hiring Social Security Disability attorneys go above and beyond just getting your case approved. Having an experienced lawyer by your side can mean the difference between receiving the bare minimum and the maximum benefits available. In addition, these attorneys can provide invaluable advice on return-to-work options and long-term financial planning to ensure you maximize your benefits once approved.
So, if you are struggling with a disability and unable to work, do not hesitate to seek the help of a reliable Social Security Disability lawyer to help you navigate the complex process of securing disability benefits.
Talk to Our Baltimore SS Disability Lawyer for Your Social Security Benefits
Consulting with a Social Security Disability lawyer is crucial if you are considering filing for disability benefits. These lawyers have extensive knowledge of the process and can provide detailed information on every aspect of the claim submission process.
Our Baltimore SS Disability lawyer can provide the legal guidance and support you need to navigate this complex system. From documenting your claim to ensuring it is submitted correctly, our experienced attorney can help increase the chances of a successful outcome. With a deep understanding of Social Security Disability law, we can work tirelessly to help you get the benefits you need and deserve.
Applying for Social Security Disability benefits can be a daunting task. If you are still trying to figure out what to do, it is time to consult a lawyer. Reach out to the Law Offices of Terri D. Mason, one of the trusted Social Security Disability lawyers in Maryland. Terri D. Mason is a Baltimore SS Disability lawyer who will happily assist you with all your SS disability needs.
Chances are, you have heard that getting approved for social security benefits due to a disability is challenging. From the time-consuming steps involved when applying to worrying about your income while you await the decision, many people entitled to disability benefits wonder if the process is even worth it. However, according to the Social Security Administration (SSA), there are 9 million individuals or so in the United States who collect Social Security Disability benefits, proving that getting the benefits you deserve is possible with the help of a Baltimore SS Disability lawyer.
What Classifies as a Disability?
When you first begin looking into what conditions automatically qualify you for disability, it is important to note that while some are near-instantaneous green lights, others merely expedite the process. By definition, an individual is considered disabled if they cannot perform any substantial gainful activity due to a medical or physical impairment.
You may also want to be aware of the signs that you will be approved for disability benefits before you start the application process. These include:
- Possessing sufficient medical evidence
- Proof that you cannot do the work you performed previously
- Enough earned work credits
- Inability to participate in substantial gainful activity
- Meeting non-medical requirements
- Inability to work for at least 12 months or more
- SSA recognition of your disability
- An experienced Social Security Disability lawyer is working on your case
Determining what qualifies as a disability for Social Security Disability benefits can vary depending on the individual’s medical and physical condition. However, knowing and meeting specific requirements can increase the chances of being approved for disability benefits before application.
What Conditions Automatically Qualify You for Disability?
It is essential to understand which medical conditions automatically qualify an individual for disability benefits. Automatic qualifiers are medical conditions that are so severe that they automatically meet the Social Security Administration’s definition of disability. These disabilities are as follows:
Musculoskeletal System And Connective Problems
Arguably the most common disability among those entitled to disability benefits, musculoskeletal system and connective tissue problems involve damage to a person’s nerves, muscles, tendons, or ligaments. This category of disorder includes arthritis, chronic pain, fibromyalgia, and reflex sympathetic dystrophy (RSD)
Mental Disorders
The second most common type of disability eligible for Social Security benefits, mental disorders account for nearly 20% of all Social Security disability claims. Qualifying mental disorders cause extreme limitations in an individual’s ability to function independently. Examples of these disorders include mood disorders (such as severe anxiety, depression, or panic attacks), psychotic disorders (such as schizophrenia), organic mental disorders (involving confusion, loss of cognitive ability, and memory loss), post-traumatic stress disorder (PTSD), and disorders falling on the autism spectrum).
Cardiovascular Conditions and Circulatory Disorders
Circulatory disorders that impact blood flow to the heart or the rest of the body can also qualify for Social Security Disability benefits. Such disorders include angina, chronic heart disease, coronary artery disease, abnormal heart rhythm (arrhythmia), and congenital heart defects.
Cancer
If you have a form of cancer that limits your ability to lift, stand, walk, sit, or remember, you may be entitled to disability. However, if your illness is not causing these symptoms on its own, but instead, they are being caused by the treatment you are undergoing, you may still be eligible for benefits.
One way to determine your eligibility is to review the SSA’s “Blue Book,” which lays out the specific medical criteria for whether or not you can receive Social Security Disability. If you cannot find your diagnosis on the list, the SSA will review your application and the specifics surrounding your illness to determine if you qualify. Obtaining a Social Security Disability lawyer to help you with your case can make a huge difference.
Nervous System And Sense Organs Conditions
Neurological disorders vary greatly in both symptoms and severity. The SSA provides detailed guidelines on these types of conditions as with other types of disorders. Examples of what conditions automatically qualify you for disability include Parkinson’s disease or Parkinsonian syndrome, neuralgia, chronic fatigue syndrome (CFS), sciatica, partial or complete blindness, and hearing loss.
Maximize Your Chances of Approval With an Experienced SS Disability Lawyer
When applying for disability, thorough–and correct–documentation is critical. It is no secret that most disability claims are denied, causing unnecessary frustration and stress. The most common factors leading to denial are technical problems with an application and disqualification based on medical information, which is why you need an experienced Baltimore SS Disability lawyer.
You can seek help from a third party when applying for Social Security Disability benefits. At the Law Offices of Terri D. Mason, we pride ourselves on understanding your legal situation and working on getting you the outcome you deserve. Contact us, your trusted Baltimore SS Disability lawyer, today!
When researching the subject of disabled child Social Security benefits, parents and guardians may see a confusing array of descriptions noted for determining eligibility. For guidance throughout this process, consultations with social security disability attorneys should be sought. The Law Offices of Terri D. Mason can help you explain the process while seeking reliable results from the Social Security Administration (SSA).
Eligibility Criteria for Social Security Disability for Children
There’s a wide spectrum of criteria used to determine eligibility for children with disabilities.
- It must be proven that a disability exists by providing academic and medical records that support the evidence of the disability to receive Social Security disability child benefits.
- It must also be determined that the disability has lasted or will last for one year or more.
The final source responsible for deciding eligibility for child social security disability benefits is the SSA.
The ruling of a specific disability for a child under the age of 18 means that the child will begin receiving Supplemental Security Income (SSI). An evaluation is done of mental and/or physical conditions, and it must be concluded that the child experiences perceptible or critical inadequacies that prevent them from functioning in a normal capacity.
The SSA is interested in learning about what these children can do but may have difficulty doing (or require help to complete) and what they can’t, possibly because they’re restricted from engaging in certain activities because of their impairment.
SSA Evaluation Standards
A disabled child will be assessed in the following areas in comparison to other children of the same age who don’t have any disabilities:
- Interacting with and relating to others
- Acquiring and using information
- Attending to and completing tasks
- Motor skills and handling objects
- Self-care
- Overall health and physical well being
There are also numerous medical conditions that are considered in the decision-making process, which can interfere with a child’s ability to function in a normal capacity. For instance, attention deficit disorders prevent children from remaining focused long enough to complete certain tasks. Children suffering from disorders that cause significant pain will also have trouble concentrating or becoming involved in many activities.
The SSA Deemed Eligibility Chart
This chart will clearly explain how the SSI disabled child social security benefits work. This chart also explains that depending on the resulting evaluation, children might be eligible to receive SSI benefits as early as their date of birth until they reach the age of 18 years old. If benefits continue until the age of 18, then at that time, the case is re-evaluated according to how it’s evaluated for disabled adults.
Regarding childhood disabilities, the term “deeming” is applied to the combination of the parents’ and other household members’ income and resources to decide whether the child meets the income and resource requirements to receive a monthly SSI benefit. Deductions are made from the deemed total household income to determine the amount of SSI payments for child Social Security disability benefits.
SSI Payments for Children With Disabilities
The SSA only pays SSI to low-income disabled recipients with limited resources. This means that if the parents or guardians of the disabled child have income and resources that exceed the allowable income limits, then they won’t receive an SSI monthly allowance even if the child is determined to be medically or physically disabled.
Compassionate Allowances
Certain extreme medical conditions and diseases are identified and recognized immediately by the SSA, which can reduce the waiting time for reaching a decision. For instance, Compassionate Allowances (CAL) can be given for rare disorders and cancer diagnoses once the medical proof has been established.
The SSA also relies on information from medical and scientific experts, along with other government agencies, to help them quickly identify potential cases for social security disability child benefits that warrant implementing the CAL initiative.
Will all these, an experienced Social Security disability attorney would be needed in going through this process. Contact the Law Offices of Terri D. Mason at (443) 948-7772. Our office will work tirelessly to inform you of what you need to know while getting your child the benefits they deserve.
Obtaining social security disability benefits is not always an easy task. Unfortunately, many people make the mistake of expecting it to be. They think that once they fill out their application, they will send it in and be approved for benefits in a timely manner. However, this is different from the way it works.
The Social Security Administration denied over 65% of initial social security disability applications. Some of these denials are due to technical or clerical errors, while others are denied for other reasons. As such, if you’re looking to obtain disability benefits, it’s strongly recommended that you seek disability lawyers in Baltimore, Maryland.
Understand the Qualification for Disability Benefits
One of the first ways disability lawyers like Terri Mason can help you if you’re trying to obtain disability benefits is to help you understand whether you or a loved one even qualify for benefits. To qualify for benefits, you have to meet the definition of disabled as outlined by the Social Security Administration. This is important to understand, as the definition provided by Social Security isn’t always the same definition a doctor may use.
Social Security disability lawyers like Terri understand what conditions qualify for SSDI and which don’t. As such, she can help you to understand if you qualify for benefits before you even start the process.
File for Disability Benefits
If Social Security disability lawyers feel that you meet the criteria for obtaining Social Security disability benefits, the next step that they’ll take in helping you to obtain these benefits is helping you to fill out the initial application. The majority of SSDI applications are denied due to errors. The application may be filled out incorrectly, or there may need to be more medical evidence provided for the administration to make a determination on your case.
Terri knows what Social Security is looking at when deciding whether to approve or deny a case. As such, they know how to fill out the initial application and what documentation to include with the application. Having this help right from the start can help you avoid long wait times and possible appeals related to your case.
Obtain Your Social Security Disability Benefits
Finally, as your SS disability lawyer, Terri can help you obtain the disability benefits you are entitled to by helping you to appeal your case if you were denied benefits.
If you filed an application on your own and were denied, it’s important to reach out to an attorney right away. You only have a limited amount of time to file an appeal. If you fail to do so, you may have to file a brand new case or may lose out on the benefits you may otherwise be entitled to.
Four different appeal stages can take place. Those include –
- Reconsideration
- ALJ Hearing
- SSA Appeals Council
- Federal Court Appeal
Social Security disability lawyers can take over your case, regardless of your stage in the denial and appeals process. Having a lawyer increases the chances of an appeal being successful, which ultimately helps you to obtain the benefit you’re entitled to.
Obtain Your Disability Benefits With Terri Mason
Trying to get Social Security disability benefits on your own can be challenging. There’s a lot of misinformation out there as to who qualifies for disability payments and what needs to be included when you submit your application. There are also a lot of mistakes that are made by individuals filling out their applications for the first time.
Disability lawyers in Baltimore, Maryland, can help you determine if you qualify for disability payments and then fill out the application, helping to reduce the likelihood of your filing being denied.
If you’ve already been denied, a top lawyer like Terri Mason can help you fight the denial. If you’re looking to obtain disability benefits, the Law Offices of Terri D. Mason would love to help you. Reach out to us today to get started.
Many people find the definition of “disability” for Social Security disability benefits to be confusing.
The Social Security Administration (SSA) has very precise rules that apply to disability determinations. When evaluating claims, the SSA looks closely at both the work activities that a claimant can perform and the ordinary, everyday activities that a claimant can perform. While for social security disability house cleaning or other household work doesn’t determine the validity of a claim, the inability to do certain kinds of household chores can help prove a claimant can’t do gainful work.
This blog post will focus on how the ability, or inability, to do household chores can influence a Social Security disability benefits claim.
How Does Social Security Define Disability?
Social Security requires disability claimants to prove three things:
- The claimant suffers from a serious medical condition that prevents substantial gainful activity through work;
- The claimant can’t do the work they did previously or adjust to other work because of the serious medical condition;
- The condition has lasted or is expected to last for more than one year or result in death.
The test is a very strict one. When a claim is filed, Social Security will review both the medical records of the claimant and require the claimant to fill out an evaluation form showing exactly what sort of work and life activities are possible. In many cases, the simple activities of daily living can be used as evidence to show that the claimant can’t engage in gainful activity.
How Can Evidence of Household Chores Influence a Disability Claim?
Many of the ordinary tasks we do every day represent skills that carry over into the work environment. For example, if you have a medical condition that prevents you from buttoning your clothing or picking up small objects like coins, you may also be unable to perform fine manipulations on the job, like punching small buttons or picking up objects in the workplace.
Similarly, if you’re unable to stand for long periods of time or to perform repetitive tasks like raking leaves or shoveling snow, you may not be able to perform repetitive actions or walk on the job.
The Social Security disability evaluation looks at mental and psychological capacity as well as the ability to perform physical tasks. If an applicant has lost interest in socializing with friends or taking part in hobby activities, the fact could be used to demonstrate that the applicant is suffering from depression or some other psychological condition that prevents employment in the workforce.
In preparing a disability evaluation form, the applicant should look for opportunities to explain how the limitations in their everyday life affect their ability to engage in work. Any lack of capacity to perform the activities of daily living should be highlighted as a means of demonstrating to the Social Security hearing officer that the claimant is disabled according to the definition of the SSA.
If a caregiver is assisting the claimant, then the caregiver can often shed light on the ability of the applicant to perform household chores and work in the workforce. A good Social Security disability lawyer will assist the claimant in developing the facts of the case by exploring how the medical condition of the claimant affects all aspects of life, including household chores, outside activities, hobbies, and work.
Can Disability Lawyers MD Help With Your Social Security Disability Claim?
Social Security disability claims are complex and often difficult to prove. Many times the claimant is denied at the initial hearing and prevails only after one or more appeals. Claimants shouldn’t be discouraged, though.
If you or a loved one require the assistance and advice of a Social Security disability lawyer in Baltimore, we can help. The Law Offices of Terri D. Mason in Baltimore have provided clients with aggressive representation for nearly a quarter-century. We’ve assisted many satisfied clients in gaining Social Security benefits.
If you live in Baltimore or the nearby counties, contact us today for a consultation. We would be delighted to meet you and evaluate your case. We’ll handle your legal work with compassion and care.