Practice Areas
Legal Practice Areas
Social Security
If you are unable to work because of a physical or mental illness, you may be eligible for social security disability benefits. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs provide financial benefits that can help you take care of yourself while you are unable to work. In order to be eligible for benefits, Social Security requires that you be unable to perform substantial gainful activity due to a physical or mental impairment that is expected to last for a least twelve months or result in death.
- Claim Denied
Why was my claim denied when, clearly I can’t work? This decision makes no sense.
It is a harsh reality for many claimants, but you cannot always rely on common sense to determine who is and who is not disabled under Social Security laws, rules and regulations. This is so because Social Security’s strict definition of “disabled” calls for a hypothetical determination of your ability to work.
That is, the Social Security Administration (SSA) only wants to know whether you are able to work; it does not care or even consider whether, in the real world, you can find suitable work. That said, if you are not able to work because of your physical or mental condition, then it may be that your claim was denied in error. The SSA is a large government bureaucracy and, like all large bureaucratic entities, it makes mistakes.
This is especially true in the early stages of the disability application and appeals process, when the decision-makers tend to rigidly apply the Social Security rules and regulations, with little consideration for the nuances of each individual case. About two-thirds of initial claims for Social Security disability benefits are denied, and many of these are denied erroneously.
Depending on the facts of your case, the possibilities for error are endless. For example, your claim may be erroneously denied if the SSA decision-maker:
- Determines (incorrectly) that your impairment is not severe.
- Fails to consider all of your impairments.
- Fails to consider the impact of all your symptoms.
- Overestimates your ability to function in a work setting; or
- Overestimates your education level.
Social security disability
- Who get disability benefits
How does the Social Security Administration determine who gets disability benefits?
The Social Security Administration (SSA) uses a 5-step analysis to evaluate every claim for disability benefits. This analysis requires the Social Security decision-maker to consider the following questions, in the following order. If the answers in your case match our answers below [Yes/No], then you will be awarded benefits. A “wrong” answer at any point will end the analysis and result in the denial of your claim.
- Step 1: Are you gainfully employed? [No.]
- Step 2: Do you have a severe physical or mental impairment that has been diagnosed and docu- mented by a medical professional and is expected to last for at least a year or to result in your death? [Yes.]
- Step 3: Is your impairment found in the Social Security Listing of Impairments? The Listing of Impairments establishes criteria for more than 100 physical and mental conditions that the SSA deems severe enough to be disabling as a matter of law. If your condition “meets or medically equals” the crite- ria for a Listing impairment, then you are “disabled”. If not, then you must clear both Step 4 and Step 5 to be awarded benefits.
- Step 4: Are you able to do the easiest job you have done in the past? [No.]
- Step 5: Are you able to adapt to new work? [No.]
Estate Planning:
ESTATE PLANNING is the process of determining how your assets will be distributed when you die. A complete estate plan includes appointing a guardian for your minor children and a person to manage the children’s assets; providing for your incapacity; minimizing estate taxes and avoiding or minimizing the delays and expense of probate. Newsom Law helps you determine how to distribute your assets at death, so the state of Georgia doesn’t decide for you.
Contrary to popular belief, estate plans aren’t just for the rich and famous. Everyone can benefit from the peace of mind that planning for the future can bring. And estate planning doesn’t just include distributing your property to your loved ones.
Making your own estate plan can be one of the most valuable presents you can give to your
family. No matter how much property and wealth you own, estate planning is suggested for
people of all ages. Estate planning is a useful tool for arranging your estate if you become disabled or die. After you die, the process can help your surviving family avoid
misunderstandings, additional court costs, and legal expenditures. You may protect your
loved one’s rights to your inheritance and ensure that they inherit your assets after your
death by carefully preparing an estate plan. Proper estate planning can minimize the
assets that need to pass through probate or eliminate probate altogether.
- Do I need a will?
If you die without a will, your property will be distributed based on certain “intestate” rules, and the property will not necessarily be distributed in a way that you desire. A will ensures that your personal assets will go to family members, individuals, or charitable organizations you specifically designate to receive your property. If you have minor children, your will can also include provisions to address who will care for your children after your death.
- What is a trust?
A trust is a legal relationship in which one person (the trustee) holds legal title to property for the benefit of another (the beneficiary). Many kinds of trusts exist and are used to accomplish a variety of estate planning goals. A trust may supplement a will, or replace a will; allow your estate to avoid probate; be created to manage a person’s property or protect it from creditors; provide tax benefits; or reduce tax liabilities. An experienced estate planning attorney can help you determine what trusts to include in your estate plan depending on exactly what you want to accomplish.
- POA
WHY YOU NEED A HEALTH CARE DURABLE POWER OF ATTORNEY (DPOA)
A health care durable power of attorney (DPOA) is a more versatile document that allows you to appoint a health care agent to act on your behalf.
1. WHAT A HEALTH CARE DPOA DOES
A health care DPOA allows you to appoint a health care agent or representative to make decisions on your behalf if your condition doesn’t allow you to make your own decisions. The health care DPOA applies to all health care decisions for all types of medical conditions, not just when death is imminent or you are in a vegetative state. It gives you an opportunity to outline your philosophy as to the types of treatment you want to receive or decline including end-of-life care.
- A health care DPOA may be one of the most important legal documents you will ever sign. Unfortunately, you never know when you might suddenly need someone to make medical decisions for you. Every year in the United States over 700,000 people have a heart attack and 800,000 suffer a stroke. A health care DPOA allows you to prepare in advance for this kind of emergency health crisis. The health care DPOA ensures that the right person will be making decisions for you and those decisions are consistent with your personal values and wishes.
PROVIDING FOR MINOR CHILDREN
If you have minor children, you will want to name a guardian to care for them in the event of your death. Although a court will need to appoint the guardian, most courts will follow your wishes in the absence of a compelling reason not to.
As a divorced person, should you die first, your ex-spouse will get custody of your children, unless he or she is clearly unfit. This is true even if you had full legal custody and your will names someone else as their guardian.
If you don’t believe your ex-spouse is an appropriate person to have custody of your children, speak to your lawyer. You will want to document your concerns in your will or a letter and preserve any evidence you have of your ex-spouse’s unsuitability. The court will consider this material in making a decision.
Minors can’t be given property outright. You will need to designate someone to manage your children’s property until they are adults and able to manage it themselves.
As a divorced person, a will leaving everything to your children may not accomplish your goals. Since your ex will usually become the legal guardian of your children, he or she will control the property your children receive from your will. If you are not comfortable with this situation, you can establish a trust for your children and name a trustee to manage and distribute the property according to your wishes.
PREPARING FOR INCAPACITY
In your estate planning documents, you can designate someone to manage your financial affairs should you become unable to do so. You can also specify how your incapacity is to be established. With the proper documents in place, you will save your family the expense and stress of having to go to court to get a guardianship.
You can designate a person to make medical decisions for you when you no longer can. And you can provide written guidelines for that person as to what type of end-of-life treatment you want.
Probate:
Probate is the judicial process that validates a will and recognizes or appoints a personal representative to administer the estate. The personal representative manages debts and distributes assets to the intended heirs and beneficiaries. Anyone who loses a loved one understands that the grieving process can go for a long time. However, you must also cope with the practical repercussions of your loss, which includes addressing the person personal and real possessions, during this period of grieving. While the process of probate can be time-consuming and costly, we can help minimize the stress and manage the process for you.
A Petition to Probate in Solemn Form is usually the first step in the probate process. Executors appointed by solemn form probate can file a petition to be relieved of their liability and responsibilities six months after their appointment. If the decedent made a will, this will occur. The Petition to Probate in Solemn Form is a representational mechanism used by the court to determine if the will being probated is legitimate. It also examines whether the decedent executed it correctly and in accordance with the terms of the grantor. All of this must be shown in order to indicate that the decedent’s mental capacities were not harmed in any way.
The individual appointed as executor is granted the Letters Testamentary, a document issued by a probate court that gives an executor the right to act in a fiduciary manner on behalf of the estate, once the petition to probate is approved. The executor is declared the legal representative of the decedent’s estate at this time. After the executor has been appointed as the estate’s legal representative, the process of administering the estate begins. This procedure comprises gathering and managing the estate’s assets, completing the relevant tax reports, paying off and resolving claims made against the estate by creditors and others, and eventually distributing the estate’s remaining assigned assets to the beneficiaries.
When a petition for discharge is filed, the length of probate comes to an end. The executor appears in front of the probate court and says that he or she has completed all of the obligations given under the last will and testament. The court then decides that the executor has been released of their obligations and is no longer liable for the estate’s debts.
