Redlands California Estate Planning Blog

Social security disability benefits are often awarded only after a rigorous and contentious process. Many California claimants are denied on the initial application and then again on the first level of appeal, reconsideration. Often, only after the claimant has appeared before an administrative law judge at the next level of appeal, the disability hearing, do the monthly payments begin. The good news is that in many cases back benefits are available from when the disability first began, but the bad news is that the disability award is not necessarily permanent.

The Social Security Administration guidelines require a benefit recipient to regularly be assessed for a continuing disability review. Consequently, disability experts explain that a disability recipient may be disqualified if monthly earnings exceed the current substantial gainful activity amount or medical records reflect a significant improvement in the condition that qualified the claimant for disability.

Parents or grandparents in California and throughout the country generally must tell beneficiaries that they are included in a trust. However, there is no clear guideline as to when they must tell their children or grandchildren about their inheritance. As a general rule, a beneficiary must be given an annual statement by the time he or she reaches age 25. These updates are necessary to ensure that beneficiaries can protect their own interests.

However, withholding information about a trust could also be perceived as being in the beneficiary's best interest. Withholding information about an inheritance could be a way for parents to prevent their children from growing up with a sense of entitlement. In some cases, another party could be designated to receive information on behalf of a child beneficiary. At a minimum, it is important that there is adequate trustee oversight at all times.

California workers disabled by serious injuries or suffering from debilitating or terminal diseases often seek Social Security Disability Insurance benefits. The Social Security Administration will need three to six months to review an application's paperwork and medical records. Only about one-third of applicants succeed on their first attempt. When the agency denies benefits, applicants may appeal the decision, but the appeals process could take up to two years.

Due to the length of time necessary to pursue benefits, people confronted by long-term disability and the inability to work should launch their applications as soon as possible. Waiting would only worsen the financial hardship that results from income loss.

It is not uncommon for individuals in California and elsewhere to be responsible for finding long-term care for an elderly family member. However, a person will usually have many questions as it relates to finding such care. For instance, there may be questions about how to pay for it or which facility offers the best service. It can also be challenging to tell a parent or grandparent that he or she needs to be in a long-term care facility.

It can be a good idea to bring up the subject of long-term care in broad terms at first. For instance, an individual could tell a parent about an article that he or she read about the topic. From there, that person may talk more about the services provided and how it could be an option if a parent can't take care of their basic needs anymore.