Redlands California Estate Planning Blog

The death of a loved one in California can bring out surprising claims on an estate, especially if the loved one was wealthy or famous. Aretha Franklin, the celebrated performer known as the "Queen of Soul," passed away in August 2018 at the age of 76 after a battle with pancreatic cancer. Despite having an estate worth millions of dollars and a valuable music catalog, she left behind no will or trusts to disperse her assets. As a result, relatives and others have jumped into the fray to make a claim on the estate.

The Oakland County Probate Court near Detroit is handling the estate, and filings indicate that Franklin's ex-husband is seeking a share of her music royalties. The former husband is the dad of one of Franklin's four sons, who is already an heir under state intestacy laws. Franklin was married and divorced twice during her life. Another of Franklin's sons filed a request urging a higher level of financial disclosure from the estate during processing. The estate responded by saying that this demand would be excessively expensive.

There are many factors that may determine how quickly a California resident may receive their disability benefits. For example, those who had their initial applications approved will generally get benefits quicker than those who were approved at a hearing. This is because an approval is not immediately sent for processing. Instead, the decision is created by a separate entity who then sends it to a judge for approval.

From there, it is sent to a payment center to be processed. Therefore, it may be two months before a person receives payment after their application has been approved. When an application is approved at the initial application or reconsideration level, the application is sent for processing almost immediately. If a person has a future month of entitlement, there could be a delay of at least five months before payment is received.

When people in California apply for Social Security Disability benefits, the funds are often much-needed, especially as the applicant can no longer return to work. However, many people are denied when applying for SSD, especially at the first stages of the process. The majority of claims are denied at the first level of benefits application, and even more are denied under a reconsideration appeal. However, moving further in the process allows applicants the ability to present more information and strengthen their case, giving a higher likelihood of a successful outcome.

If an applicant receives a letter from the Social Security Administration denying an application for disability benefits, it is important to file a timely appeal within the guidelines provided by the SSA. Appeal paperwork must be received within 60 days after the date of the denial, indicated on the upper right corner of the denial notice. In general, applicants have five extra days to account for mailing problems, for a total of 65 days. When people receive a denial notice, they can act to move forward by immediately reaching out for the appeal forms required to take the next step.

The path from the first steps of a Social Security Disability claim to final approval can be challenging for California applicants. However, understanding what happens after a claim is submitted can help people feel as if they have a better grasp of the process taking place. When people first apply for SSD benefits, their application is sent to disability determination services, a state agency, for further processing. A caseworker or disability examiner will be assigned to the claimant's application to review materials and investigate the file.

The first step for most disability examiners is reaching out to the medical sources provided by the applicant to obtain the relevant medical records for review. If these records are 90 days past or older, they may be considered outdated, requiring further review. In this case, the disability examiner will contact the claimant to come in for a consultative examination performed by a doctor working for Social Security. These exams are rarely as useful as those performed by an applicant's own doctor, especially as the physician involved has little knowledge of the claimant's medical history and additional symptoms. In addition, this type of exam rarely leads to approval for disability benefits except when the applicant's condition can be clearly and objectively tested.