TheElder & Disability Law Firm, APC
Contact Us To Set Up A Strategy Session Toll Free:800-409-6271

January 2019 Archives

How to decide when to tell children about a trust

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.

Common errors that lead to disability claim denials

There is no guarantee that an individual in California or any other state will have his or her disability benefit application approved. However, there are steps a person can take to maximize the chances of that happening. First, an applicant should ensure that their doctor agrees with the decision to file for disability benefits. If that is the case, that doctor should include a statement that an examiner can use to evaluate how a condition impacts the applicant's life.

Expect long waits when applying for Social Security Disability

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.

What to know about long-term care planning

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.

Aretha Franklin's estate remains in dispute

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.

Estate planning when a loved one is addicted

Many people in California have loved ones who are struggling with addictions. People often want to leave behind bequests to their family members, but wonder how to do so in a way that is responsible when the recipient has a substance use disorder. This question is increasingly common, especially as the opioid crisis has spread across the United States. In 2016 alone, over 42,000 people died as a result of opiate use, five times the death rate in 1999. Addiction can lead to difficult relationships and dangerous, even criminal, behavior, but many people love and want to support their addicted loved ones.

Benefit recipients may need to wait for their first payment

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.

Severe impairment needed to receive disability benefits

People in California who are unable to work due to their disabilities may wonder what they need to show in order to be approved to receive Social Security Disability Insurance. The severity of a person's medical condition is one of the major components of a successful claim for benefits. It is the first issue taken up by disability examiners for the Social Security Administration when assessing a new application, especially when making a medical vocational allowance.

Appealing a denial notice for SSD benefits

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.

Secure Your Future & Your Loved Ones’ Future By Planning Today.

Firm Numbers:

Firm Location:

Redlands Office
104 E. Olive Ave., Suite 103
Redlands, CA 92373

Toll Free: 800-409-6271
Redlands Law Office Map

Riverside Office
3610 Central Ave., Suite 400
Riverside, CA 92506

Riverside Law Office Map

Satellite Office: