Will an Inheritance or Personal Injury Settlement Effect My Social Security Benefits?

It is not unusual for person’s receiving Social Security benefits to come into money or property by way of inheritance or personal injury settlement or judgment. To determine whether the receipt of this money or property will adversely affect your benefits, you must determine what type of Social Security benefits you are receiving.

There are two types are Social Security benefits: Supplemental Security Income (SSI) benefits and the other is called Social Security Disability (SSDI) benefits.

Social Security Disability benefits are paid to persons that have put in the required number of quarter payments over a specified period of time and is not needs based. A person drawing Social Security Disability benefits has no limits on what property they can own.  Therefore, the receipt of an inheritance or personal injury settlement will have no effect on a person receiving Social Security Disability benefits.

On the other hand, Supplemental Security Income benefits is a needs-based program. Claimants are entitled to these benefits only if they do not exceed certain property limits.  Therefore, the receipt of an inheritance or personal injury settlement may have an effect on a person receiving Supplemental Security Income benefits.

If you are unsure what kind of benefits you are drawing, you can obtain this information the Social Security Administration in order to take preventive actions to avoid losing eligibility of your Supplemental Security Income benefits.

 

 

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Social Security Disability: Don’t Avoid Treatment

It is not uncommon for people that have physical or mental disabilities to avoid treatment. When the medical records are reviewed, you will find long time periods where the claimant did not see a doctor for examinations or treatments.

These gaps, in the medical records can cause significant problems in proving a Social Security Disability (SDI) or Supplemental Security Income (SSI) claim. Without ongoing office visits, it will be difficult for a doctor to state whether your condition got better, worse or remained the same. It will be difficult for the Social Security Administration to assess your ongoing disability and determine its severity.  It will also be difficult for your treating doctor to assist you in providing an accurate diagnosis, determination of disability and plan for treatment.

Further, your medical treatment may require testing, treatment and therapy. All of these elements can also be used to prove your Social Security Disability case.

If you are seeing a doctor, you should continue to make and attend recommended office medical visits. You should also comply when your doctor prescribes testing, treatment and therapy.

Avoiding treatment can not only adversely affect your health and wellbeing, it can also hurt your claim with the Social Security Administration.

If you have any questions concerning Social Security claims, you should consult an experience Social Security attorney.

 

Kent S. DeJean

 

Putting Off Getting A Will till You Fly? Think Again!

 

One of the biggest things that motivates people to our law firm to engage in estate planning or updating their wills is when they go on an airplane trip. The thoughts to traveling high in the air in a large aircraft scares people into executing wills and powers of attorney. The perception is that flying is very dangerous. However, human perception is sometimes not based in reality.

 

What is your probability of dying in a commercial airplane crash? According to statistics, you have a one in 3.5 million chance of being involved in a commercial airplane crash where at least one person dies (not necessarily you).

 

In comparison, statistics show that you have a one in 100,000 chance of dying in an automobile accident. That’s right. You are at least 35 times more likely to die riding in a car accident today than if you got on a commercial aircraft.

 

So, what is the moral of the story? Instead of waiting to estate plan when you are taking a trip on a plane, you should be much more worried about estate planning today if you are riding in a car. One should not put off estate planning or the execution of powers of attorney. Our health and/or capacity is not guaranteed. Plan today!

 

If you have any questions about wills, estate planning or powers of attorney, contact an experienced estate planning attorney.

 

Kent S. DeJean

Can I Discharge My Student Loan in Bankruptcy?

The general answer is no. Student loans are not automatically discharged in bankruptcy. In fact, they are exempt from discharge.

In order to discharge the student loan, a debtor must file a special lawsuit called an adversarial proceeding to prove that the student loan poses an “undue hardship”. This is a very difficult burden to prove since the debtor must show that not only the debtor cannot pay the loan payments now but, that they will be unable to pay them in the future as well. Because of the high burden, discharges on student loans are limited to persons with health or disability issues.

If you have a question concerning bankruptcy, you should contact an experienced bankruptcy attorney.

 

Kent S. DeJean

 

 

New Medicaid Numbers

 

Community Spouse Resource Allowance $123,600
Resource Allowance for an Individual $2,000
Resource Allowance for a Couple
(Both husband and wife in a nursing home)
$3,000
Monthly Maintenance Needs Allowance $3,090.00
Monthly Personal Needs Allowance $38
Divestment Penalty Divisor $4,000
Maximum Home Exclusion $572,000

 

Wills Are Not Secrets!

One of the popular public myths is that wills are a big secret. From a practical stand point, this is not entirely accurate.

The fact that you have a will should not be a secret.

What is contained in the will can be a secret.

You should be very public about the fact that you have a will and where the will is located to those persons, who are named in the will.

You can be so secretive to the point that no one can find it. That defeats the whole purpose of having a will.

If you have any questions about wills, you should consult an experienced estate planning attorney. Kent S. DeJean

FREE SENIOR ALERT

 

 

 

ON

MARCH 28, 2018

AT

WYNDHAM GARDEN

5600 Bluebonnet Blvd.

Baton Rouge, LA

9:30am, 12:00pm, and 4pm

Refreshments served

 

 

 

CALL NOW TO GET YOUR DUCKS IN A ROW   225-892-9702

 

THIS FREE TALK IS A MUST IF YOU:

Þ Are a child who is beginning to worry about your parent’s health and the possibility that you may end up taking care of them.

Þ Do not have a long term care plan and you think that you have sufficient income to pay for long term care.

Þ Are already in need of long term care.

Þ Are eligible for Veteran’s benefits that may provide up to $2,126.00 per month Tax Free.

AT THIS FREE TALK YOU WILL DISCOVER:

Þ How the new tax law will impact your retirement.

Þ How to protect your home, income, and savings from the government.

Þ How to avoid probate

Þ Why a revocable living trust is a Medicaid disaster.

Þ How to increase your Social Security and Retirement income.

Free Senior Talk

There will be a Free Senior talk given at the Wyndham Garden Hotel 5600 Bluebonnet Blvd. Wednesday, March 28, 2018 at 9:30am, 12:00 and 4:00pm.  Call 225-892-9702 to reserve your spot.

How Much Monthly Social Security Benefits Will I Get When I Retire Or Am Disabled?

There is a very good online article about how your monthly Social Security Benefits. The following is the article’s website:

http://finance.yahoo.com/news/how‑social‑security‑benefits‑are‑calculated‑173545005.html?soc_src=mail&soc_trk=ma

The Social Security Administration has a website where you can calculate your own benefits yourself. The following is the Social Security Administration’s website:http://www.socialsecurity.gov/myaccount/

If you have any questions, concerning Social Security benefits, you should consult an experienced Social Security attorney. Kent S. DeJean

Don’t Delay in Getting A Powers of Attorney!

It is very common for people to put off executing powers of attorney. In fact, recent studies show that 80% of adults do not have an executed power of attorney. Most people think that powers of attorneys are for people that are sick or old.

In the real world, none of us are guaranteed capacity even today. An accident or health issue can take our mental or physical capacity away from us quickly without prior warning. We would be unable to take care of our own person and property. No one can predict when a person will lose capacity.

The execution of a valid durable powers of attorney is relatively quick, easy and fast. When a person fails to plan in advance, that person is “playing with fire”. Many learn the lesson the hard way. They wait until it is too late.  The family may be unable to get the power of attorney executed because the person has lost capacity. The family may have the person sign a power of attorney where capacity is an issue. This can lead to family disputes and/or challenges to the document.

If you have any questions concerning powers of attorney, living wills and advanced medical directives, you should contact an experienced estate planning attorney.

Kent S. DeJean