YES. FEMA (Federal Emergency Management Administration) whose mission it is to help people before, during and after disasters will have funds available starting April 12, 2021 to reimburse up to $9,000 per funeral to those that paid for burial of love ones from COVID. Funds were made available in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021.
To qualify:
• The death had to occur in the US, including US territories and the District of Columbia after January 20, 2020.
• An official death certificate must state death was attributed directly or indirectly to COVID-19. Phrases that indicate a high likelihood of COVID-19 will be considered sufficient.
• The applicant must be a US citizen, qualified alien, or non-citizen national. There is no requirement the deceased be born in the US.
• Funeral expenses documents must include the applicant’s name, show your name as the responsible party, the deceased person’s name, the amount of funeral expenses and date(s) the funeral expenses happened.
• There can be no duplication of benefits received from burial or funeral insurance, voluntary agencies, government agencies or other sources like donations. These amounts will be deducted so its possible to get partial assistance. Life insurance that was payable to an individual or an estate is reimbursable.
• Funeral expenses can also be for interment and cremation.
• Applicants may receive reimbursement for multiple deceased individuals up to a maximum of $35,000.
If multiple persons contributed toward funeral expenses, such as the children of a deceased parent, they should apply under one application as applicant and co-applicant. A minor child cannot apply even if he or she was the primary beneficiary of the decedent’s estate, however if all documentation supports the minor child’s payment of the funeral expenses FEMA will consider the application for possible assistance under terms not yet released.
NO ONLINE APPLICATIONS WILL BE ACCEPTED BUT GATHER YOUR DOCUMENTS NOW. Once an applicant has applied and received an application number you will be able to upload, fax or mail documents. To register you will need your and the deceased person’s Social Security numbers, your and the deceased person’s date of birth, your current mailing address and phone number, location where the deceased passed away, information about burial and funeral insurance policies and other donations or payments made on the funeral bill, routing and account number for applicant if direct deposit is requested.
The following funeral expenses are covered:
• Transportation for up to two individuals to identify the deceased person
• Transfer of remains
• A casket or urn
• Burial plot or cremation urn
• Marker or headstone
• Clergy or officiant services
• Arranging the funeral ceremony
• Use of funeral home equipment or staff
• Cremation or interment costs
• Cost of producing and certifying multiple death certificates
• Additional expenses mandated by local or state government laws or ordinances.
A hotline has been setup at 844-684-6333 or TTY for the deaf at 1-800-462-7588. The Office will be open from 8 AM to 8 PM Central Time after April 12, 2021. At present there is no deadline to apply for COVID-19 Funeral Assistance.
DISCLAIMER The information given in this article is of a general nature and does not create an attorney-client relationship. You should always consult with an attorney one-on-one regarding the specific facts of your situation. April 2021

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

I will answer this question in two ways. First, in 1980 I worked at the Maryland School for the Deaf which had just started mainstreaming elementary children. Many of the children came from hearing families. Students and teachers rose to the challenge.
I was also a volunteer interpreter for one mainstreamed child and her deaf family at our church. Both parents and four of the five children were deaf. This child had stopped speaking at 3, not because she could not talk, she just did not need to at home or in the deaf school, and she did not feel comfortable with the children her age at church. To this day I remember the first time she signed AND asked me a question. Months later she was talking in the hall and had friends. Church friends who wanted to communicate with her and even learned some sign language to do so. Mainstreaming mattered. My daughter is a middle school English teacher and often shares with me her IEP students’ successes in overcoming challenges. Mainstreaming became the new normal and I think it is a better world because of it.
One of the strengths of the Americans with Disabilities Act which became law in 1990 was that it provided detailed guidelines on how to deal with a wide range of physical and mental disabilities. It established the concept of “reasonable accommodations” which are utilized in school and work environments. Later additions to the ADA would add the legal requirement of “equal rights” under the law. Surprisingly, these changes did not come without opposition. Advocacy has been required to push compliance. There has been litigation and added costs to businesses, the government and the taxpayers.
Obviously, there are different kinds of disability. Different conditions call for different responses in a professional setting. There are all kinds of barriers to the disabled, some physical, some social, some financial and some legal.
I handle Social Security disability cases; some clients are children. Mental and emotional problems are often a factor for those seeking disability. Social Security judges, also known as administrative law judges, rely on teachers and vocational experts, doctors, and other health providers in all fields. They often have a tough time evaluating how resilient and able a person is to be retrained to perform other gainful employment.
I also file guardianships, some for adult children, some for spouses, some for elderly parents or to protect a sibling. Some families have done incredible jobs dealing with family members with disabilities. Others, not so well. Disabilities are real and hard to live with. I am often helping people in crisis or planning how to avoid a crisis. The probate code requires judges to always consider the least restrictive environment and specifically address which rights a protected person should still have independence in such as to vote, to drive a car, to marry, to enter into contracts, to choose where to live to name a few.
Some disabilities come later in life. I encourage clients to plan and to spend money wisely. People with physical and mobility problems need barrier free homes, to live where there are accessible public places, and to hire help early to assist with self-care tasks. Poverty and lack of services are not issues I can always solve.
Our code of ethics directs lawyers to treat disabled clients with respect and as regular as possible. You tell disabled clients the truth. Sometimes you use larger fonts, speak loud, call to remind of appointments, use smaller words and simpler concepts, or push a wheelchair. Some situations can be improved, some I advise can only be managed with compassion and courage. In addition to legal knowledge, often you lend strength and a sense of humor.
DISCLAIMER The information given in this article is of a general nature and does not create an attorney-client relationship. You should always consult with an attorney regarding the specific facts of your situation. October 2020

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

1. I have a revocable trust that provides for a disabled child on my death. Do I need to amend it due to the new SECURE Act?
2. Good question. The answer is no, but we are all still learning about this Act which was buried in 1700 pages of the Further Consolidations Appropriations Act of 2019, that concerns a 1.4 trillion-dollar budget.  The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act 2019) was signed into law by President Trump on 20 December 2019 after being passed by the House on 17 December 2019 and by the Senate on 19 December 2019.  NAELA intervened back in the spring when the House was first pushing the bill along to ensure language would be included to protect the disabled.    We can thank the NAELA Tax Section Steering Committee for its successful efforts.

This is a big one so let’s take a few steps back to ensure readers can follow along.

The qualified trust rules of Internal Revenue Code (herein after IRC) § 401(a) apply to traditional IRAs. A traditional IRA is an account funded with pre-tax dollars, which, with certain exceptions, is not subject to income tax until the funds are distributed from the account. The value of a traditional IRA lies in the ability to defer taxation on income earned by the IRA owner for many years into the future. The Act changes the stretch provisions of inherited traditional IRAs, 401ks and similar retirement plans that allowed the actuarial life expectancy of the designated IRA or qualified account beneficiary to be used after the original owner dies.  The new Act requires that all distributions of inherited IRAs must be made within ten years of the decedent’s date of death.  There are no required minimum distributions (RMDs) set for each year and even distributions over the ten-year period are not required.

Spouses are excluded under the new rules for inherited IRAs and retirement accounts, as are disabled and chronically ill beneficiaries.  Individuals who are not more than 10 years younger than the original IRA or qualified retirement account owner, or a child of the employee or IRA account owner who has not reached the age of majority are also excluded. (i.e. they still get the stretch and to defer taxes over their lifetimes).

The definition of disabled is like that of the Social Security Administration.

Section 72(m)(7) of the Act reads:

“(7) Meaning of disabled:  For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require.”

If a person receives Social Security disability benefits and presents proof thereof it should be enough evidence of disability, however not all disabled adults receive SSI or SS disability benefits.  We assume other medical, vocational and school evidence should be enough.

Section 401(a)(9)(E)(ii)(IV) of the Act reads:

“(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one which is reasonably expected to be lengthy in nature),

My current understanding is that the new law will not impact those who reside in a SC nursing or group home and receive Medicaid assistance.

Section 7702B(c)(2) refers to those who need help with at least two ADLs to include:

(B)Activities of daily living:

(i) Eating.

(ii) Toileting.

(iii) Transferring.

(iv) Bathing.

(v) Dressing.

(vi) Continence.

Another Section covers dementia type disorders.

For many, their individual retirement accounts and qualified plans may be their largest or second largest asset after their home.  Therefore, please note the Act also increases the mandatory age for taking one’s required minimum distributions from the current age of 70 ¹/₂ to age 72.

Among the key changes for small business owners and their employees, the SECURE Act allows two or more unrelated employers to join a pooled employer plan, creating an economy of scale that lowers both employer and plan participant cost. It significantly increases the tax credit for new plans from the current cap of $500 to $5,000, and small employers that implement an automatic enrollment feature in their retirement plan design are eligible for an additional $500 credit.

Other key provisions include:

• increasing the auto enrollment safe harbor cap from 10% to 15% of pay;
• simplifying safe harbor 401(k) rules;
• providing portability of lifetime income options;
• allowing long-term part-time workers to participate in 401(k) plans;
• allowing plans adopting by the filing due date to be treated as in effect as of close of year;
• providing a fiduciary safe harbor for selection of lifetime income provider;
• modifying the treatment of custodial accounts on termination of section 403(b) plans;
• requiring disclosures regarding lifetime income; and
• modifying the nondiscrimination rules to protect longer service participants; and
• disaster-related plan withdrawals.

The law also includes a few provisions that are designed to raise federal revenue. Among those are increasing the penalties for late filing of retirement plan returns and notices. Its expected billions will be raised in taxes for the federal government by elimination of the stretch provision and new penalties.

Some changes took effect on January 1, 2020, others have later dates for compliance.

Planning opportunities still exist by using Roths in conjunction with a gifting plan.  A Roth IRA is an individual retirement plan that is funded with after-tax dollars. No deduction under IRC § 219 for a contribution to a Roth IRA is available. [ See IRC § 408A(c)(1)]. Any qualified distribution from a Roth IRA is not includible in gross income [ IRC § 408A(d)(1)]. A qualified distribution from a Roth IRA must be made on or after the date the Roth IRA owner reaches the age of 59 ¹/₂, to a beneficiary (or to the estate of the Roth IRA owner) on or after the death of the IRA owner, or is attributable to the individual’s being disabled or is a “qualified special purpose” distribution.

Since the anti-deferral provisions of the SECURE Act applies to IRA owners (and qualified retirement plan account holders) who have not yet begun taking a required minimum distribution, if the account owner is eligible to begin taking required minimum distributions, he or she might want to consider doing so.  Additional planning, such as lifetime gifting and/or the purchase of a life insurance policy funded with the required minimum distributions, may be appropriate, and consideration should be given to the use of irrevocable life insurance trusts and charitable remainder trusts.  Other Medicaid crisis and non-crisis estate and elder planning strategies are suitable for clients with IRAs.

Spouses can continue to be named as IRA beneficiaries outright or in trust. Particularly when the IRA value is very high or there is a spouse from a second (or subsequent) marriage, the use of either an IRA trust or a hand-crafted document with qualified retirement trust provisions could still be considered.

Again a trust for a disabled or chronically ill person will still qualify for the stretch under the SECURE Act, but the trust can’t have any current beneficiaries who aren’t disabled or chronically ill.  Other trusts being funded with traditional IRAs should be reviewed with qualified professionals.

DISCLAIMER    The information given in this article is of a general nature and does not create an attorney-client relationship.  You should always consult with an attorney regarding the specific facts of your situation.  January 2020

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

1. Buy enough life insurance. A parent is irreplaceable. However, someone will have to fill in. It may be siblings or other relatives. In all likelihood, that family will have to pay for at least some services the parent or parents had provided when able. If the estate is not large enough for this purpose, it can be made large enough through life insurance proceeds. Premiums for second- to-die insurance (which pays off only when the second of two parents passes away) can be surprisingly low.

2. Set up a trust. Any funds left for a disabled child, whether from an estate or the proceeds of a life insurance policy, should be held in trust for his or her benefit. Leaving money for anyone with a disability jeopardizes public benefits. Many people with disabilities cannot manage funds— especially large amounts. Some families disinherit disabled children, relying on their siblings to care for them. This approach is fraught with potential problems. Siblings can be sued, get divorced, disagree on their responsibilities, or run off with the funds. It can also cause tax problems for siblings. The best approach is a trust fund set aside for the disabled child.

3. Will/appointment of guardian. While a will and the appointment of a guardian is important for anyone with minor children, it is doubly so if the child is disabled. Finding the right guardian can be difficult. In some cases, the care needs of the child may be so demanding that he or she will need a different guardian from his or her siblings. The parents need to make these determinations while they can. The will is the vehicle for the appointment of a guardian.

4. Care plan. All parents caring for disabled children are advised to write down what any successor caregiver would need to know about the child and what the parent’s wishes are for his or her care. Should the child be in a group home, live with a parent, be on his or her own? Usually, the parent knows best, but needs to pass on the information. The memo or letter can be kept in the attorney’s files with the parent’s estate plan.

5. Coordination with other family members. A well-meaning relative who leaves money directly to the child with a disability can sabotage even a carefully developed plan. If a trust is created for the benefit of the child, grandparents and other family members should be told about it so that they can direct any bequest what they may like to leave to that child through the trust. An adult child may also require a guardian when the parent can no longer serve in this role (whether officially appointed or not). It will probably not be legally possible to officially appoint a successor guardian. So, it may make sense to begin making the transition to a new guardian while the parent is able to assist in the process. This can be in the form of a co-guardianship, or passing the baton to a successor guardian.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

The Homestead Exemption provides tax relief to South Carolinians who are age sixty-five or older, blind, or disabled.

In order to qualify you must:

1. You must be a co-tenant, have a joint with rights of survivorship interest, or a life estate in your primary residence

2. As of December 31 of the preceding tax year of the exemption, you must be

a. 65 years or older; or

b. Certified totally and permanently disabled by a state or federal agency having authority to make such determination; or

c. Legally blind as certified by a licensed ophthalmologist registered with the South Carolina Commission for the Blind;

3. And you must be a legal resident of South Carolina for at least one year prior to the first year you are claiming an exemption.

Where to Apply:

You apply for the Homestead Exemption at your County Auditor’s Office.

What documents do you will need to take to the County Auditor’s Office:

1. If you are applying due to your age, bring your birth certificate, Medicaid or Medicare card, or Driver’s license.

2. If you are applying due to disability bring the certification letter from a state or federal agency that determined you are disabled. This could be a SSA decision, VA decision, Medicaid or other DHHS letter.

3. If you are applying due to blindness bring certification from an ophthalmologist registered with the South Carolina Commission for the Blind.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

BACKLOGS

As many of our clients know, there are tremendous backlogs on Social Security and SSI claims such that a disability appeal at the administrative law judge level can take up to 2.5 years before it is heard. The current average in the Columbia, South Carolina ODAR office is 550 working days after it reaches the administrative law judge level. Considering the initial and reconsideration levels take an average of 6 months that is 3 years from when one applies for benefits to when benefits are awarded. Therefore, we encourage clients to utilize unemployment benefits while they build their medical documentation of any alleged impairments and consider vocational rehabilitation services before applying for Social Security Disability.

NEW COMPASIONATE SERVICE ALLOWANCES

On Feb 10, 2010 the SSA approved 38 new medical conditions that qualify for Compassionate Allowances, which means Americans with these rare and devastating disabilities can now be approved in weeks, not months or years. The list includes early onset Alzheimer’s and rare diseases that primarily affect children. For the complete list go to www.socialsecurity.gov/compannsionateallowances.

LISTING CHANGES

The SSA is proposing the elimination of the listings for diabetes and thyroid disorders due to earlier detection, better management techniques and effective treatments. In the past the SSA eliminated obesity and attention deficit disorder as Listings and dramatically changed the Listing for heart conditions. Regulations for alcohol and drug related conditions are expected to be clarified in the near future with more restrictive criteria put in place. And there is discussion of adding the effects of ongoing tobacco use.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

The Social Security Administration (hereinafter SSA) considers income and disability as two separate eligibility factors for childhood Supplemental Security Income (hereinafter SSI) benefits.

SSI is a means-tested program that provides cash assistance and Medicaid coverage to certain aged, blind and disabled persons. All recipients, regardless of age, must meet financial tests. Assets, such as bank accounts, the cash value of whole life insurance, bonds, a second house or car are considered. A house, one car, household goods, and burial spaces, are exempt. Income, both earned and unearned of parents or essential persons, such as an aunt or grandparent that lives with and cares for the child, are deemed to the disabled child. In-kind support, such as a grandparent providing free housing or purchasing food can affect benefits. This is why children under 18 seldom receive SSI unless the parents are lower income.

SSA has created Listings of Impairments that a child must meet in order to be determined disabled. The childhood Listings are medical conditions that the SSA have determined to be severe enough to disable a child. Examples of Listings are Down Syndrome, Cerebral Palsy, and Autism. These are called Listings because there is a list of symptoms that must be present in order to be determined disabled. If you do not meet one of the Listings a child may “functionally” equal a Listing, by having marked to extreme limitations in two or more of the following (1) Acquiring and using information, (2) Attending and completing tasks, (3) Interacting and relating with others, (4) Moving about and manipulating objects, (5) Caring for self, and (6) Health and physical wellbeing. For more information visit www.socialsecurity.gov to see a copy of SSA Publication 05-10026—Benefits for Children with Disabilities.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

What can I do to ensure he is protected today, tomorrow and beyond my life?

Today you can love him and reach out to his parents to let them know they have your full support. One in 88 children born in the US or 1 in 54 boys has an autism spectrum disorder or ASD. i These children have special needs, but also have a wide range of abilities. At first and along the way these needs can be quite overwhelming. ii Dramatic improvement can come with early intensive behavior intervention. Therapy and intervention later in life can further decrease symptoms.

I remember shortly after our second grandson was born, his older brother was diagnosed at age four. Our daughter immediately announced they were moving back to South Carolina because they needed help – more hands, understanding hearts, and sincere emotional support. Unaccepted at preschool and then kindergarten our daughter and son-in-law started to home school their son. Loud noises and crying babies would set off the holding of ears and a tantrum, so they avoided public places and tried to always have someone ready to hold the baby. Eventually our grandson was able to attend public school with an adult shadow, but his parents were called almost daily over some behavior incident, many that required sensitive discipline and special in school training. But I want you to know our grandson has a unique perspective on the world and we have laughed far more than we wanted to cry. One year I gave my grandson a John Deere video. Like many high functioning ASD children he obsessed over objects, but quickly learned and had an amazing recall of minute details. One day he wandered away from his mother when she was at Lowes. Knowing of his inability to interact with strangers, she was relieved to find him caressing a green riding lawn mower and reciting the model numbers and details of the antique tractors he had memorized from the video as several elderly gentlemen nodded approvingly nearby. After some moments he signed, placed his head lovingly on the hood and said, “a John Deere.” You will still have treasured moments and successes to celebrate.

Today our grandson is doing well in school and is even able to ride the school bus, sing in his church choir, perform small roles in plays and run distance races with his dad. Along the way we’ve helped with care, transportation, backup, being a sounding board and sometimes money. Like most grandparents of ASD children, our family is undoubtedly closer and more caring because this grandson required all our efforts and so deeply touched our hearts.

While all parents should designate guardians for their children in a will, this is especially important for parents of special needs children. A gift card for legal services may be unusual, but a sensitive and wise birthday present for your child. Additionally, parents need to create a written plan to pass on key information to an alternate caregiver in the event of the parent’s disability, incapacity or untimely death.

Most ASD children would benefit greatly by a grandparent creating a special needs trust to ensure the child’s future. A trust can be created now and funded with an annual gift tax exclusion, currently up to $14,000 per year could be gifted with no tax implications. If your income and assets are more modest, a special needs trust can be created in a will and funded with life insurance. Leaving monies in a will without a trust could jeopardize the ASD child’s public benefits and some adults with special needs are not able to manage funds or would be easy prey to the dishonest. The old idea of just leaving the special needs child’s share outright to a sibling is fraught with problems because siblings can get divorced, get sued, misuse the funds, become incompetent, or simply fail to carry out their responsibilities. A well-meaning relative can sabotage a well-crafted legal plan so be sure to let your family know of your trust so they can coordinate donations or bequeaths into the trust.

Take a deep breath and know your life will be different because of this grandson. Both your life and his will be meaningful and rich as you embrace his unique journey. And thank you for reminding me to tell my readers about WADD, World Autism Disorder Day on April 2 nd. There are wonderful resources online and support groups to help your family.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

i Autism Speaks website 3/13/2013.
ii Id. Go online to access the free 100 day Autism Kit or the Asperger Syndrome and High Functioning Autism Kit or call 1-888- AUTISM2 (888-288-4762) to have a hard copy shipped for pick up to a local FedEx.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.

Here are 10 tips that can help anyone applying for disability.

1. Know which SSA disability program(s) you qualify for. Have you worked enough quarters to draw off your own earning record? (DIB) But even if you haven’t worked enough quarters or it’s been more than five years since you last worked, you might qualify for Supplemental Security Income, essentially a welfare program for low asset, low income disabled persons. (SSI) You might also qualify for widow or widower benefits. (DIW) Your local SSA office can tell you what programs you might qualify for when you apply. You can also apply for disability online by going to SSA.gov/disability.

2. You have to be totally, permanently disabled not just temporarily out of work. In order to be found disabled you have to have a physical or mental condition or combination of impairments that are severe enough to keep you from substantial gainful employment at any job you might be qualified to do for at least 12 consecutive months or longer or your condition is expected to end in death. Your age should be a favorable factor in the determination of disability.

3. There may be offsets to your disability benefits, if you are receiving worker compensation, settlement from a related personal injury suit, or working part-time. Working part-time can affect the outcome of your case. You may have to repay benefits received under a private disability insurance policy

4. There’s another program for that. The government is sorry you have limitations or were injured, but the medical determination of disability is not about:

the current job market.
the lower pay you’d receive doing some other kind of work you are still capable of performing fulltime, even if you are certain it won’t support your family.
your lack of reliable transportation to get to where a job might be,
your lack of funds for job retraining,
your lack of medical insurance,
your family situation.

In short the Social Security Administration doesn’t owe you a job, training or another chance, but there might be other state or federal programs that can help you like SC Vocational Rehabilitation, food stamps, the employment office, a college or tech school career counselor and student loans, settlement funds from workers compensation or a personal injury claim. Additionally, see if your extended family can help out financially or your church has any programs that can help you with medical bills, medicine, utilities, food, clothing, furniture, one time housing needs etc.

5. You have to prove your claim. Most doctors don’t keep their medical records with Social Security requirements in mind and don’t always record what they orally tell you about lifting and walking limitations. Talk with your doctor about whether he/she thinks you are disabled and be sure your doctor puts any limitations in your record and/or writes you a separate letter explaining your diagnoses, limitations, and why he thinks you can’t work fulltime. Also if you believe your depression is severe, then you should seek professional mental health counseling in addition to medication from your family doctor.

6. You must follow prescribed treatment or have a very good reason why you can’t. Lack of medical insurance is a good reason. Not filing a prescription that controls your mood swings, diabetes, seizures, blood pressure, seasonal allergies, and mild pain so you can work is not a good reason.

7. Your behavior in regards to use of illegal and prescription drugs, excessive drinking and smoking can affect your claim for disability. Alcoholism or drug addiction cannot be a contributing factor to your disability. Clearly degenerative disc disease is not caused by drugs or alcohol so you could still qualify for disability despite your use of alcohol. However, drugs and alcohol could affect your reports of pain and depression. You would be wise to enter a treatment program and demonstrate you are making a sincere effort to get better by stopping those activities that contribute to your poor health.

8. Keep copies of everything you submit and keep good records. It’s not unusual for something to get lost in the mail or misplaced at a SS office that literally has hundreds of thousands of claimant matters to deal with. Keep a copy for yourself. Get business cards from all doctors you see and keep a calendar showing the dates of your appointments and tests. Keep a medical journal to document your bad days and who was with you when that last panic attack hit, you had a seizure, and note how long your migraine lasted etc. Correct any errors you are aware of in your medical records.

9. Don’t exaggerate your symptoms. We all have a tendency to focus on our problems and pain level. You don’t want to call into question your credibility so it’s very important to accurately describe to your doctors and vocational persons your symptoms and the frequency with which you experience pain or a periodic condition. Nothing will hurt your chances for disability faster than having your credibility questioned.

10. Seek legal help if you are denied. The initial review for disability takes about 90 days. You generally do not need professional help at this level as the SSA will obtain your medical records for you and send you for a medical or physiological evaluation at their expenses, if they think it is necessary.

If you are denied, then seek legal help. The appeals process is long (approximately 120 days at the reconsideration level and 337 work days at the hearing level in Augusta, GA and 406 work days in Columbia, SC), therefore few people can afford to just wait and see, unless they have no choice because they are truly totally and permanently disabled. If your claim lacks sufficient merit a legal professional should explain why and direct you to other community resources. Additionally, your chances of winning go up dramatically if you have competent legal representation helping you gather evidence, preparing you for the hearing and arguing the legal, medical and vocational merits of your claim.

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

WRITTEN BY LINDA KNAPP

You may reprint this article with my permission by showing the Firm’s name and attaching my contact information. If you wish to cite the article you must give full credit to the author, Attorney Linda Farron Knapp. Nothing in this article creates an attorney-client relationship. When the article was written it was good law, that may not be situation at the time of reprint. We advise you seek competent legal advise based on your own factual situation before relying or acting on any legal material you read online.