Alan E. DeWoskin, P.C.St. Louis MO Lawyer | Divorce, Social Security Disability2024-02-26T10:16:53Zhttps://www.dewoskinlaw.com/feed/atom/WordPressOn Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=482722024-02-21T10:17:21Z2024-02-26T10:16:53ZEligibility
Updating the SSA about life changes helps you maintain eligibility for SSD benefits and other benefits, such as SSI. The SSA evaluates individuals' eligibility based on various factors, including income, work activity and disability status. Common changes to report include these:
Income
Resources (including bank accounts and vehicles)
Employment
Address or persons moving in or out of the household
Marital status
Failing to report changes promptly could result in individuals receiving benefits they are no longer eligible for, leading to potential penalties or loss of benefits in the future.
Overpayments
Failure to report changes in income or other circumstances can lead to overpayments of SSD benefits. Overpayments occur when individuals receive more benefits than they should due to inaccurate information provided. By promptly reporting changes, individuals can prevent overpayments and avoid potential financial hardship by having to repay the SSA.
Legal consequences
The SSA expects beneficiaries to report changes accurately and in a timely manner. Intentionally withholding information or providing false information to the SSA can result in legal action, including fines or even criminal charges.
Additional support services
Reporting life changes to the SSA can also connect individuals with additional support services they may be eligible for. Certain life changes, such as changes in household composition or financial situation, may qualify individuals for supplementary assistance programs.
By promptly updating the SSA about changes in circumstances, individuals can ensure they receive the appropriate benefits and avoid potential legal and financial consequences.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=482712023-12-22T08:30:14Z2023-12-27T08:29:28ZThe 5-year rule vs. the general rule
SSD benefits come with a mandatory 5-month waiting period, ensuring that individuals establish a period of disability. However, the 5-year rule introduces a valuable exception for those who reapply for benefits within five years of their last approval. This exemption holds the potential to eliminate the waiting period, expediting access to the much-needed assistance.
How the 5-year rule works
The 5-year rule may come into play when an individual received benefits and then recovered enough to no longer qualify for them but later experienced a recurrence of the disabling condition. If the recurrence occurred within five years of the initial approval, the 5-year rule applies. It will waive the need for a new application and allow for a more immediate onset of benefits.
This provision acknowledges the unique challenges faced by individuals dealing with recurring or chronic disabilities. It aims to streamline the process and offer swifter financial relief during periods of reapplication.
It is important to note that the 5-year rule does not alter the broader eligibility criteria for SSD benefits. This rule is only to help individuals who have previously received benefits to navigate the application process more effectively and access the assistance they need without unnecessary delays.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=482702023-10-31T05:41:57Z2023-11-03T05:41:12ZChild support basics for military parents
With a divorce rate of 4.8%, military members need to understand child support requirements. Both parents are financially responsible for their child's well-being. Factors like each parent's income, the child's needs and the parenting time division determine child support amounts.
In Missouri, child support generally continues until the child reaches the age of 18 or graduates from high school, whichever comes later. However, this rule may vary for military parents due to unique circumstances.
Active duty military service
When one or both parents are on active duty in the military, child support does not automatically end at age 18. It may extend till age 21 in some cases, for instance, if the child attends college or a vocational school.
Child support may continue if the child has special needs or if both parents agree to extend the support agreement.
Military parents may request modifications to their child support orders if their circumstances change due to deployment, relocation or other military-related factors.
Federal regulations for military members
The U.S. military expects its members to support their children financially even if no court order for child support exists. Failure to comply with child support requirements can lead to serious consequences, including disciplinary actions and potential harm to one's military career.
Federal child support regulations for military members generally align with state laws and do not establish a separate age limit for when child support ends. Military members must adhere to both federal and state laws, as they can intersect and influence each other.
Ways to ensure compliance
Maintaining open communication with the custodial parent, following court orders and requesting modifications to child support orders due to military-related circumstances are all good ways for military parents to ensure they follow federal and state child support regulations.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=482682023-08-25T06:32:20Z2023-08-30T06:32:04ZWhat types of guardianship should military members consider?
There are a couple of different types of guardianship that apply for military members: in loco parents, guardianship of the person and guardianship of the estate.
Guardianship in loco parentis (in place of the parent) is important for your minor children. Name someone you trust to take care of your children in the event of deployment, injury or incapacitation. Name a secondary guardian in case of any complications.
Guardianship of the person involves making decisions about your personal care, including medical decisions, living situations and quality of life.
Guardianship of the estate addresses guardianship of your financial matters, including management of your assets, ensuring your financial security and providing for your children from your estate funds.
How do you choose a guardian?
Choosing someone for a guardianship role is a big decision. When it comes to your children, choose someone you trust who shares your values and can give them a loving home. For your personal guardianship, consider someone who understands your wishes and will follow any advance directive you establish. Discuss your intentions with any planned guardian ahead of time. Make sure they will take the role willingly and comfortably.
Military deployments can last anywhere from a few months to more than a year according to the USO. Recognize the risks and ensure adequate precautions with appointed guardians for you and your children.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=482672023-06-28T08:38:47Z2023-07-03T08:38:32ZProtection through anti-retaliation laws
Employees have every right to file for workers' compensation after job-related harm. Employment laws restrict employers from retaliating against employees for these claims.
For example, Section 287.780 of Missouri's statutes declares that an employer or agent may not discriminate against a worker for exercising rights for workers' compensation. If an employer brings any repercussions against an employee for reporting an injury or filing a claim, the individual can bring civil action against the company.
In Illinois, similar laws exist. Further, employers cannot discriminate against employees who acquire a disability that results from a workplace accident as long as the individual still qualifies to do the same assignment.
When an employer may fire an employee with a workers' comp claim
Protections for employees who file workers' comp claims do not mean businesses cannot terminate the injured employee at all. If the injured person cannot fulfill their duties after the injury, the employer might be able to release the worker if no reasonable accommodations are possible. Post-injury misconduct, general layoffs or a history of poor performance could also give the company grounds to fire the injured worker.
Proving that a firing was an act of retaliation can be challenging. The plaintiff must prepare to gather substantial evidence that the defendant's legal team is unlikely to refute.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=481602023-05-04T04:37:09Z2023-05-10T04:36:39Zinjuries sustained at the time of the collision, which can include broken bones, traumatic brain injuries and more. Paying to have those injuries treated is a major concern for many people.
How do you know who pays for medical expenses after a car crash in Missouri?
By determining the party at fault
In Missouri, the driver who caused the accident is the one who generally has to pay for the medical expenses of the other party. However, it is important to keep in mind that you may still be responsible for paying your medical bills until a third party determines who ultimately caused the accident. There are several parties who may make this claim, including insurance companies as well as judges in a court of law.
Other items to note
After someone determines who is at fault for the motor vehicle accident, you might wonder how much you will have to pay out or how much you will receive as a result of the accident. One of the main determining factors for this is the extent of both parties' injuries sustained during the crash. Injuries can include physical injuries as well as psychological conditions resulting from the accident, for example, post-traumatic stress disorder.
When you know who will likely pay for medical expenses after a car accident, you have one less thing to worry about after going through that stressful experience.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=481592023-03-03T05:55:20Z2023-03-09T05:51:37ZHow does the SSA define compassionate allowances?
The Social Security Administration explains that compassionate allowances are a means of identifying medical conditions that clearly meet the standards for Social Security disability benefits. The compassionate allowance system helps the SSA reduce the waiting time for applicants with the most serious disabilities. In this way, the people with the greatest need for financial support have easier access to the help they deserve.
How do you know if you qualify for a compassionate allowance?
The SSA provides a complete list of conditions that qualify for a compassionate allowance. This list includes various cancers, brain disorders and even certain rare conditions that affect children. You can make the SSA aware of your eligibility for a compassionate allowance by including evidence of your qualifying condition, such as a diagnosis from a medical professional, when submitting your SSDI application.
Receiving SSDI benefits might be your only solution for maintaining a comfortable quality of life when you are living with a disability. If you believe that you qualify for a compassionate allowance despite denial from the SSA, you may have the right to pursue legal action to secure the benefits that are rightfully yours.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=481582022-12-30T15:34:33Z2023-01-04T15:31:52ZRequest a reconsideration
The first and simplest step is to request that the Social Security Administration reconsider your application. They will look over it again, but typically they respond with the same decision. In that case, you can move on to the next step in the appeal process.
Ask for a hearing
If you receive a second denial, you have the right to request a hearing before a judge where you can testify and provide expert witnesses, such as healthcare professionals, to testify on your behalf.
Request for a review
Should the first judge deny your claim, you can request that another judge review the case and the previous judge's decision. The second judge is at the appeals council.
Sue the SSA in federal court
Should the second judge also deny your claim, your final option is to sue the SSA in federal court. You have 65 days from the date of the final decision for the second judge of the appeals council to file your civil lawsuit. This process requires a fee. However, you can request a waiver if you can prove you cannot afford it. You may need the help of an attorney to draft your summons explaining your complaint against the SSA.
If all your attempts fail, you can also try filing another application.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=481562022-11-14T08:14:00Z2022-11-17T08:13:10ZEffects of deployment
According to Missouri statutes 452.413(3), deployment or the potential for deployment will not be the primary factor for permanently modifying a visitation or custody order. However, temporary modifications may occur. This temporary modification will provide that the deployed parent receives custody or visitation of the child during a leave, so long as it is in the child’s best interests.
Effects of relocating
Gaining primary or sole custody when relocating is difficult but not impossible. You must demonstrate how moving will benefit the child more than staying with the other parent. Sometimes the court will arrange for the child to visit the other parent during summer or other holidays. You may be able to have the child stay with you on a military base, but it is more common for the other parent to have primary custody during active service.
It may seem like the other parent has the advantage regarding custody arrangements. However, active-duty status does not prevent you from gaining at least partial custody. The state does not discriminate against servicemembers when it comes to parenting time. Still, the court will always put the child’s needs first, and the reality of serving affects the arrangement.]]>On Behalf of Alan E. DeWoskin, P.C.https://www.dewoskinlaw.com/?p=481542022-10-28T18:15:40Z2022-11-01T18:12:18ZYou and your spouse may reside in different states.
Because military service often takes servicemembers away from their spouse for long periods, you and your spouse may have established legal residence in two different states. As a result, you may be able to file in either state.
Your access to benefits may depend on the length of your marriage and the duration of military service.
The Uniformed Services Former Spouse Protection Act (USFSPA) allows state courts to divide military servicemembers’ pay, including their retirement pension, during the divorce process. However, not every spouse can receive their share of those retirement benefits directly from the government. Only former spouses married to a servicemember for at least ten years and whose marriage overlapped with at least ten years of military service can receive their portion of that retired pay directly.
Ex-spouses of servicemembers may also have access to other benefits after divorce. However, the availability of these benefits depends on the duration of their marriage and the length of their former spouse’s service. Under the USFSPA, for example, former spouses may remain eligible for TRICARE health care benefits after their divorce as long as they meet specific requirements.
You may need to consider additional details in your parenting plan.
Because of their career path, active servicemembers may need to relocate or find themselves deployed on relatively short notice. If they share custody of their child, it can be difficult for them to uphold their responsibilities under their existing parenting plan.
Parents going through a military divorce may want to include additional details in their plan so that the serving parent can maintain their connection with their child while also serving their country. Parents, for example, may want to create a plan for virtual visitation using video chat, phone calls or other technology during deployment.
Military divorces often involve additional complexity. However, with the proper guidance and legal strategy, service members and their former spouses can support their best interests during the divorce process.]]>