People with disabilities are challenged with both overcoming barriers and with convincing others that those barriers do not define them. That’s why we wanted to mark this October’s National Disability Employment Awareness Month by reminding you that Social Security is an earned benefit for millions of disabled individuals, and we can assist them in going back to work.  The Social Security disability insurance program, or SSDI, is perhaps the most misunderstood program of Social Security. Some people may think that SSDI recipients have never worked and are taking advantage of the system by receiving money for minor impairments. Nothing could be further from the truth. First, anyone who qualifies for SSDI must have worked enough to pay into the system and be “insured.” Second, Social Security has some of the strictest requirements in the world for disability benefits. To qualify, a person must not only have an impairment that will last one year or more, or result in death, but they must be unable to perform any substantial work. Consequently, Social Security disability beneficiaries are some of the most severely impaired people in the country, and they greatly depend on their benefits. You can learn more by visiting the Faces and Facts website at socialsecurity.gov/disabilityfacts. At the website, you will find many personal stories of those who have benefitted from Social Security when they needed it most. We also have incentives that give beneficiaries with disabilities — who are able — the opportunity to return to work. These work incentives include continued cash benefits for a period of time while you work, continued Medicare or Medicaid coverage, and help with education, training and rehabilitation to start a new line of work. In some cases, we may even be able to deduct certain impairment-related work expenses from your countable income, making it possible to earn more and also remain eligible to receive benefits. Examples of these expenses are wheelchairs, transportation costs, and specialized equipment needed for work. Social Security also offers the Ticket to Work program, which gives participants a “ticket” to go back to work while keeping their disability benefits. This program is free and voluntary. Ticket to Work gives access to an employment network, which offers assistance with job searches and placement, and vocational rehabilitation and training. Those who enroll find the Ticket to Work program makes it easier to explore whether going back to work is right for them. Some even find that they are able to eventually get back to work and earn far more than the disability payments they once received. Visit socialsecurity.gov/work for more information on the Ticket to Work program and work incentives. Or call 866-968-7842 (TDD 866-833-2967). Article Source: By Brian Hewitt Special to the Tribune-Star Posted: Saturday, October 24, 2015 6:00 pm ...read more

                Pressure is growing among advocacy groups to revise a military divorce law that can grant ex-spouses of U.S. warriors up to half of their retirement pay right up to death. Several states are moving to no longer award lifetime alimony or exempt a portion of their own retirement funds from division. As such military members are objecting to a federal law that allows for what amounts to lifetime alimony that does not stop even if the former spouse remarries or goes on to a more successful career. The 1982 Uniformed Services Former Spouses Protection Act (USFSPA) provides states with the authority to treat non-disability military retirement pay as property and can divide it by up to 50 percent when married couples separate. Opponents of the law say they shouldn’t be automatically forced to forfeit to their ex-spouse in perpetuity a sizeable amount of their retirement benefits earned over a 20-year career serving in harm’s way. They say their retirement pay is not only compensation for the rigors of military service, but for their continuing obligations to their country. Military retirement is not a full retirement, they point out, but a reserve status that amounts to less pay for fewer services. They note that few other federal employees are subject to the military’s laws related to divorce, not even the members of Congress who wrote and passed the bill. “We just don’t think the military should have special rules against it that don’t apply to others,” Larry White, national director of the USFSPA Liberation Support Group based in San Antonio, Texas, tells Newsmax. Supporters of the law feel entitled to a share of the benefits because they have contributed significantly to the partnership, sacrificing some of their most productive years to frequently relocate and support their spouse’s advancement. “A lot of people, civilian and military, feel they have been treated unfairly in the divorce process. That’s not new,” Diane Mazur, a law professor with the University of Florida, tells Newsmax. “The military angle puts a different spin on things because both sides have an extra reason to think they've been wronged, or an extra reason to think they deserve special treatment. “The military member: ‘I put my life on the line, so that money is mine.’ The spouse: ‘I gave my life to the military too, sometimes under difficult circumstances, and so I've earned part of that pension. It's not fair for me to have to start out with nothing.’ Latest News Update Get Newsmax TV At Home » Get Newsmax TV 24/7× More Cable Systems » Watch Online » Watch Online » Special:New Probiotic Fat Burner Takes GNC by Storm “A military pension attracts a lot of attention because usually that will be the asset of greatest value, by far,” Mazur said. Congress passed the USFSPA in 1982 to reverse a 1981 Supreme Court decision that upheld a ban on dividing military retirement pay in divorce settlements, as has been traditionally allowed with civilian defined benefit plans such as 401ks or IRAs. Under the law, the spouse of an officer who was married during the entire 20 years of service would be entitled to half those benefits. If the marriage overlapped the time of service by 10 years, the spouse would be entitled to a share of the benefits accrued over those 10 years. Frustrating opponents is that there no minimum time limit of time for a couple to be married before a spouse qualifies for a portion of the benefits. Critics of the law concede that it has historically been necessary. Advancing a spouse’s military career left them to almost single-handedly raise their children, look after the house, attend events and participate in any number of social obligations. Once the marriage ended, they were left with no education or skills that would enable them to immediately rejoin the workforce. However, in recent years they are able to earn degrees while married to a service member, work full- or part-time jobs to contribute to their own retirement and create a life of their own outside of their marriage. “The current retirement system has been around since the 1940s, but the world has changed dramatically since the 1940s," Military Officers Association of America Deputy Director of Government Relations Phil Odom tells Newsmax. Similar to civilian settlements, separating military couples can negotiate any number of arrangements depending upon the state where the settlement is reached, including child custody and visitation, alimony, and the distribution of retirement benefits, says John Carney, a Dallas-based lawyer whose firm represents spouses in military divorce settlements. Spouses can accept a lump sum payment instead of a lifetime of retirement pay benefits. They can negotiate a 401k or IRA in lieu of alimony. They can split custody of their children in exchange for a combination of concessions. Military retirement pay is often distributed according to a formula, but there is a no requirement. Carney said that’s why it’s important to identify lawyers who can navigate between the “awkward combination between state and federal law.” “As far as divorce, as long as the parties agree to something, that’s what it’s going to be,” he tells Newsmax. “You’re always welcome to go to court and try to prove your case. But there is a reality, and it is my job to help them determine what that reality is.” © 2015 Newsmax. All rights reserved. Article Source:David Yonkman, Newsmax Washington Correspondent   |  Monday, 18 Feb 2013 02:20 PM ...read more

Tribune News Service Published in print: Sunday, October 18, 2015) Q: If I getSocial Security Disability benefits and I reach full retirement age, will I then receive retirement benefits? A: Social Security disability benefits automatically change to retirement benefits when disability beneficiaries reach full retirement age. In most cases, the payment amount does not change. The law does not allow a person to receive both retirement and disability benefits simultaneously on one earnings record. To learn more about Social Security, visit our website atwww.socialsecurity.gov. Q: What are Compassionate Allowances? A: Compassionate Allowances are Social Security’s way of quickly identifying severe diseases and other medical conditions that qualify a person for disability benefits without waiting a long time. Compassionate Allowances permit Social Security to target the most obviously disabled individuals for allowances and faster payment of benefits based on objective medical information that can be obtained quickly. Compassionate Allowances are not separate from the Social Security Disability Insurance or Supplemental Security Income programs. Find out more atwww.socialsecurity.gov/compassionateallowances. For help with your application for Social Security Disability benefits, call 803-929-0577 . ...read more

File this under you learn something new every day. Credit goes to Jim Blankenship, afinancial plannerwho has a very informative financial blog. Jim somehow discovered deep in the bowels of the Social Security Program Operating Manual System (POMS) that you can get remarried and continue to collect a divorcee spousal benefit, provided you marry someone who is also collecting benefits based on the work record of his or her deceased spouse or of a living or dead ex-spouse (to whom one was married for a decade or more). Here’s theprovision. If you can benefit from this provision, take it with you to the Social Security office, because they surely will say you’re nuts. RS 00202.045 Remarriage of a Divorced Spouse – Policy: The marriage of a divorced spouse will terminate entitlement to such benefits unless the marriage is to an individual entitled to widow(er)’s, mother’s, father’s, CDB, divorced spouse’s, or parents benefits. Gay women, listen up. This may be of particular importance to you! Women still earn less than men on average in the U.S. Considering that fact, changing attitudes towards homosexuality and the legalization of same-sex marriage, there may be millions of older gay female couples who were previously married to men and who are holding off getting married from fear that they will lose their divorcee benefits. But if both partners are in this boat, this provision means that they can get married and not lose anything. Furthermore, if they haven’t yet filed for their own retirement benefits, they can wait to do that until age 70 when their retirement benefit starts at its highest value. At that point, they will collect what they were collecting from their ex or their own retirement benefit — whichever is larger. When your ex dies, you may get a larger Social Security check Prior to learning about this provision, I thought that marriage eliminated the ability to collect divorcee spousal benefits. But if you marry someone else who is collecting off of a dead spouse or a living or dead ex-spouse, you can get around these rules. Moreover, if you hitch up in this manner and are taking divorcee spousal benefits, you not only get to keep them, you also get to graduate to even higher divorcee widow(er) benefits when your ex passes away. How married couples can use this rule If you are married, only you or your spouse can collect full spousal benefits starting at full retirement age and then let their own retirement benefit grow until 70. But if you get divorced after 10 years of marriage, both of you can — starting at your full retirement ages — collect full divorcee spousal benefits on your exs’ work records. I’ve been suggesting, half in jest, that married couples consider getting divorced before reaching full retirement age so they can both collect full divorcee spousal benefits. But this provision suggests that they could get divorced (at least two years before the oldest of you reaches full retirement age), start collecting their full divorcee spousal benefits, and then get remarried immediately and continue to collect full spousal benefits off of each other’s work record. Anonymous: I applied for and am now receiving my retirement benefits at age 62. I was married to my second husband at the time. We then separated, and I am now divorced. I spoke to a Social Security representative, Bernice, prior to receiving my first check at which time she told me what my benefit amount would be. During our chat, I had told her that I was married previously, but my first husband was killed in car accident at age 30, and we had no children. She researched and indicated that if one was divorced from her second husband, one could collect on the first husband, and my benefit would increase by approximately $400 per month. I was not divorced from my second husband then, but I am now as of December of 2014. I spoke with another Social Security representative, Troy, back in December 2014 and was told that my first husband did not make enough before he died and that the other Social Security representative gave me the wrong information! What should I do? Larry Kotlikoff: Very sorry that you have had this terrible run around with Social Security. I hope you didn’t get divorced on their advice that it would help you financially, only to find out that the original person you spoke with was wrong. But it may be that the second person you spoke with was wrong too. What I tell everyone is not to ask Social Security what they will give you, but to do your own homework and then tell them what they owe you. There is now extremely precise and inexpensive commercial Social Security software, which can be used to calculate what your widow’s benefit is based on your first husband’s work record. Social Security is under no obligation to provide you information about your first husband’s work record. They are, however, obligated to provide you with his so-called Primary Insurance Amount. Assuming they have this Primary Insurance Amount correct, which is an important question in itself, the first Social Security representative may have told you about your full divorcee widow’s benefit, not the excess divorcee widow’s benefit. Once you start taking your own retirement benefit, Social Security will only give you a widow’s benefit equal to the amount by which your widow’s benefit exceeds your own retirement benefit. If this excess widow’s benefit is negative — that is, if your widow’s benefit is less than your retirement benefit — your excess widow’s benefit will be set to zero. The bottom line is that the first Social Security representative may have told you something that was literally true about a benefit — your full widow’s benefit — which you aren’t able to collect. She should have told you about your excess widow’s benefit. If, by chance, you are still within one year of having started taking your retirement benefit, you can withdraw it (but you’ll need to pay back every penny of benefits you received in order to do so). In this case, you can collect just your widow’s benefit and wait until 70 to collect your own retirement benefit (when it will start at a 76 percent higher value, and that’s over and above the system’s adjustment for inflation). Best of luck. Anonymous – Ind.: I live in the state of Indiana and get $1,254 in Social Security Disability. I’m now considering working part-time (20 hours each week). How much am I allowed to make in income each month without decreasing my same Social Security benefits? Larry Kotlikoff: ​The quick answer is that you have just nine trial months over a five year period in which you can earn more than $780 per month before losing any benefits. After you have exceeded the nine trial months, you have 36 months during which you can earn up to $1,090 and not lose any benefits. (These $780 and $1,090 are adjusted annually.) Even after the 36 months are up, your benefits do not end as long as don’t earn more than $1,090 per month. Social Security gives you a break for some work-related expenses. They also let you stay on Medicare for free for 93 months, after which you can pay to remain on Medicare. ThisSocial Security websiteis reasonably clear about these provisions. Cindy – Mukwonago, Wis.: I just became a widow in March of 2015. My husband was 52. He was killed in an industrial accident at his place of employment. I am 57. What is the earliest age I can collect Social Security? Larry Kotlikoff: I’m terribly sorry to hear about your husband’s death. If you are disabled, you can collect reduced widow’s benefits right now, but this reduction will go away when you reach full retirement age if you are also entitled to Social Security disability benefits on your own account when your widow’s benefits start. Otherwise, you can begin taking a reduced widow’s benefit starting at 60. At 70, you can then start collecting your own retirement benefit. If it’s larger than your reduced widow’s benefit, you’ll get the larger amount as your total check. If it’s not, the optimal strategy in your case is to wait until early retirement age (62) and take just your own retirement benefit. At full retirement age, you’d take your unreduced widow’s benefit. There is actually a different full retirement age for widows and for retirement benefits, which could matter a bit in your case. Careful software that includes this difference can help you understand which strategy is best. It can also factor in the earnings test in case you are still working. Brett – Lugoff, S.C.: There is a 10 year age difference between my wife and me (she is older). She is now 69 and took Social Security when she hit full retirement age. My income was higher, so I would expect my Social Security benefits to be roughly 50 percent higher than hers at full retirement age. What is the best strategy to maximize our benefits? Can I file for spousal benefits at full retirement age and wait to take mine at 70? Larry Kotlikoff: ​Your best strategy at this point is to file just for your spousal benefits at FRA (full retirement age) and then take your own retirement benefit at 70. Let your wife know that if you pass away before she does, she’ll be able to collect a higher check in the form of a widow’s benefit based on your work record. Philip – Elkhorn, Wis.: My husband is 68, and I’m 67. After reading your book, “Get What’s Yours,” (excellent!) my husband filed for Social Security and suspended. I then applied for spousal benefits. I was found entitled, and I will get my first spousal check the middle of May, plus I’ve already received a lump sum (back) payment of over $8,000. In addition, I received a booklet regarding Social Security Disability Benefits, and I get e-mails from the USDA regarding nutrition info. Are spousal benefits considered disability payments, or has there been some mistake? I applied in a Social Security office and made it clear that I was applying for spousal benefits, not disability benefits. Do I have a problem? ​Larry Kotlikoff: You might check with them, but disability benefits aren’t granted to anyone beyond full retirement age. So they must have sent you the booklet by mistake. Glad the book helped! Lynette – Astoria, Ill.: I have been receiving my deceased husband’s disability Social Security check (partial amount). My question is this: He was a vet and was in served during Vietnam. I have been told that there are benefits available to me. If I find out where I can learn more about this and receive this, will it affect my Social Security check? I only get $1058 a month and can’t afford to lose any of that. Thank you for your help. Larry Kotlikoff: I am very sorry for your loss, and I know everyone says this, but it’s also very true — I am very grateful for your husband’s service to our country. You can receive the larger amount or your ​own retirement benefit and your husband’s check. Both amounts are adjusted through time for inflation. You should check with Social Security whether your check will be larger if you start collecting your own retirement benefit. It may not be larger now, but could be if you start taking it at age 70. At 70, your retirement benefit is 76 percent larger, after inflation, than it is at age 62. If you are eligible for VA benefits, those would not affect your Social Security check. Article Author and Source:Laurence Kotlikoff ...read more

The process of getting disability can be long and complicated By Jeff Woodburn Is Social Security Disability Insurance (SSDI) a hammock for lazy cheats or an essential government insurance program for workers too physically or mentally impaired to work? Is the near doubling of enrollment over the last decade a result of rapidly changing demographics or an out-of-control bureaucratic program begging for abuse? While the debate rages on, heading for a Congressional showdown on whether major reforms will be adopted or deep cuts to meet the program’s deficit, the facts are clear and daunting.  Eleven million — one out of every 14 people — are receiving Social Security disability benefits.  New Hampshire lawyers say the process of getting disability is long, complicated and increasingly erratic because of two competing trends: a political pushback because of concern about potential abuse and the sheer volume of applications that must be processed. All this means more rejections, appeals and delays. The initial Social Security Disability application process is typically handled without an attorney and takes about three months, but an appeal takes more than a year and is usually handled by an attorney for a contingency fee of no more than $6,000. The classic SSDI applicant, based upon statistics and lawyers’ observations, is a 53-year-old man whose body, after years of physical labor, is breaking down to the point his ability to work is compromised. If he succeeds at obtaining a tax-free monthly benefit, it will be on average $1,146 (maximum of $2,800) and after a two-year period of time, he’ll be eligible for Medicare. Some end up seeking disability because of an injury by way of the Workers’ Compensation system or through private disability income insurance. Many private disability income insurance programs require and guide applicants through the public system and supplement the balance with private insurance payments. "Eleven million — one out of every 14 people — are receiving Social Security disability benefits." Bodies break and break down,” is how Attorney John Ward, a former state lawmaker, who specializes in Social Security Disability cases, summed up what he sees from his offices in Manchester and Littleton: “Overall it’s not easy to prove; it is tougher than it used to be.” Key points 1. Keep good records and document your case. 2. Consult an experienced attorney before you file, rather than risk an appeal. The difference is nearly a year. 3. Don’t beat yourself up.  SSDI is insurance program that workers pay into. “No one thinks twice about filing a claim when their home burns down,” says paralegal Donald Manning. 4. Proving that disability benefits are needed is becoming more difficult. The disability must be severe enough to interfere with basic work. To qualify, an applicant must have worked and paid into the system. The benefit is based upon previous earnings. The requirements include a limited work history (called Work Credits) and a medical condition that meets Social Security Administration’s definition of a disability. The disability must be severe enough to interfere with basic work or, according to SSA, not allow an individual “to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment.”  “It must be comprehensive injury — progressive and chronic,” Ward says. And it must be based in fact. “Ultimately it comes down to medical evidence,” says Donald Manning, a paralegal with a Manchester law firm. So a diagnosis, like Parkinson’s disease or blindness, is pretty easy to prove, but then it must be linked to how it impacts your ability to perform specific tasks associated with your existing job or an entirely new one. “It’s like peeling an onion,” says Michael Shklar, a Newport attorney. He asks potential clients rhetorically: “Can you be a greeter at Wal-Mart? Why can’t you do it?” An inventory of tasks must be identified and how the disability or series of disabilities prevents that task from being completed. For example, if a disability causes someone to be unable to stand for extended periods of time and the job requires it, then it would be a qualifying factor. “Mental health is a challenge,” Shklar says, because “there is no hard diagnosis.” And there are an expanding number of conditions that need to be sorted out by a state-based Disability Determination Services. He suspects that overburdened bureaucrats “say yes to the easy cases” but no to the complex ones, sending them along to an administrative judge for determination. "Social Security is the largest insurance company in the world." It is important to remember, Manning says, that “Social Security is the largest insurance company in the world.” And that SSDI is a public disability income insurance program rooted in the original landmark New Deal legislation creating the Social Security Program and was formalized in 1956. It grew substantially in the ensuing years and it never really succeeded at getting disabled workers back to work. In part, this is because of the age of most recipients and the steady decline of menial jobs.  The program is funded in part through payroll taxes paid by both the employer and employee equally at a rate of 7.65 percent. FICA, which stands for Federal Insurance Contributions Act, is the acronym that appears on paychecks as an automatic withdrawal. It is an insurance program based upon contributions and work history. By contrast, Supplemental Security Income (SSI), a similar disability program, is a low-income welfare program without a work history requirement.  Much has changed in the last half-century that has contributed to the boom in the number of people eligible for Social Security Disability Insurance. It is a demographic perfect storm, according to demographers, led by aging baby boomers, more women in the workforce and an increase in the retirement age. Together this means the health of more and more people will wear out before they are eligible for Social Security retirement benefits. But that’s not all, Shklar says: “The bad economy and disappearance of low-skill, menial jobs that have been replaced with part-time, fast-paced jobs.” “It’s a disastrous race to the bottom,” he says, adding that many of these people “are unable to participate in the labor force because there are no jobs for them. Very simple work jobs are gone.” In some areas of the state, a full quarter of all prime-age men (25 to 54 years-old) are not part of the workforce. “Who’s pumping gas anymore?,” he asked, “Those jobs don’t exist.” This article appears in theMarch 2015issue of New Hampshire Magazine Did you like what you read here?Subscribe to New Hampshire Magazine »   ...read more

byLina Guillen, Attorney When a marriage ends, spouses and their children often face a perfect storm of stressful events: new living arrangements, parenting schedules, and of course, decisions about property and money. The emotions caused by these changes can make it difficult for spouses to understand the legal process of divorce, and may even impair their ability to make sound decisions. Getting through a divorce may be easier if you’re informed about the process before it begins. The following article provides a few tips to help guide you through this difficult time. 1. Don’t Expect to "Win" Your Divorce Case A lot of people start their divorce hoping to “beat” their spouse in court. In fact, there’s seldom a true winner in divorce. The typical divorce involves various issues, such as child custody, support, and the division of property. Rarely do divorcing spouses end up with everything they want. For example, one spouse might be awarded primary physical custody of the children, but may receive a much lower amount of spousal support than requested; it’s virtually impossible to tell the “winner” from the “loser” so trying to “win” is pointless. Instead, consider the consequences of a full-blown court battle before you go down that path. In addition to the many thousands of dollars you’ll spend, your children may suffer the most in a heated divorce battle. After the dust has settled, you may soon forget who "won." 2. Don’t Make Important Decisions Without Thinking Them Through Many life-changing decisions come up during a divorce. For example, you may have to determine whether to you need to sell the family home. Resist the impulse to make a quick decision just to get the case over with. When making important choices, it’s essential that you consider the potential consequences. 3. You’re Getting Divorced: Your Kids Aren’t It’s easy to get wrapped up in the heat of the moment. However, saying cruel things to your spouse in the presence of your children can have a lasting effect. Psychological studies show that the more parents fight during a divorce, the more damaging the whole process is to the children. Whenever you’re about to say something hurtful give yourself some time to think before you speak. A simple rule to follow is to count to ten before you answer a question or make a statement. In addition, unless there’s a history of abuse or neglect, your children will continue to have a relationship with their other parent. No matter how upset you are with your spouse, you should not try to discourage or interfere with a healthy parent-child bond. You may want to consider asking an experienced mental health professional to counsel your children about the divorce, and seek counseling for yourself as well, so you can learn how to address your children’s needs during this difficult process. 4. Don’t Believe Everything Other People Tell You About Their Divorce Your divorced friends may give you advice about what should happen in your divorce. Unfortunately, the information and advice you get from other people can be misleading or wrong. Every divorce has a different set of issues. Your friends may believe what happened in their divorce is typical, but it’s best not to base your decisions on someone else’s experiences. Instead, rely on the advice you get from your attorney, mental health professionals, and financial consultants, all of whom are familiar with the specifics of your case. 5. Forget the Past. Prepare for the Future. Be a "Big Picture" Person Obsessing about all of the bad things you feel were done by your spouse during your marriage will only prevent you from moving on with your life and making decisions that are in your family’s best interests. Try to forget the past and focus on the future. Approach the divorce with a willingness to work with your spouse to achieve the best possible result for your family. You may get hung up on relatively insignificant matters, such as how to divide the DVD collection. Again, this may be because you or your spouse can’t let go of a past hurt. However, this approach will increase the time (and legal fees) it takes to complete your divorce. Don’t sweat the small stuff. Instead, try to be a “big-picture person.” Make some concessions on minor issues, and you can spend more time on important matters, such as when you get to see your children. 6. Court is Not All That It’s Cracked Up to Be When things are not going well in a divorce case, one spouse may threaten to terminate negotiations and head to court. However, the road to a divorce trial is long and costly. The expense of a trial can deplete the very assets that are often the subject of the dispute. Even simple matters can require multiple court days to complete, and after spending many thousands of dollars, spouses and their attorneys are left with the total uncertainty of how a judge will rule. 7. Consider Alternatives to Court Most people think all divorces end up in court. In fact, there are alternative ways to resolve divorce cases. One method is “mediation” in which a mediator (neutral third party specially trained to work in divorce cases) facilitates face-to-face negotiations between divorcing spouses and helps them work out mutual agreements. The mediator will often recommend that each spouse consult with an attorney while the mediation process is proceeding. However, these consulting attorneys don’t attend mediation sessions. 8. Be Honest with Your Attorney and Your Spouse You need to provide your attorney with all key facts so he or she can analyze your case properly and give you appropriate advice. Even if you hide something from your attorney, the facts may very well come out anyway (eg., your spouse may discover hidden facts from a third party or by reviewing documents). By then, however, your failure to be up front may have already harmed your case and your ability to obtain a good result. 9. Create an Inventory of Household Furniture and Furnishings and Make Copies of Important Documents Disputes over furniture, furnishings and other valuable items, such as a great wine collection or an expensive piece of art, can be avoided by taking a complete inventory of your home as follows: take photographs of every item and photograph sets of small items, such as dinner ware, together use the front page of that day’s newspaper in every photograph in order to create a “time stamp,” which avoids any claims that the photo was taken at an earlier date keep your photos in a safe, protected place create a list of all items, including where they’re located and your estimated value of each, and get appraisals or ask for insurance inventories of the items in your inventory. Despite the strict rules for disclosure, some divorcing spouses will hide or destroy key documents such as pre-nuptial agreements. This problem can be avoided by making copies of important documents as soon as you decide to file for divorce, or learn that your spouse is doing so. 10. Have Reasonable Expectations Sometimes, divorcing spouses have goals that are completely unreasonable or inconsistent with the law. If you want your divorce case resolved quickly, you need to understand how the law applies to your case and have a reasonable expectation about the outcome. You may want to consult with an attorney to get a better understanding of the potential outcome(s) in your case. ...read more

Q: I am a retiree with 23 years [mil­i­tary] ser­vice. After I retired I went through a divorce. I was mar­ried 20 years. My ex-wife gets 35 per­cent of my retired pay and I also agreed to con­tinue SBP cov­er­age for her. I have since remar­ried (2 years). My questions: 1. If my ex-wife pre­de­ceases me will I be able to name my cur­rent wife as the ben­e­fi­ciary on the SBP? 2. Related to the first ques­tion, if my ex pre­de­ceases me can she in her “will,” will the 35 per­cent retired pay to some­one else as “prop­erty” or does it revert back to me? 3. In regards to my social secu­rity ben­e­fits, if I pre­de­cease my ex and cur­rent wife, who can make a claim against my Social Secu­rity ben­e­fits? I have no depen­dant children. –Car­los, Hud­son, N. H. A: Well, you’ve got some great, fairly tech­ni­cal ques­tions. And I love it that you’re think­ing through things so you may plan bet­ter. This finan­cial plan­ner likes that! The source for these types of ques­tions is Defense Finance and Account­ing Ser­vice (DFAS). TheDFAS Fre­quently Asked Ques­tionson SBP runs through sev­eral sce­nar­ios for you. Here’s my understanding: 1. You may be able to change your SBP cov­er­age to your cur­rent wife right now, but only if you vol­un­tar­ily pro­vide SBP cov­er­age for her. It could not have been required by a court order or divorce decree to pro­vide “for­mer spouse cov­er­age.” So if you set up for­mer spouse cov­er­age vol­un­tar­ily, you just need to con­tact DFAS in writ­ing and change the cov­er­age to your new wife. Oth­er­wise, if your for­mer spouse pre­de­ceases you, you could switch cov­er­age to your new wife using Form 2656–6. 2. Despite retired pay being treated as mar­i­tal prop­erty dur­ing the divorce pro­ceed­ings, your ex-spouse’s right to pay­ments ter­mi­nates at her death…in other words, she can­not pass that pen­sion on to some­one else. 3. Finally, when it comes to Social Secu­rity, your ex-wife should be eli­gi­ble to receive ben­e­fits as a divorced spouse based on your earn­ings record. To qual­ify your mar­riage to your ex had to have lasted 10 years (check) and she must remain unmar­ried (don’t know about that one). But the good news is that your cur­rent spouse should also be able to col­lect Social Secu­rity on your record, too, as long as you’re mar­ried nine months or longer (check) Here’s alinkto infor­ma­tion on this topic at the Social Secu­rity website. Read more:http://personal-finance.military.com/2010/01/divorce-social-security-and-military-retirement.html#ixzz3ORWTFvliAskJune.Military.comArticle Source:Military.com ...read more

If you are a typical civilian couple who is divorcing, you must primarily be concerned with thelaws of the state in which you are divorcing. If you are a military couple, though, you will not only have to contend with your state laws, but you will have to incorporate federal law into your divorce decree. That law, signed on September 8, 1982, is the Uniformed Services Former Spouses' Protection Act (USFSPA), Public Law 97-252 (10 U.S.C. ยง1408).The USFSPA applies to all active duty, reserve/guard, and retired military, the U.S. Coast Guard, and members of the U.S. Public Health Service (USPHS) and the National Oceanographic and Atmospheric Administration (NOAA).The USFSPA permits states to award up to 50 percent of the military member's retired pay (or up to 65 percent including court-ordered child support) in a divorce. This does not mean that 50 percent is the maximum award, nor that 50 percent is always awarded. It only means that the finance center will only pay out up to half of the retired pay. The court may award more, which then becomes the responsibility of the service member to pay.The original intent ofthe USFSPAwas laudatory and remains so: to provide, in a divorce action, for the faithful spouse who had loyally supported the military member's career. The USFSPA has created mass confusion in the state courts, primarily due to the myriad of interpretations of the USFSPA nationwide. If you are aware of these problems, you can save yourself time and grief and, even more important to your financial future, money, by educating yourself on this law. Article Source:Divorce Source            Information Provided by:Marsha L. Thole ...read more

Military couples have found themselves in financial trouble and drawn-out negotiations because of their misbeliefs regarding the USFSPA. One misbelief is that the award of retired pay is "it" --meaning, there can’t be any other award for alimony or maintenance. On the contrary, the award of military retired pay may be in addition to child support and alimony or maintenance.Another very prevalent myth is the 10-year rule. Many think you must be married for at least 10 years for the court to award a share of the military retired pay. The marriage need last only minutes (long enough to say "I do") in order for the spouse to be entitled to a share of the military retired pay. However, the marriage needs to have lasted at least 10 years and overlapped with the service member’s creditable military service for 10 years for the defense finance center to make the payment directly to the former spouse.Many spouses think that if they were the beneficiary of the Survivor Benefit Plan (SBP) while married, that they will remain so upon divorce. This is not true, and SBP is a mutually exclusive benefit that must be addressed in the divorce (whether it is to continue with the current spouse or not).Despite the original intent of the law--to reward faithful spouses who loyally supported the service member’s career--the USFSPA as it is applied today ignores fault, merit, need, ability to pay, or respective financial circumstances. In short, if the service member spent seven years as a prisoner of war, and the spouse files for divorce and wants half of the community property "earned" while the service member suffered at the bands of the enemy, then the spouse can so request it and the courts can so award it.Lastly, many are under the impression that the USFSPA is a fairly recent law that awards a share of military retired pay in divorces. The truth is that the states have always had the authority to treat this marital asset just like any other marital asset. (What the USFSPA did was to permit the states to classify military retired pay as property, as opposed to income. Individuals married to military members have always had (and still do) access to all the remedies and protections available to non-military couples in divorce court. Article Source: Divorce Source             Information Provided by:Marsha L. Thole ...read more

ArticlesMedical ImpairmentsDiabetesAutoimmune DisordersPainArthritisBack InjuriesThe Disability ProcessDevelop a Winning TheorySSD MythsHow to AppealHow to ApplyDo's and Don'tsRita MettsThe Columbia Disability Attorney3531 River Drive,Columbia, SC 29201Phone (803) 929-0577 |www.mettslawfirm.com/index.htmlWhy hire me?FeesContactWho Is Disabled?If you have been denied Social Security disability benefits, don't give up. Many disabled people are wrongly denied benefits when they first apply and go on to win their claims on appeal. In fact, claimants who appeal their denial through at least the hearing stage are successful more often than not.Government statistics show that claimants are more likely to win benefits on appeal if they have legal representation than if they try to represent themselves. Hiring an attorney is low-risk, too, because they will not get paid unless you win benefits and attorney's fee will never be deducted from any future disability payments after you are approved.If you want an attorney with the experience of a large law firm and the personal customer service of a small firm, please contact the Metts Law Firm for a free evaluation of your claim. Just fill out the form on this page, and I'll get in touch with you shortly.Free Claim EvaluationAlso see video:Social Security disability mythsAlso see video:Social Security disability myths ...read more

When it comes to applying for Social Security retirement benefits, most people are unfamiliar with the process. That's no surprise, as we generally only retire once and only apply for benefits once. Fortunately, applying for Social Security benefits isn't as hard as earning them. Here's a handy guide to what you need to know about the process. (Keep in mind that this article refers to retirement benefits -- not disability, survivor, or other benefits.) Timing is key While the process of applying for Social Security benefits is relatively straightforward, the question ofwhento do so is far more complicated. You might, of course, simply apply for them at your "full" retirement age, which the Social Security Administration sets according to your birth year. For those born in 1937 or earlier, it's 65; for those born between 1943 and 1957, it's 66; and for those born in 1960 or later, it's 67. For anyone in between, their retirement age is somewhere in between, in increments of months. That seems simple enough, but you can elect to start receiving benefits as early as age 62 or as late as age 70. For each year beyond your full retirement age that you delay, your benefit rises by about 8% -- this means a 24% boost if you delay from age 67 to age 70. Those starting at age 62 will collect a benefit that's up to 30% smaller than their "full" retirement-age one. The SSA notes that if you run the numbers, whether you collect early or late shouldn't make a huge difference. You might get smaller benefit checks if you start at 62 instead of 67, but you'll get 60 more of them, which amounts to a lot of money. Source: Social Security Administration. Still, therearereasons to consider starting earlier or later, such as whether you're still working, how healthy you are, how long you expect to live, and whether you're married and have a spouse's benefit to consider. If you claim Social Security before your full retirement age and are still working, then your Social Security benefits will be reduced if you earn more than a certain amount. The SSA notes: "If you are under full retirement age for the entire year, we deduct $1 from your benefit payments for every $2 you earn above the annual limit. For 2014, that limit is $15,480. In 2015, that limit will be $15,720." Once you reach full retirement age, earned income of any amount will not reduce your benefits. It's worth spending some time reading up on Social Security strategies to see when it seems best foryouto begin receiving benefits. (We offer more info on several promising strategies at the bottom of this article.) Also spend a little time at theSSA website, where you can use the Retirement Estimator to get an idea of how much your monthly benefit will be at different retirement ages. Source: Social Security Administration. The process Once you're ready to apply for Social Security benefits, what do you do? First off, know that most folks can take care of it all online. To do so, you need to be at least 61 years and nine months old and not currently receiving your own Social Security benefits. You also must not have already applied for retirement benefits, and you must apply no more than four months before you want to start receiving your monthly benefits. (Note that you can apply for Medicare at the same time if you're no more than three months away from age 65, and you can even apply for only Medicare through the same online application and put off applying for your Social Security benefits.) You can apply for your Social Security benefits over the phone (at (800)772-1213 or TTY (800)325-0778 between 7 a.m. and 7 p.m. on weekdays) or in person at your local Social Security office. But for most of us, applying online is the way to go, as it's quick and spares you a lot of time traveling to and from the Social Security office and waiting in line. The SSA estimates that the process will take about 15 minutes, and you can start and stop -- and change or save your answers -- along the way. You'll get a receipt that you can print for your records, and you can check on the status of your application online with the confirmation number that you'll receive. That's pretty much it! Just remember: Tthe trickiest part of the process is deciding when to start receiving your benefits and formulating any strategy if you have a spouse with benefits, too. How one Seattle couple secured a $60,000 Social Security bonus -- and how you can, tooA Seattle couple recently discovered some little-known Social Security secrets that can boost many retirees' income by as much as $60,000. They were shocked by how easy it was to take advantage of these loopholes. And although it may seem too good to be true, it's 100% real. In fact, one MarketWatch reporter argues that if more Americans used them, the government would have to shell out an extra $10 billion every year! So once you learn how to take advantage of these loopholes, you could retire confidently with the peace of mind we're all after.Simply click here to receive your free copy of our new report that details how you can take advantage of these strategies. The articleYour Guide to Applying for Social Security Benefitsoriginally appeared on Fool.com. Article Source: The Motley Fool ...read more

Regardless of whether you’re a man or a woman, Social Security will not — and was never designed to — provide all of the income you’ll need to live comfortably during retirement. At best, your income from Social Security will supplement your other sources. If you are factoring Social Security into your retirement plan, you should learn all you can about how to enhance your benefits, and how much income you may need from other sources, to be financially comfortable during your retirement years. For women, however, there are some unique factors to consider in the equation. With longer life expectancies than men, women tend to live more years in retirement and have a greater chance of exhausting other sources of income. Because Social Security generally has annual cost-of-living adjustments, you have an inflation-protected benefit for as long as you live. For women, those increases are vital since women generally live longer than men. In addition, Social Security provides dependent benefits to spouses, divorced spouses, elderly widows and widows with young children. While Social Security is neutral with respect to gender (individuals with identical earnings histories are treated with the same in terms of benefits), the following 2012 numbers released by the Social Security Administration Office of Research and Statistics highlight how demographic characteristics of women compare with the entire population. •Women reaching age 65 need to prepare for approximately 21.4 more years of living expenses. Men live an average of 19.1 more years. •Women make up 56 percent of all Social Security beneficiaries age 62 and older and approximately 67 percent of beneficiaries age 85 and older. •The average annual Social Security income received by women 65 years and older was $12,520 compared to $16,398 for men. •For unmarried women age 65 and older (including widows), Social Security composed 50.4 percent of their total income. In contrast, only 35.9 percent of unmarried elderly men’s income and 30.2 percent of elderly couples’ income came from Social Security. •Of all elderly unmarried women receiving Social Security benefits, 49.6 percent relied on Social Security for 90 percent or more of their income. •Only 22 percent of unmarried women age 65 or older were receiving their own private pensions, compared with 27.7 percent of unmarried men. •Of the women who were employed full time, 55 percent participated in an employer-sponsored public- and private-sector plan compared to 52.3 percent of men. While participation in employer-sponsored retirement plans is increasing for women in today’s workforce, women generally received lower pension benefits than men due to their relatively lower earnings. Probably none of this comes as a surprise, considering women earning less and spending more time out of the work force than men. On average, women spend 12 years out of the work force caring for others. Women also are more likely to work at small companies that lack employer-sponsored benefit programs and hold part-time rather than full-time positions. Looking at the whole picture, you can see how these factors might tend to significantly affect women’s Social Security benefits and any retirement plan or pension plan benefits they may have accrued. So how do women offset this gap? Get a retirement plan in place so Social Security benefits can be an income supplement and not a mainstay. To help you determine a retirement strategy that is appropriate for your personal financial situation, talk with your financial adviser. Article Source:The Spectrum ...read more

In South Carolina, alimony is considered a substitute for the support normally incidental to the marital relationship. Spence v. Spence, S.E.2d 683, 684 (1973). "Generally, alimony should place the supported spouse, as nearly as is practical, in the same position he or she enjoyed during the marriage." Allen v. Allen, 554 S.E.2d 421,(Ct. App. 2001).  A recent South Carolina Supreme Court case discusses these issues in detail,Crossland v. Crossland. In deciding whether to award alimony, the family court must consider and give appropriate weight to the following factors:  (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce . . . ; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse . . . ; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and nonmarital properties of the parties . . . ; (9) custody of the children . . . ; (10) marital misconduct or fault of either or both parties . . . ; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant.  An award of alimony rests within the sound discretion of the family court and will not be disturbed absent an abuse of discretion. Dickert v. Dickert, , 691 S.E.2d 448, 451 (2010). The important thing to remember is that the Judge decides if your case meet the qualifications for alimony.  There is no absolute right to alimony, even when the other spouse is responsible for the break up of the marriage, such as in the cases of adultery, physical cruelty, etc.  Preparation is the best thing to help improve your changes of getting alimony, if you think you qualify.  And remember adultery is an absolute bar to alimony. ...read more

If you've decided to file for divorce, you may have questions about the process. This article provides a basic overview of how to obtain a "simple divorce" (No Fault divorce) in South Carolina. If you do not meet all of the following requirements or you have specific questions about your divorce case, you should speak with an experienced family law attorney in your area. A court or judge can't answer questions about your particular case orlegal rights. In South Carolina, you may file for a simple divorce without the help of a lawyer if you meet the following: you or your spouse has lived in South Carolina for at least one year prior to filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce you are filing on the ground of one year continuous separation without living together at any point during that year you have no martial property or marital debt, or you have reached an agreement on how to divide the marital property and/or debt, and you have no children with your spouse and none are expected, or you have minor children together and have reached an agreement about custody, visitation and child support (and the child support agreement meets the minimum requirements set by South Carolina Child Support Guidelines). If you meet all of the above requirements, then you must follow the steps below to fill out the forms for a simple divorce. Preparing Your Forms To begin the process, fill out the following forms: Family Court Cover Sheet Certificate of Exemption Summons for Divorce Complaint for Divorce Financial Declaration Form(do not sign this form until you are in front of a notary public) All of the forms will have blanks for “plaintiff” and “defendant.” The person asking the court for a divorce is the “plaintiff,” and the responding spouse is called the “defendant.” The area with your name and your spouse’s name is called the “caption.” Some of the forms must be signed while you are in front of a Notary Public. Do not sign the forms that require notarization until you are physically in front of a Notary Public. After completing all the forms, make at least two copies of everything. The court will keep one, you will need one for your records, and you will need a copy for your spouse. Filing Your Forms The next step is to file the papers with the Clerk of Court, Family Court Division. You may choose one of three locations to file: in the county where you and your spouse last shared a residence in the county where your spouse lives at the time of filing, or in the county where you live, if your spouse is not a resident of South Carolina. If you're filing in South Carolina but do not live in the state, you must file in the county where your spouse (the defendant) lives. The Clerk of Court will charge afeeto file the papers. If you are unable to pay the fee, you may file aMotion and Affidavit to Proceed In Forma Pauperis. If your Motion is approved, you will not have to pay filing fees or Sheriff’s Office service fees (if applicable). Serving Your Forms After filing your forms with the appropriate Clerk of Court, you will need to “serve” (deliver) a copy of the Family Court Cover Sheet, Certificate of Exemption, Summons for Divorce, Complaint for Divorce and the Financial Declaration Form to your spouse. There are four ways to serve your spouse: U.S. Mail (send certified mail, restricted delivery, return receipt requested; receipt must be signed by your spouse; you must also complete anAffidavit of Mailing, sign it in front of a notary and file a copy, along with the green card, with the Clerk of Court) personal service (your spouse must sign anAcceptance of Serviceform and you must file a signed copy with the Clerk of Court) Sheriff’s Office (Sheriff’s office must complete a notarizedAcceptance of Serviceform after delivery and you must file a copy with the Clerk of Court), or Private Process Server (this is a paid private service that involves a third party hand-delivering the paperwork to your spouse). Court Hearing and Final Divorce After you've served your spouse, count ahead 35 days on the calendar (do not count the day your spouse was served) and mark the date. On that day, if you have not received a formal response or “Answer” to the divorce papers from your spouse, or if you received an Answer that agrees with everything in your complaint, you may proceed with the final divorce. If your spouse's Answer disputes or contests any part of your request, you'll need to hire a lawyer to proceed with your case. If you are proceeding without opposition from your spouse, then the next step is to complete aRequest for Hearingand anAffidavit of Default for Divorce. When you file these forms, you must also file a copy of your return receipt or other affidavit showing that your spouse was properly served (unless you've already filed it). After completing these filings, the Clerk of Court will mail you a Notice of Hearing with your court date. After you receive this Notice of Hearing, you must mail a copy to your spouse, by certified mail, return receipt requested. After your spouse mails back the signed green card, you must complete anAffidavit of Service by Mailingin front of a Notary Public. If the envelope and card are returned unsigned, take the returned envelope to your divorce hearing. To prepare for the hearing, you must complete aFinal Order of Divorceand aReport of Divorce or Annulment. You must also have one person testify at the hearing who has personal knowledge that you and your spouse have lived separate and apart for one year. On the day of your hearing, bring the above documents to court, along with your witness. During the hearing the judge will ask questions about your documents, including questions about your marriage and separation. You may use asample scriptto prepare yourself. After granting your divorce, the judge will sign the Final Order of Divorce - your divorce is not final until the order is signed and filed with the Clerk of Court. The judge may also ask you to complete aJudgment in a Family Court Case. Article provided by:by Shannon Hurley, at DivorceNet.com Call Metts Law Firm, LLC at 803-929-0577 if you need legal advice about your particular case, or visit our website at www.MettsLawFirm.com. ...read more

You’re going through atough divorce. You’re upset, angry and frustrated by your ex’s recent actions, so you grab your phone and fire off a quick tweet to your measly 87 followers to vent. No big deal, right?Wrong.What may seem like a teeny, tiny action could have huge consequences in your divorce -- both legally and financially. And it's understandable if you don't already know that; divorce may be your first experience with the legal system and the intricacies of what you can and cannot do are often buried in legal jargon.We turned to the experts to find out what mistakes you don’t even know you’re making when it comes to divorcing in the 21st century. Here's what they had to say:Believe it or not, Facebook posts, tweets, Instagram photos and the like can all be used against you in a divorce case. People think they can get around that reality by simply blocking their ex and all of his or her friends -- but that won't help.“Posting anything on social media is like standing on your front lawn and shouting it,” attorney Aaron Abramowitz of Trope and Trope law firm in Los Angeles told The Huffington Post. In other words, everyone can hear you.Abramowitz explained that blocking an ex isn't effective; he or she can still log in under a friend’s account, make a fake account or get their friends to take screenshots of your posts. And it’s unrealistic for someone to un-friend every person their ex knows, Abramowitz explained. “The Internet is written in pen not pencil.”Let's say you've posted photos of you on vacation spending money you say you don't have, or you've written negative, defamatory comments about your ex. Whatever you do, don'tdelete those posts.“Deleting things can cause issues,” divorce attorney Caroline Choifrom the firm Lowenstein Browntold HuffPost. “It’s deleting evidence.”Choi tells her clients to “bite their tongues” now because “once it’s out there, it’s out there.”Just because you personally don’t post something does not mean it can’t be held against you in a court of law. “It comes up in child custody cases a lot,” Abramowitz said.For example, if parents are sharing custody and their 15-year-old kid posts a picture drinking alcohol at a party on his or her own Facebook page, that photo can be used against the parent who was technically “on the clock” as evidence of unfit parenting.Even a video that is meant to be cute -- like a child bouncing on a trampoline -- can be viewed as showcasing a “dangerous” activity, Abramowitz said. So it’s important to be mindful of what others around you are doing and posting in connection with you.The problem with social media is that posts are taken out of context and, when strung together, may tell a story that paints you in a negative light.A Twitter rant could be the result of a 30-second delay in judgement and filled with words you would never use in real life -- but if threats are made or swear words used or it’s filled with defamatory language, it could be problematic, even if said in jest.“Your words are your words,” Abramowitz said. “[If you're] putting it in a place a kid can see it -- that’s when judges are really concerned. It’s really damaging to a kid to feel there is a wedge between their parents."But it’s not just out-of-context or one-off remarks that are the problem.“Say you’re trying to get spousal support and saying you don’t have money to live -- but you're going on lavish vacations,” Choi tells Huff Post. “Your ex could print it off and show the judge.”Actions on social media put you in a position to explain yourself and your actions. “You need to look at the big picture,” Choi warned.Social media isn’t the only thing that's tripping people up these days. Although it seems fairly obvious, both experts said to never forget that everything is traceable: credit cards, emails, bank loans, job applications -- it’s all out there.And hiding assets or moving money won’t help, Abramowitz said: “Even if we don’t know where the money is now, we know where it was.”He also says people forget about forms they filled out while still married, like loan applications for cars and houses. In those instances, he said, income is often inflated and those forms -- even if a few years old -- can be used against you, or used as proof you're trying to hide funds.While divorce is tricky to navigate, there are ways to make sure you get out as amicably as possible.Abramowitz’s advice to avoid major pitfalls? “Just be civil.”As for Choi, she says she's seen clients get divorced and stay good friends. She advised, “It’s always important to be mindful of what you’re saying. All the dirty laundry is laid out in the court room, so you don’t want to be put in that position.”Article Source:The Huffington Post | by Taryn HillinFor more information or to ask any questions about divorce or custody, call Metts Law Firm, LLC. ...read more