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SSDI and Elder lawyers
Crushed
Posted: Thursday, March 14, 2019 6:57 AM
Joined: 2/2/2014
Posts: 4145


Just a heads up.  In many areas  of the country  Social security disability and  elder care  law are not practiced by the same attorneys.   SSDI is a highly specialized technical area  with an enormous amount of "paperwork checking" routinely done by paralegals. Fees are low contingent and fixed by law, so the firms spend as litttle time as possible with smoozing.    It is a subset of "administrative law" The firms these lawyers join are often oriented towards pensions, workers compensation and similar employment issues. They operate heavily by referrals from elder lawyers. They don't need much client contact.  Everything is done in writing and when they are done with your case, they are done.  So they are not active in developing a client base instead they develop a referral base.  (think of a cancer surgeon)

Elder care law grew out of trusts and estates.  They do wills, powers of attorney, guardianships, handle open estates, deal with complex property transfers and estate and tax planning.  They do tax returns. They do medicaid planning and routinely hire medicaid specialists. they have a lot of client contact so are normally local to the client and work to develop a client base.(Think of an internal medicine GP)

It is perfectly normal to ask an elder care lawyer to refer you to an SSDI specialist.  In remote areas an elder care lawyer may help you put your package together

I will try follow up with some advice on dementia EOAD packages


Michael Ellenbogen
Posted: Thursday, March 14, 2019 7:29 AM
Joined: 11/30/2011
Posts: 2158


 This is great. Can I use it on my website? Thanks

 

https://www.facebook.com/MichaelEllenbogenMovement/


ButterflyWings
Posted: Thursday, March 14, 2019 7:41 AM
Joined: 12/11/2018
Posts: 50


Crushed -- Thank you!!! How did you know I needed exactly this information, today? I am about to heed your recent advice to run, not walk (as I "heard" it anyway) to apply for SSDI and something else, you said. (You said do it "yesterday"). I had been told by our neuro doc that my DH was ineligible (incorrect) because he is not early onset and already receives social security at age 70+. Anyway I logged on just now, hoping to find the thread that I'd commented on expressing total confusion, where you clarified this life-saving info. 

Thank you, thank you, thank you for freely sharing your professional opinion, experience and expertise. For my situation anyway, it has been a tremendous help already. Wishing you well, and sending positive energy to all the caregivers and their LOs today.


Crushed
Posted: Thursday, March 14, 2019 8:46 AM
Joined: 2/2/2014
Posts: 4145


ButterflyWings wrote:

Crushed -- Thank you!!! How did you know I needed exactly this information, today? I am about to heed your recent advice to run, not walk (as I "heard" it anyway) to apply for SSDI and something else, you said. (You said do it "yesterday"). I had been told by our neuro doc that my DH was ineligible (incorrect) because he is not early onset and already receives social security at age 70+. Anyway I logged on just now, hoping to find the thread that I'd commented on expressing total confusion, where you clarified this life-saving info. 

Thank you, thank you, thank you for freely sharing your professional opinion, experience and expertise. For my situation anyway, it has been a tremendous help already. Wishing you well, and sending positive energy to all the caregivers and their LOs today.


He  may be eligible for SSI .  As I have said, SSDI is not my expertise.  I hired an SSDI lawyer.

 


Crushed
Posted: Thursday, March 14, 2019 8:48 AM
Joined: 2/2/2014
Posts: 4145


Michael Ellenbogen wrote:

 This is great. Can I use it on my website? Thanks

 

https://www.facebook.com/MichaelEllenbogenMovement/


Sure as always list it as one lawyer's opinion.   (if you have 3 lawyers you get 6 opinions )

 


Michael Ellenbogen
Posted: Thursday, March 14, 2019 9:10 AM
Joined: 11/30/2011
Posts: 2158


Thanks, I think your last comment is funny
BadMoonRising
Posted: Thursday, March 14, 2019 9:26 AM
Joined: 4/22/2017
Posts: 241


Butterflywings,

If your father is 70+ years old, the neurologist is correct. Your father is not eligible for SSDIB benefits. I suggest you confirm this with a "Social Security" attorney before spending a significant of  time applying for benefits.


Agent 99
Posted: Thursday, March 14, 2019 4:44 PM
Joined: 6/7/2013
Posts: 2144


Butterfly wings. 

The neurologist is right but if you do call a disability lawyer be sure to mention his age first so you don’t waste your valuable time.

From NOLO.org - reputable legal advice website

If your symptoms of dementia will prevent you from working for 12 months or more, you may qualify for Social Security Disability (SSD/SSDI) or Supplemental Security Income (SSI) benefits. 


You can apply for SSDI benefits if you are not currently receiving retirement benefits. Once you reach full retirement age (at either 65, 66, or 67 years of age, depending on the year you were born), your SSDI benefits automatically change to retirement benefits.


Crushed
Posted: Thursday, March 14, 2019 9:05 PM
Joined: 2/2/2014
Posts: 4145


I hesitated to give advice because  there are a few weird cases of older people who are "currently insured" but not "fully insured" in essence they started working in covered employment after 65 I simply have no idea what happen to them

 

 


LadyTexan
Posted: Thursday, March 14, 2019 9:21 PM
Joined: 12/21/2018
Posts: 56


Thank you Crushed. As always, I appreciate the info.

DH is now receiving SSDI. 

Several years ago We used an attorney to draft our respective wills, physician’s directives, HIPPA documents and Durable POAs. We each named the other on most documents and we each also named an alternate. 

I have since realized I should revisit the documents. I destroyed the POA I granted to my husband. I may remove him from other responsibilities Because of his AD. This didn’t dawn on me until yesterday. I feel like a dolt for just now realizing the risk. It’s not a reasonable expectation for him to understand the responsibilities, remember my wishes and effectively communicate them to someone else. Imagine the distress he would have, if I was in the ER and a doctor wanted him to make a decision about my care. 

I am planning to meet with an elder law attorney regarding this topic. He is also a Certified Fiancial Planner. I think I need this guidance as well. The fee is steep (for our modest means) but I don’t want to make a more costly mistake of thinking I can do this myself. Although I am a CPA, financial planning is outside my practice area. 


Crushed
Posted: Thursday, March 14, 2019 10:30 PM
Joined: 2/2/2014
Posts: 4145


Financial planners do financial planning.  If you have a medicaid issue they can be very useful. Otherwise its a waste.  Elder law folks arrange to handle your legal affairs.    The fee in our high cost area for a trust and all other documents including deeding the house to the trust was $4,200
MarsVolta
Posted: Saturday, March 16, 2019 5:41 PM
Joined: 11/7/2015
Posts: 36



Several years ago We used an attorney to draft our respective wills, physician’s directives, HIPPA documents and Durable POAs. We each named the other on most documents and we each also named an alternate. 

I have since realized I should revisit the documents. I destroyed the POA I granted to my husband. I may remove him from other responsibilities Because of his AD. This didn’t dawn on me until yesterday. I feel like a dolt for just now realizing the risk. It’s not a reasonable expectation for him to understand the responsibilities, remember my wishes and effectively communicate them to someone else. Imagine the distress he would have, if I was in the ER and a doctor wanted him to make a decision about my care.

****

Don’t just destroy the POA. Perhaps there is another copy that is out there somewhere, in some doctor’s office, that you have forgotten. Write out a quick note that you revoke all previous POAs granted to your husband and then date and sign the statement in front of a notary.


Don’t justdestroy the POA


Carolyn613
Posted: Saturday, March 16, 2019 7:20 PM
Joined: 7/15/2016
Posts: 1002


IMO you mustn't destroy something unless you replace it with something else. So your LO can no longer make decisions. But you don't name someone else who can. Then what? You are at the mercy of the state. The government is not your friend. All it wants is to take your money. You must choose someone who is able to help you with decisions.
Mainer1
Posted: Saturday, March 16, 2019 8:27 PM
Joined: 11/18/2018
Posts: 52


Working with our elderlaw attorney, we granted POA and MPOA to the first and second executors of our estate as we have no family who can fulfill that role.  Both have experience in handling these kinds of issues and both are utterly trustworthy friends.  The way it is set up, if something happens to me, they can act on her behalf.  They have lists of people, accounts, etc. etc. so they can step in as needed.  All of our funeral arrangements are made and paid for, church services are planned.  Given that we are asking friends to handle so much, we wanted to reduce the burden as much as possible for them. It's sad to have to do it, but think of it this way -- if you were not there at all, who would do what?  If you were there, but not competent, who would do what?  It's probably not possible to think of everything, but you can check off lots of things before they become unmanageable for someone else.
 
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