News & Analysis as of

Social Security Benefits

ERISA: Can a Court Invalidate the Social Security Offset Provision Because Benefits Were “Wrongfully Denied”?

You know that most ERISA plans, and most supporting insurance policies, have provisions that allow for an offset of Social Security disability benefits. Can the court invalidate these offset provisions because of...more

Social Security benefits: When is the right time to begin receiving payments?

For those nearing the age when they can begin receiving Social Security benefits, it’s important to understand how the timing of applying for benefits can affect monthly payments. This article explains what factors to...more

Insight on Estate Planning - October/November 2017

In This Issue: - Social Security benefits When is the right time to begin receiving payments? - Planning ahead after a divorce - ABLE accounts benefit disabled family members - Estate planning pitfall: You chose...more

México: Se declaran días inhábiles para el Instituto Mexicano del Seguro Social a causa del sismo

by Littler on

El 19 de septiembre de 2017, la Ciudad de México y algunos estados colindantes sufrieron un sismo de una magnitud de 7.1 lo cual provocó daños graves como la pérdida de vidas y estructuras colapsadas. Como resultado, mediante...more

Mexico: Government Declares Non-Working Days for IMSS Proceedings and Transactions Due to Earthquake

by Littler on

On September 19, 2107, Mexico City and neighboring states were rocked by a 7.1-magnitude earthquake that inflicted grave damage, including the loss of life and collapsed structures. ...more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more

Fraudulent “Social Security Maximization” Scheme Ends With Guilty Plea

by Dorsey & Whitney LLP on

P.T. Barnum should have said “there is a new scheme born every minute.” Yesterday a Wall Street office and Sinatra songs were used to lure would-be investors to a commodity fraudster who took investor funds for his own and...more

West Wing Revolving Door and Retirement Plan Ideas Floating in D.C.

by Winstead PC on

I started writing this when Scaramucci was communications director, but before I could finish it the revolving door at the West Wing had swung again and he was out. In addition to his statements made to the press, which do...more

Hedging Bets On Social Security

by Fox Rothschild LLP on

If you have been reading the news lately, we have seen lots of electronic ink spilled over entitlement programs, especially Medicaid and its role in health care reform. Meanwhile, the report of the Trustees of the Social...more

ERISA 2nd Cir.: Four Things to Know When Trying to Offset Personal Injury Lump Sum Settlements — It Can Be Off-Putting and Tricky

You already know that most ERISA plans allow the Plan to reduce or offset long term disability payments by amounts the disabled worker receives from workers compensation or Social Security....more

Study Finds That Social Security Workers Often Provide Incomplete Information

Americans are misinformed about many aspects of Social Security, and local Social Security offices may not be helping, according to a study by the Government Accountability Office (GAO). The study found that the Social...more

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

by Reminger Co., LPA on

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement...more

Things to Remember at Tax Time

Tax day, which is April 18th in 2017, is approaching and it is time to begin crossing T's and dotting I's in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take...more

Are You Considering Remarrying in Your Senior Years?

Finding love later in life may be unexpected and exciting. The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding on next...more

The Top 7 Reasons to Establish a Special Needs Trust

Special needs trusts (SNTs) can play an important role in helping families plan for children with special needs. Here are some of the most compelling reasons to speak with your attorney about establishing an SNT....more

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

Typical Social Security Recipient Will Get $4 Benefit Increase in 2017

Social Security benefits will rise only slightly in 2017. This follows no increase in benefits in 2016 and small increases for many of the previous years. The small bump in 2017 will likely be eaten up by higher Medicare Part...more

Maine Workers’ Comp Alert: Appellate Division Rulings Update

by PretiFlaherty on

Maine Appellate Division Affirms Award for Injury Resulting from Employer-Provided Hepatitis B Vaccination - In Torrey v. Island Nursing Home, Me. WCB App. Div. No. 16-34 (October 28, 2016) the Appellate Division...more

A Question of Timing – Social Security Disability Determinations and the Administrative Record

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Court excludes evidence of Social Security disability award issued after the final decision issued on plaintiff’s claim for plan disability benefits. The decision accentuates the importance of fighting to...more

Social Security Increases for 2017

The Social Security Administration has announced changes for 2017. Social Security benefit payments will increase by .3% (3/10s of 1%) next year. The Social Security Wage Base, the amount of income subject to Social Security...more

The Administrative Procedure Act - Challenging FBAR Penalties

by Moskowitz LLP on

Over the past 10 years, thousands of U.S. taxpayers with a wide variety of circumstances have been forced to pay extraordinarily high penalties for failure to disclose foreign bank accounts. For years, tax experts said that...more

In the Line at Social Security, I Wonder, Have We Made It Too Easy to Quit?

by PretiFlaherty on

One of the smartest, most perceptive persons I have ever had the good fortune to know, a gentleman from Worcester who has had a long and highly successful career in accounting and insurance, once said to me, “I’m willing to...more

Also In The News - Health Headlines - June 2016 #4

by King & Spalding on

House Republicans Reveal Plan for Alternative to ACA – On June 22, 2016, House Republicans released a health plan in the form of a 37-page white paper outlining a series of proposals that would replace a repealed Affordable...more

ERISA: Is It Wrong to Take an Offset for Social Security Benefits Received by the Children of a Long Term Disability Claimant?

Is it wrong to take an offset for Social Security benefits received by the children of a long term disability claimant? No, says a new decision. And… just because you reinstate benefits does not mean you have to provide...more

Social Security loopholes close, but options remain open

The Bipartisan Budget Act of 2015 (BBA) closed two popular loopholes for future Social Security benefits. As a result, certain retirees may now realize less in the way of benefits during their lifetime and leave a smaller...more

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