Social Security Benefits

News & Analysis as of

When Life Changes, the Social Security Administration Needs to Know

While the Social Security Administration (SSA) frequently conducts reviews to make sure that people who receive Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are still eligible for those...more

When is the optimal time to begin receiving Social Security?

When to begin receiving Social Security benefits depends on each person’s individual circumstances. This article shows how to determine a breakeven point — the age at which the dollar value of more (but smaller) payments...more

Reasonable attorney fees did not include underlying administrative hearing process against Social Services, court determines

In K.I. v. Wagner, 2014 DJDAR 5546 (2014), the California Court of Appeal for the Fourth Appellate District granted partial attorney fees in a social security proceeding. An attorney represented a minor who was disabled by...more

11th Circuit Court of Appeals Mandates Proactive Gathering and Review of SSA Information in LTD Benefit Review

Not long ago, the Unites States Supreme Court in MetLife v. Glenn, 128 S. Ct. 2343 (2008) gave a stern warning to plan fiduciaries who required a claimant to apply for disability benefits with the Social Security...more

Divorce and Retirement: Social Security Administration vs. California Family Law

According to the Social Security Administration’s website, the 1983 Social Security Amendments included a provision for raising the full retirement age beginning with people born in 1938 or later. The Congress cited...more

Disability Benefits Every Injured Victim Should Explore

Paying the cost of medical care is of paramount concern for people who have been seriously injured or disabled in accidents. Learning to cope with restricted mobility or speech deficiencies requires continuous, on-going...more

2014 COLAs For Employee Benefit Plans

The Internal Revenue Service has announced the 2014 cost of living adjustments to various limits on employee benefit plans. The adjusted amounts generally apply for plan years beginning in 2014. ...more

Benefit Limits and Contributions for 2014

The Commissioner of Internal Revenue has adjusted the dollar limitations for benefits and contributions that apply to retirement plans. The Social Security Administration has also increased the Social Security taxable wage...more

Increased Social Security Disability Claims And Benefit Recipients Are Creating Some Major Concerns

In the last 10 years, the number of people receiving Social Security Disability (SSD) benefits increased from about 7.6 million to 11 million. Since 2007, claims for benefits increased by 25 percent. The massive volume of...more

The Impact of Windsor on Social Security Benefits and FMLA Rights

In light of the U.S. Supreme Court in United States v. Windsor, which struck the Defense of Marriage Act (DOMA) provision limiting marriage to opposite sex spouses, the government agencies have been working on updating...more

Government Benefits For Nursing Home Care

For those nursing home (and assisted living) patients who can qualify financially, Medicaid will provide coverage for as long as needed, unlike the very minimal 100 day maximum under Medicare. As a general rule, the patient...more

A Review Of The Supreme Court’s 2012-2013 Term

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

How Does The Supreme Court’s DOMA Decision Impact Employers?

The U. S. Supreme Court has declared unconstitutional a portion of the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman....more

U.S. Supreme Court Ruling: Defense of Marriage Act ("DOMA")

While the U.S. Supreme Court(the “Court”) ruled section 3 of the Defense of Marriage Act (“DOMA”) unconstitutional, that does not mean that the changes for human resources departments and employee benefits plans can be...more

How Does The Fall Of DOMA Impact The FMLA And Other Employee Benefits?

Unless you've been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of...more

Update: Banks Must Protect Depositors' Social Security and Other Federal Benefits from Garnishments - Treasury Issues Final Rule

The U.S. Treasury and four other federal agencies jointly issued their final rule1requiring depository institutions to protect up to two months’ worth of their depositors’ direct deposits of Social Security and certain other...more

Say "Goodbye" to Your 401(K) Plan as You Know It?

From time to time, we hear about threats to the Social Security System – even talk about eliminating it for younger workers. Some reports indicate that about half of Americans have less than $10,000 in savings, while other...more

ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving...

What happens when an ERISA claimant submits contradictory statements to the Social Security Administration and the ERISA plan administrator? Can these contradictory statements be used to deny the ERISA claim? YES....more

Offset Required For Attorney Fee Award In Social Security Case

In Parrish v. Commissioner of Social Security Administration, 2012 DJDAR 15223 (2012), the U.S. Court of Appeal for the Ninth Circuit decided a unique attorney fee case arising out of a dispute relating to the claimant’s...more

Three Questions Boomers Need to Ask Their Lawyers about Grey Divorce (Part I)

Grey divorce is the phenomenon of increasing divorces among those persons over 50 years old: Baby Boomers. Grey divorce presents complex issues not experienced by younger individuals. Many lawyers are not familiar with the...more

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