Babut Law Offices, PLLC Ypsilanti Social Security Lawyer | Bankruptcy Attorney2023-06-01T10:04:01Zhttps://www.babutlawssd.com/feed/atom/WordPress/wp-content/uploads/sites/1203282/2021/04/cropped-site-icon-32x32.jpgOn Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=514192022-08-27T15:20:35Z2022-08-27T15:20:35Zelder care plan will ensure that both the caregivers and the aging adult get the resources and support needed to be healthy and safe. These tips can help you develop a strategy for caring for an aging loved one.
1. Build a team
Adult children usually converse about an aging parent’s health amongst themselves, and when a serious illness or incident occurs, the talk progresses into action. Leaving the preparation or decision until the last minute is not in the best interest of the aging individual or family. Develop a team of trusted family members to build a strategy for the daily care, finances and health concerns of the aging loved one.
2. Develop a customized plan
With loving people in place, realistically assess your loved one’s situation. Everything, whether finances or medication, needs consideration. Use this information to prioritize the needs and set goals for care, delegating tasks among the team.
3. Put protections in place
Elder care professionals can help ensure that your loved one is safe from situations of financial abuse, neglect or a lack of necessary services or resources. Medical help, legal counsel and financial planners can assist you with protecting your loved one.
Once your plan is in place, it may continue to evolve as new challenges arise. Caring for an aging loved one is hard work, but it is easier with the right team and plan in place.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=513522022-06-18T14:57:14Z2022-06-19T14:57:03ZWhat is a will?
A will is a legal document that specifically lays out your plans for distributing your assets and caring for your minor children in the event of your death. You can create a will at any point and make changes to it whenever necessary. Should you pass away without a will in place, either the court or the state decides what happens to your assets. Having your will and estate plan officially prepared by professionals helps avoid challenges and issues for your family.
What is a trust?
A trust is similar to a will in that it lays out your plans for property distribution. However, you, the trustor, name someone as your trustee. The trustee ensures the plans for your estate, namely asset distribution, carry out as you wish. Who you choose as your trustee is up to you. It can be an individual, more than one person or a company.
Which one is better?
Both wills and trusts have individual advantages. Neither is better than the other. Depending on your situation, you may prefer one over the other, or you may want both. For example, a trust allows your family to avoid probate court, but a will does not.
Before you decide what you want to include in your estate plan, assess your situation and discuss with professionals what best protects your assets and your family.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=513492022-06-18T14:51:19Z2022-06-18T14:51:19ZBack and neck injuries
Neck, back and spinal injuries are among the most common reasons to seek disability benefits. However, the SSA denies claims for disabilities that are not severe or long-term. MRIs, CT scans, test results and testimony from your health provider can prove that your injury prevents you from working for longer than a year.
Chronic migraines
Chronic headaches can make it impossible to work. Unfortunately, migraines are not on the SSA's list of accepted conditions. Having records of doctor's reports, prescribed medications and treatments can help your case. In many cases, chronic migraines go hand in hand with a mental disability, which can help your case.
Fibromyalgia
Although fibromyalgia is on the SSA's list of accepted conditions, it is difficult to diagnose. The chronic pain and fatigue associated with fibromyalgia could lead to a misdiagnosis. Consulting a rheumatologist can help you prove the extent of your disability.
Mental disorders
Mental disorders such as depression, anxiety and post-traumatic stress disorder are qualifying disabilities that are difficult to prove. Having a long history of medical treatments and contact with a mental health practitioner can improve your case. The best way to make a valid claim is to combine your mental disability claim with a physical one.
Overall, having records of your condition is the best way to ensure the SSA accepts your claim. Use a filing cabinet, accordion notebook or another organizational tool to ensure you can easily find your documents.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=513232022-04-27T21:51:21Z2022-04-27T21:51:21Zmonetary and criminal penalties.
How are unemployment and SSD programs different?
While the state pays unemployment benefits, the federal government handles disability payments. These programs also differ in what type of aid they provide.
Unemployment benefits offer temporary payments to help you financially as you seek new work. By accepting this assistance, you admit that you are physically able to work and actively seeking employment.
By contrast, Social Security Disability benefits may be available to you if a disabling condition prevents you from returning to work at all or only returning under limited circumstances.
What penalties might you face for collecting both?
If you collect unemployment compensation prior to submitting a Social Security Disability claim, you may have to repay the unemployment amounts you received. You might also face charges of criminal fraud.
In some very limited circumstances, you can collect unemployment benefits while your SSD claim is pending. However, to avoid the risk of penalties, you may want to contact your local Social Security office before applying for SSD.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=513202022-03-18T17:14:42Z2022-03-18T17:14:42Zaccept your parent's insurance or fit within their budget and schedule a visit. Keep these tips in mind when you tour the locations.
Look for comfortable living spaces
An ideal venue makes your parent happy and comfortable in their personal area. Living space varies depending on the following preferences:
shared rooms or private apartments
furnished spaces or the option to bring personal belongings
private versus shared bathrooms
personal kitchens or food only in a cafeteria
pet-friendly area or service animals only
Consider your parent's hobbies
If your parent is still independent, look for facilities that provide entertainment. Some places have libraries, movie rooms, community events and parties. Larger establishments might have outdoor gardens, workshops and regular field trips. Finding a place that offers as many of the things your parent enjoys makes a change in living arrangements easier.
Keep the long-term in mind
Look for a facility that can care for your parent long-term. An ideal location provides different levels of care as your parent ages.
Are ramps and doorways wide enough for walkers and wheelchairs
Is nursing care available without moving rooms
Can staff manage medications
Do physicians oversee resident care
Long-term care facilities are costly, and your parent should not have to settle for an undesirable location based on budget. Encourage your parent to prepare with asset management long before the need arises.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=513172022-02-16T16:39:44Z2022-02-16T16:39:44Zeliminate debts via discharge.
What is debt discharge?
In simple terms, discharging debt means getting rid of it. Any obligations that the court decides to remove are no longer your responsibility. A judge will declare you no longer personally liable for any amount forgiven. Collectors will be legally required to stop contacting you about these payments in the future.
What debts are dischargeable?
A vast majority of liabilities are forgivable. Pardoned balances often include car and housing loans, credit card bills, utility bills and medical bills. All obligations you wish to have eliminated have to pre-date your filing. They must also be free of fraudulent activity.
What debts are not dischargeable?
While discharge can wipe out most monetary baggage, certain things do not qualify for dismissal. Obligations not eligible for forgiveness include:
Fines stemming from criminal charges
Bills for injuries suffered while under the influence of drugs or alcohol
Student Loans
Unpaid taxes
Money owed to retirement funds
Child support commitments
Alimony payments
Filing for bankruptcy sounds scary, but the relief it brings comes with a second chance at your future. Understanding if your debts are eligible for a discharge is the first step towards financial freedom.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=512912022-01-05T22:25:01Z2022-01-05T22:25:01Zhow filing for bankruptcy impacts SSI or SSDI payments. However, chances are, you should be able to file for bankruptcy without your doing so potentially jeopardizing your ability to utilize Social Security benefits.
Understanding what constitutes exempt property
There are two main types of personal bankruptcies: Chapter 7 and Chapter 13 filings. There are some very important differences between the two. However, the bottom line is, Social Security payments you receive are exempt from bankruptcy proceedings. This holds true regardless of what type of bankruptcy filing you pursue.
Proving what property is exempt
When you receive Social Security funds, you need to exercise care in keeping them separate from your other financial accounts. These payments are only exempt if you are able to prove with absolute certainty that they come from the SSA. This means you may not commingle the money with other money you might have or receive from other sources.
Every situation is different, but there is a good chance that you should be able to file for personal bankruptcy without losing your Social Security benefits as a result.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=512882021-12-24T20:22:15Z2021-12-24T20:22:15Zprobate process in Michigan.
Establish a trust
Michigan allows assets held in a trust to bypass probate. You can create a living trust, then transfer property to ownership of the trust. The trust documents indicate who will receive specific assets upon your death and name a trustee to administer the trust property. You can change or update a living trust at any time.
Name account beneficiaries
You can also avoid probate for some types of accounts by designating beneficiaries. The person you name to inherit the account can claim it outside of probate with a court affidavit. Examples in Michigan include:
Annuities
Life insurance policies
Retirement plans, such as 401(k) and IRA accounts
If you own bank or investment accounts together with your spouse or another person, he or she will receive the proceeds under Michigan's right of survivorship.
Give during your lifetime
You can take advantage of gift exclusions to pass along assets during your lifetime and save on taxes. Doing so can help you avoid probate by reducing the size of your estate below Michigan's required threshold, which is $24,000 for 2022. Also in 2022, you can give up to $16,000 to each individual tax-free up to a total gift tax exclusion amount of $12.06 million.
Understanding these strategies to avoid probate can help you create an estate plan that fits your needs.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=512362021-10-18T20:10:12Z2021-10-18T20:08:06ZAssuming eligibility, incomplete records
Here are some mistakes that people sometimes make when researching and applying for SSD benefits:
Presuming that you are eligible: Your job must be covered by SSA laws, and you should be paying into the system. You also must have worked long enough to secure enough work credits and cannot work for at least a year. Also, not every physical or mental disability qualifies you for SSD benefits. Have a firm understanding whether your ailment qualifies
Assuming you will receive benefits: Between 2009 and 2018, denied disability claims averaged 66%. During that timeframe, the SSA awarded only 21% of applicants who made initial claims. Roughly 11% of applicants were awarded benefits after reconsideration and appeals. That means just 32% of applicants received a final award during that 10-year period.
Neglecting to thoroughly organize your paperwork: Organization is crucial. Often, the SSA denies claims because the proper documentation was not in place. Applicants must retain thorough medical records, including accident reports, physician visits, surgeries and test results.
Avoiding these mistakes will gain you a much chance in securing SSD benefits.
Apply for benefits and understand the rules
Do not hesitate to apply for SSD benefits. However, when you do, make sure to understand the guidelines and follow every direction during the application process. Seeking insight from a knowledgeable legal ally would be a good idea, too.]]>On Behalf of Babut Law Offices, PLLChttps://www.babutlawssd.com/?p=509722021-09-22T14:41:32Z2021-09-22T14:41:32ZWhat mental disorders qualify for SSDI benefits?
The Social Security Administration acknowledges various mental conditions that can affect a person's employment status. However, there are several factors the SSD program reviews to determine your eligibility, and each type has its own set of qualifications. Some typical considerations include:
A doctor must formally diagnose you with the condition
You have a long-term condition
You receive treatment and comply with your doctor's recommendations
The disorder hinders you from doing your work
Your mental health concerns prevent you from training for a new career
What steps help qualify your mental illness for disability benefits?
To gain SSDI benefits, you need to prove that your disorder meets the SSA requirements. This process can be challenging, but you can take some steps to help your case.
Keep records of the ways your condition affects your necessary daily tasks
Ask your former employers, family members, doctors and psychologists to write letters explaining how your illness inhibits your employment ability
Gather your medical records and all treatment paperwork
When you have a mental health condition that limits your income-earning potential, you may qualify for SSDI benefits. Understanding the qualifications, the application process and the laws helps you gain the assistance you need.]]>