The Disability Application Check-List: The Phone Interview 
When first applying for Social Security Disability benefits you should call your local office and request a phone interview. Yes, you should SPECIFICALLY request the phone interview which should be scheduled two weeks or so after your initial call to SSA.

The following is a check-list of items you should gather together for the phone interview:

Checklist - Adult Disability Interview:

You should have as much of the following information as possible ready for your interview. Keep your appointment, even if you do not have all of the information. We, David W. Magann, P.A., can and will help you get any missing information.

Check off the items below as you get them together for your interview.

1. Medical Information:

Names, addresses and phone numbers of all doctors, hospitals and clinics.


Patient ID number(s):


Dates seen:



2. Names(s) of medicine(s) you are taking:



3. Medical records in your possession.



4. An original or certified copy of your birth certificate. If you were born in another country, SSA needs proof of U.S. citizenship or legal residency.


5. If you were in the military service, the original or a certified copy of your military discharge papers (Form DD 214) for all periods of active duty.


6. If you worked, your W-2 Form from last year, or if you were self-employed, your federal tax return (IRS 1040 and Schedules C and SE).


7. Workers' compensation information, including date of injury, claim number and proof of payment amounts.


8. Social Security Number(s) of your spouse and minor children.


9. Your checking or savings account number if you have one.


10. Name, address and phone number of a person who we can contact if we are unable to get in touch with you.


11. Kinds of jobs and dates you worked in the 15 years before you became unable to work.



The check-list will help you collect the information you need for your interview. You should always default on making the application rather waiting to see if you might get better. Go to www.ssa.gov for more information.



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Social Security Disability and the 12 Consecutive Month Rule: Have You Heard of It? 
The basics of the 12 consecutive rule is that you as a claimant must be disabled for 12 months at one time and have not earned, as of 2008, $940.00(SGA) or more in anyone of those 12 months regarding work activity. If Social Security finds you disabled before 12 months have gone by and you then go back to work before the 12 months are up and you earn $940.00 (SGA) or more, your benefits may be immediately terminated. After 12 months have gone by then a new set of rules appply, called "Trial Work Period" (TWP) rules or the "Averaging Method" (AM) rules may be applicable. (See, SSR-83-35 for AM rules). Not to be overly technical but the following are some important cases of this often misunderstood and case shattering 12 consecutive month rule that is applicable to all claims:

In the case of Barhart v. Walton, 535 U.S. 212, 122 S.Ct. 1265, 1271-72, 152 L.Ed.2d 330 (2002), the Supreme Court held that the SSA’s interpretation of the statutory definition of disability as requiring that a claimant’s “inability to engage in any substantial gainful activity” (SGA) last, or be expected to last, for at least 12 months, was based on a lawful construction of the statue. The Court also held that the regulation set forth in 20 C.F.R. § 404.1592(d)(2), which provides that a return to work prior to the lapse of a 12-month period after onset of impairment, and prior to adjudication of disability, precludes a finding that a claimant is disabled, or is entitled to a trial work period, is a reasonable interpretation of the statue and lawful. Id. at 1273-74.

Often Social Security uses the 12 consecutive month rule as a general basis of a claim's denial because you, the claimant, have not proven that the impairment will last the entire 12 months. However, when making the application you should not let the 12 month rule deter you but you should have your treating physician give a statement that your impairment will last beyond the 12th month of disability. In fact, the sooner you make your application is always the best course of action for many other reasons not covered under this topic.

So now that we know the basics of the 12 consecutive month rule what exceptions may be applicable? The 12 consecutive month rule mispplication has been used by the Social Security Administration in cases usually involving those who had already received disability benefits, but at some point went back to work earned substantial wages and then became disabled again. Below are some fact intensive case law holdings:


The Eleventh Circuit has found that SGA only bars entitlement to benefits during periods of employment where a claimant’s employment during the last three months of a four year period only barred receipt of benefits during the SGA activity and did not undermine the original determination that the claimant met a listed impairment. Merely, the claimant would not be entitled to receive benefits during periods of employment that rise to the level of SGA. Williams v. Apfel, 73 F. Supp.2d 1325, 1341 (M.D. Fla. 1999), citing Powell on behalf of Powell v. Heckler, 773 F.2d 1572, 1576 (11th Cir. 1985).

For example, suppose a claimant had a terminal illness such as Huntington’s Disease where he was out of work for a 12 month period but such period was before 2 years of continuous SGA work and now currently was out of work for only a 6 month period. One can argue that an applicable onset date was the prior 12 month period before the 2 years of SGA work. Notably, there still must be medical evidence to support the onset date and a fact intensive case by case analysis is required.

As far as partime work the Eleventh Circuit has held that at Step Five of the sequential evaluation process, “an ability to do part-time work does not preclude a finding of disability.” Kelly v. Apfel, 185 F.3d 1211, 1214 (11th Cir. 1999). One is to keep in mind the levels of SGA for each year worked and if evidence of Impairment Related Work Expenses (IRWE) and subsidies under Social Security Ruling (SSR)-83-33 is applicable.

In dealing with the 12 consecutive month rule one must consider many factors such as the claim status and the claimant's earnings to name a couple. As a general rule it is best to seek advice from an attorney who has conducted at least several hundred hearings, if not more, in order to understand the applicability of the rule and those fact intensive claims which the 12 consecutive month rule may have an adverse effect upon in Social Security claims processing.

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Estate Taxes and Exemption and Exclusion Amounts 
Federal Estate Taxes Parameters:

On June 7, 2001, the Economic Growth and Tax Relief Reconciliation Act of 2001 was singed into law and provides for a reduction in the federal estate and gift tax rates between the years 2002 through 2009. The law also increases during those years the unified credit amount which exempts assets from the federal estate tax. For gifts made after 2001, the new law provides for a lifetime exemption amount of $1,000,000. The law provides for an outright repeal of the federal estate tax for persons dying after 2009. From 2002 through 2009, the highest estate and gift tax rates and the unified credit which exempts assets from the payment of the estate tax are the following:


Calendar Year Estate Tax Exemption Highest Estate/Gift tax rates
2007 $2 million 45%
2008 $2 million 45%
2009 $3.5 million 45%
2010 and therafter no estate tax 35% (gift tax only)

Federal Gift Taxes and Exclusions:

For gifts made in the calendar year 2006 the annual gift tax exclusion is $12,000. The annual exclusion will increase from $12,000 to $13,000 when the cost-of-living adjustment (COLA) is at least another 10%. At current levels of inflation, it may be several years before the annual gift tax exclusion rises to $13,000. Any amounts paid on behalf of any individual (1) as tuition to an educational organization or (2) as payment for the individual's medical care will not be considered a gift. The exclusion for medical expenses and tuition is in addition to the $12,000 annual gift tax exclusion and is permitted without regard to the relationship between the donor and the donee.


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SSI Title XVI Benefits and Your Work Attempt: Still Eligible? 5 Important Points  
1. Expedited Reinstatement

A disabled or blind individual whose eligibility for SSI payments ended because of earnings can request expedited reinstatement of his/her SSI benefits without filing a new application. To qualify for expedited reinstatement, the individual must make the request within 60 months after his/her eligibility ended and must have a disabling medical condition that: (1) is the same as (or related to) the disabling medical condition that led to the previous period of eligibility and (2) prevents him/her from performing substantial gainful activity. In determining whether the individual is disabled or blind, the medical improvement review standard is applied. Normal nonmedical requirements for SSI eligibility still apply.

An individual requesting expedited reinstatement may receive up to 6 months of provisional benefits while his/her request is pending. These benefits generally are not considered an overpayment if the request is denied. Provisional benefits may include Medicaid but do not include any State supplementary payments. Provisional benefits also may be received by the individual's spouse at a couple's rate if the spouse was previously eligible for SSI as a spouse.


2. Application or Re-Application Process

Individuals can apply or reapply for SSI benefits at any one of the approximately 1,300 SSA field offices around the country or through SSA teleservice centers. The claims process includes the application interview, the obtaining of necessary evidence and documentation, and the adjudication of the claim. Although many of the eligibility requirements for the Social Security program and the SSI program are different, the application process is very similar. Many times, individuals file for benefits under both programs at the same time.

SSA corroborates information provided by applicants for SSI through independent or collateral sources. Generally, the basic responsibility for obtaining evidence lies with the claimant, although SSA often gives advice and assistance on ways to obtain the needed information. Because of the special circumstances of the SSI population (for example, financial need, old age, or illness), SSA makes special efforts to assist claimants in obtaining the necessary proofs.

With regard to disability and blindness claims, SSA makes determinations of all of the nonmedical eligibility factors whereas each State's Disability Determination Services (DDS) makes determinations of the medical eligibility factors.

3. Determination of Eligibility for Benefits

SSI applications have no retroactivity and become effective in the month after the month of filing or the month after all eligibility requirements are met, whichever is later. Eligibility for benefits is determined on a current monthly basis. The amount of the monthly benefit generally is determined using income in the second month preceding the month for and in which the benefit is paid (a method called retrospective monthly accounting). However, at the start of a period of eligibility or re-eligibility, the benefits for the first and second months are both determined using the income received in the first month. (One-time, nonrecurring income would only be counted in the month received.)

4. Payment of Benefits

SSI benefits generally are paid on the first day of each month. If the first of the month falls on a weekend or legal public holiday, benefit payments are delivered on the first working day preceding such Saturday, Sunday, or holiday. While SSA strongly encourages all SSI beneficiaries to receive their monthly benefits by direct deposit, benefit payments are also made by check if individuals do not wish to have their benefits sent directly to a financial institution. Monthly benefit payments include both the Federal SSI and State amounts if the recipient lives in a State in which SSA administers the State supplementary payment. (See section III.G.)

5. Ensuring Continued Eligibility for Benefits

SSI recipients are required to have their nonmedical eligibility factors redetermined periodically, generally every 1 to 6 years depending on their specific situation.

In addition to these nonmedical reviews, medical reviews are conducted on disabled or blind recipients in order to determine if they continue to be disabled or blind. For administrative efficiency the medical reviews are done most often on those disabled or blind recipients whose medical conditions are considered likely to improve. Medical reviews are required for disabled or blind recipients, for example, under the following circumstances:

When earnings of recipients exceed the substantial gainful activity (SGA) level which changes yearly, $940.00 in the year 2008.

At least once every 3 years for recipients under age 18 whose medical conditions are considered likely to improve;

Within 1 year after attainment of age 18 and using the adult eligibility criteria, for recipients whose eligibility for SSI benefits was established under the disabled child eligibility criteria.

Applicants and recipients are required to report events and changes of circumstances that may affect their SSI eligibility and benefit amounts. Such reports are required, for example, when an individual has a change in the amount of his/her income or resources, changes living arrangements, or leaves the United States. Failure or delay in submitting a required report can result in monetary penalties or ineligibility for SSI benefits.

The basic "failure to report" penalty is $25 for the first such failure or delay, $50 for the second such failure or delay, and $100 for each subsequent failure or delay. However, in cases of fraud or false representation of material facts, SSA's Inspector General can assess civil monetary penalties in amounts as large as $5,000. SSA also has the authority to suspend eligibility to SSI benefits for periods of 6, 12, or 24 months.

Additionally, SSA may use an accelerated rate of overpayment recovery to encourage accurate reporting. Overpayments to SSI recipients are generally recovered by withholding from the monthly benefit an amount equal to 10 percent of the individual's countable monthly income. For many recipients whose only income is SSI, this amounts to 10 percent of their monthly SSI payment. However, if SSA determines that misrepresentation or concealment of material information has occurred, 100 percent of the monthly SSI benefit may be subject to recovery.

In consideration that the maximum monthly SSI benefit is about $637.00 in 2008 and may be reduced on your economic need it is important to consider any work attempt and/or other income producing endeavor or claim on a cost benefit analysis and "know the math" or your monthly budget if your SSI benefits are terminated due to the above or change in financial circumstances. Notably, any claim recovery, personal injury, auto collision claim, etc. may stop your SSI benefits indefinitely. Consult with a Social Security attorney first, before any claim settlement!



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Short or Long Term Disability Benefits: Beware of Representatives Recommended By Your Insurance Co. 
How is it that your disability insurance company can take your Social Security back benefits from right under your nose?

The answer is, you let them by signing documents with a representative the insurance company recommended and that "recommended" representative had you sign documents allowing him/her to take your back benefit monies to pay your insurance company.

How is that possible? Because there are so many documents in the application process you may not be fully aware of this "loop hole" that allows insurance company to have their cake (your disability premiums) and eat it too (your Social Security back benefits for the amount paid to you). In other words the insurance company not only received those premiums you paid but now they get all the money back for the money paid on your claim. Wouldn't you like to have the option of holding on to your back benefit monies? If yes, obtain an attorney not recommended by any insurance company. See below how the insurance company and their "recommended" representative uses the rules below to take your money.

Social Security has a general rule under GN 02410.001 Assignment of Benefits, and Section 207 of the Social Security Act (42 U.S.C 407) states: “The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.”

HOWEVER,

No Assignment is found when an insurance company that is paying long-term disability (LTD) benefits to a claimant requires the claimant to file for Social Security benefits. If the claim is allowed, the LTD benefit amount is offset by the amount of Social Security benefits received. As an incentive to induce the LTD insurer to refer claimants, a claimant’s representative offers to assist the insurer with recovering the overpayment made by the insurer to the claimant. The representative does not charge the claimant a fee for this service. The representative also makes it clear to the claimant that the claimant may pay the LTD directly and does not have to pay the LTD through the representative.

At the representative’s request, the claimant grants the representative pre-authorization to withdraw funds from the claimant’s bank account if SSA allows the claim and awards the claimant past-due benefits. AFTER the past-due benefits are deposited into the claimant’s (now an SSA beneficiary) account, the representative gets oral authorization (in addition to the pre-authorization) to transfer those funds to the LTD insurer to satisfy the LTD overpayment. The representative also documents the oral authorization.

This arrangement is not contrary to Section 207’s prohibition against assignment. The beneficiary is exercising control over the past-due benefits deposited into his account before the funds are transferred, and the beneficiary understands that he could have elected to pay the LTD directly. The representative is not getting a fee from the beneficiary and only gets a pre-authorization to transfer funds from the beneficiary’s account in order to satisfy an obligation to a third party (i.e., the overpayment of LTD benefits). The representative also gets an oral authorization AFTER the social security money is deposited into the beneficiary’s account.

The exception above is shocking to may claimants we come into contact with but many do not even know that the "recommended" representative is not on their side when it comes to an absolute right of "negotiating" with the insurance company as to how, when and how much in back benefits will be paid to the private insurer. Yes, you do have the right to negotiate with your insurance company and attempt to reduce any reimbursement! Please don't make the same mistake as many claimants who think reimbursement to a private insurer is somehow "automatic". From the start do not sign any authorization to allow anyone, especially your Social Security representation, access to your personal bank account. No representative with your interest will ask you to sign an authorization or "pre-authorization". For more information call us at 813-657-9175.



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SSI (Supplemental [Social] Security Income): A Welfare Program Under Title XVI 
Many SSI Title XVI claimant's either forget or do not fully understand that SSI is "welfare". Of course you must be found disabled but economic and household income rules apply. The definition of income comes in four (4) categories:

"Earned Income": is wages, earnings from self–employment, certain royalties and honoraria, and sheltered workshop payments.

"Unearned Income": is all income that is not earned, such as Social Security benefits, pensions, State disability payments, unemployment benefits, interest income, and cash from friends and relatives.

"In–Kind Income": is food or shelter that you get for free or less than its fair market value.

"Deemed Income": is the part of the income of your spouse with whom you live, your parent(s) with whom you live, or your sponsor (if you are an alien), which we use to compute your SSI benefit amount.

Income is anything you receive during a calendar month and use to meet your needs for food, clothing, or shelter. It may be in cash or in kind. In-kind income is not cash; it is food, clothing, shelter, or something you can use to get food, clothing, or shelter.

"Countable Income" definition: Countable income is the amount left over after:

1. Eliminating from consideration all items that are not income; and
2. Applying all appropriate exclusions to the items that are income.

For example, things that will effect your benefit amount or the qualification for SSI benefits are any and all bank accounts, retirement accounts, IRA's, CD's, etc., any payments from workers' compensation, personal injury settlements and any other cash payments will be considered for benefit reduction and/or exclusion form the SSI Program.

Unlike Social Security Disability Title II Insurance Benefits, SSI Title XVI benefits are not based on your prior work or a family member's prior work.

SSI is financed by general funds of the U.S. Treasury--personal income taxes, corporation taxes and other taxes. Social Security taxes withheld under the Federal Insurance Contributions Act (FICA) do not fund the SSI program.

In Florida, SSI beneficiaries with minor uninsured children can also get Medicaid (medical assistance) to pay for hospital stays, doctor bills, prescription drugs, and other health costs.

SSI beneficiaries may also be eligible for food stamps in every State except California. In some States, an application for SSI benefits also serves as an application for food assistance.

To get SSI benefits, you must be disabled, blind, or at least 65 years old and have "limited" income and resources as mentioned above.

In addition, to get SSI benefits, you must:

––be a resident of the United States, and
––not be absent from the country for more than 30 days;
and
––be either a U.S. citizen or national, or in one of certain
categories of eligible non–citizens.

SSI benefits are paid on the first of the month for the entire month.

The medical standards for disability are the same in both Title II and Title XVI programs for individuals age 18 or older. For more information and to review the exceptions to the aforesaid income rules please call us at 813-657-9175 and visit http://www.socialsecurity.gov/ssi/text- ... ng-ssi.htm and www.ssa.gov.







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Social Security "Life Insurance" or Survivor's Benefits and You, Eligible? 
“Life insurance” is how survivor's benefits should be thought of when you are wondering if you should or should not make a claim with the Social Security Administration. Many people think of Social Security only as a retirement program. But some of the Social Security taxes you pay go toward providing survivors insurance for workers and their families. The value of the survivors insurance you have under Social Security maybe more valuable than the value of an individual's life insurance policy. Afterall, would you allow a Life Insurance Company to keep all of the premiums and never pay an obvious claim for the money benefits you may rightly deserve!

When you die, certain members of your family may be eligible for survivors benefits. These include widows,widowers (and divorced widows and widowers), children and dependent parents.

• Your widow or widower may be able to receive full benefits at age 65 if born on or before January 1, 1940. (The age to receive full benefits is gradually increasing to age 67 for widows and widowers born January 2, 1940, or later.) Reduced widow or widower benefits can be received as early as age 60. If your surviving spouse is disabled, benefits can begin as early as age 50.

• Your widow or widower can receive benefits at any age if she or he takes care of your child who is entitled to a child’s benefit and is younger than age 16 or who is disabled.

• Your unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits.

• Your children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to your stepchildren, grandchildren or adopted children.

• Your dependent parents can receive benefits if they are age 62 or older. (For your parents to qualify as dependents, you would have had to provide at least one-half of their support.)

• Benefits for surviving divorced spouses:
If you have been divorced, your former wife or husband who is age 60 or older (50-60 if disabled) can get benefits if your marriage lasted at least 10 years. Your former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be your former spouse’s natural or legally adopted child. Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.

• How much are benefits?
How much your family can get from Social Security depends on your average lifetime earnings. A Social Security Statement, which is sent each year to every worker age 25 or older, gives an estimate of survivors benefits that could be paid.

• One-time death payment:
There is a one-time payment of $255 that can be made when you die if you have worked long enough. This payment can be made only to your spouse or child if they meet certain requirements.

For more information please call us at 813-657-9175 and you may go to www.SSA.gov


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Social Security Benefits: A Brief Look 
"We can never insure one-hundred percent of the population against one hundred percent of the hazards and vicissitudes of life, but we have tried to frame a law which will give some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age."

– Franklin D. Roosevelt’s Statement on
Signing the Social Security Act (Aug. 14, 1935).


The federal government provides benefits under two separate programs administered by SSA. The older program, known as the Old-Age, Survivors, and Disability Insurance program (OASDI), was originally proposed by Franklin D. Roosevelt and passed by Congress in 1935. At
first, benefits were available only for retired workers. Through amendments made in 1956 and 1960, Congress expanded the program to provide benefits to workers who become disabled before retirement and to their dependents, called Social Security Disability Insurance (SSD). OASDI is for individuals who have worked or for their family members. The benefit amount depends on how much a wage earner paid into the Social Security system.

Congress created the Supplemental Security Income (SSI) program in 1972 (The program came into effect in October, 1974)to provide benefits to a separate and more vulnerable group—needy individuals unable to work as a result of disability or advanced age. SSI is for individuals who are disabled or elderly, have little or no work experience, and who are very poor. Their benefit amount is fixed. To qualify for SSI, an individual cannot have more than $2,000 in resources and a married couple must have less than $3,000.


As of December 2005, there were 48.4 million OASDI recipients,10 and, as of March 2007, there were 7 million SSI recipients. Access to benefits is especially important to SSI recipients because more than
half of them have no other income.


Sources: (1)See Social Security Online: The Official Website of the U.S. Social Security Administration, Historical Background and Development of Social Security, March 2003, http://www.ssa.gov/history/briefhistory3.html
(2) Office of Policy, U.S. Social Security Administration, Annual Statistical Supplement, 2006, available at
http://www.ssa.gov/policy/docs/statcomp ... asdi.html.
(3) Office of Policy, U.S. Social Security Administration, SSI Monthly Statistics, March 2007, available at
http://www.ssa.gov/policy/docs/statcomp ... le02.html.
(4) Office of Policy, U.S. Social Security Administration, SSI Annual Statistical Report, 2004, available at
http://www.ssa.gov/policy/docs/statcomp ... ndex.html.

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Update on How to Get the Best Representation... Beware! 
How to Get the Best Representation
and
Why You Need A Florida Bar Licensed Attorney

Is your representative an attorney? This seems to be a silly question but often those who we meet with either do not know or mistakenly think their representative is an attorney when the representative actually is NOT! Also many individuals we see with Social Security claims may mistakenly have a representative not licensed in the State of Florida.

Beware that some Florida law firms are sending paralegals, NOT an attorney, to Hearings before the SSA. We believe for a Florida law firm to advertise that they do Social Security claims and then send a file clerk or paralegal with you to a hearing is unethical and misleading. We reiterate if you do not initially meet with the attorney who will be representing you then you should seek other representation!


Because the Social Security claim is a Federal/ “administrative claim” the law allows for less stringent guidelines, then the State of Florida for example, for those to represent you in your legal proceedings up to the “Hearing” level. Unfortunately the less stringent Federal/administrative standards often mislead claimant’s in regards to representative qualifications. The Social Security Protection Act of 2004 has attempted to partially regulate those non-attorney representatives however, implementation will be a long process and is less than remedial at best.

The Three Step common sense approach to choosing a representative is an easy checklist: (1) You should meet with the attorney who will be representing you! If you do not meet with the actual attorney and have not discussed the “strategy” of winning your claim then you may want to seek other counsel; (2) Review the representative’s qualifications, is he or she licensed in the State of Florida? How many Social Security cases has the representative personally handled?; (3) Does your representative have offices where you can see him/her when there are issues about the claim, such as for a pre-hearing interview and for the “legal brief” that should be submitted to the Judge prior to your hearing. Often claimant’s may not speak to and/or see their representative until the hearing which can cause serious ramifications in regards to the decision. Also a legal brief should be submitted to the Judge prior to the hearing. Ask your representative if he/she will be submitting a “legal brief” to the Judge!

The Florida Bar exists to protect you from unethical, unqualified and improperly trained representation. It exists for your protection and can act as a mediator and yes, complaint department when attorney-client problems arise. Failing to have a Florida Bar Licensed Attorney will not allow you to utilize the “safety net” of the Florida Bar procedures for your protection.

If you are wondering whether your representative is a Florida Bar licensed attorney you can call us at 813-657-9175 or e-mail us from this site and/or go to www.FLABAR.org and look your representative up on that website. Do not assume that if your representative is with a law firm that he or she is an attorney, VERIFY IT, flabar.org.



By: David W. Magann, Esq.


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Survivor Benefits and Social Security Trivia 
Survivors benefits:

When you die, your family may be eligible for benefits based on your work. Family members who can collect benefits include a widow or widower who is:
60 or older; or
50 or older and disabled; or
Any age if he or she is caring for your child who is younger than 16 or disabled and receiving Social Security benefits.
Your children can receive benefits, too, if they are unmarried and:
Younger than 18 years old; or
Between 18 and 19 years old, but in an elementary or secondary school as full-time students; or
Age 18 or older and severely disabled (the disability must have started before age 22).

Additionally, your parents can receive benefits on your earnings if they were dependent on you for at least half of their support.

Payment after death:

If you had enough credits, a one-time payment of $255 also will be made after your death. This benefit may be paid to your spouse or minor children if they meet certain requirements.



Some facts about Social Security:

2006 Social Security taxes
You and your employer each pay 6.2 percent
If you are self-employed, you pay 12.4 percent
You do not pay Social Security taxes on any earnings above. $94,200
2006 Medicare taxes
You and your employer each pay 1.45 percent
If you are self-employed, you pay 2.9 percent
Medicare taxes are paid on all of your earnings;
there is no limit.

Work credits in 2006:
For each $970 you earn, you receive one Social Security ““credit,”” up to four per year.

Most people need 40 credits to be eligible for retirement benefits.
Younger people need fewer credits to qualify for disability and survivors benefits.

Average 2006 monthly Social Security benefits
Retired worker: $1,002
Retired couple: $1,648
Disabled worker: $939
Disabled worker with a spouse and child: $1,571
Widow or widower: $967
Young widow or widower with two children: $2,074

2006 monthly SSI (Social Secutiy Income,(Welfare)) payment rates (does not include state supplement, if any)
$603 for an individual
$904 for a couple


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