http://sheriabrams.com/blog Virginia Disability Law Blog Sun, 08 Nov 2009 04:08:04 +0000 http://backend.userland.com/rss092 en http://creativecommons.org/licenses/by/2.0/ Click here for a wonderful article on the 21 websites to get prescription payment assistance http://sheriabrams.com/blog/other/21-websites-prescription-payment-assistance/ Most people have heard the terms "will" and "trust," but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan. One main difference between a will and a trust is ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/difference-trust/ President Barack Obama just signed hate crime legislation that extends federal hate crimes to include those committed against people because of gender, sexual orientation, gender identity or disability. It also loosens limits on when federal law enforcement can intervene and prosecute crimes. Obama said in East Room reception, surrounded by supporters, ... http://sheriabrams.com/blog/disability-rights/president-obama-signs-hate-crimes-law-protecting-people-disabilities/ The Circle of Support Conference is a conference for families of children with special needs and the professionals who work with them. The conference is sponsored by the ARC of Prince William County. The conference is taking place on Saturday, November 7, 2009 from 8:30 AM until 3:30 PM. The ... http://sheriabrams.com/blog/law-firm-information/attorney-sheri-abrams-speak-circle-support-conference/ Unfortunately, a diagnosis of a terminal illness often comes with many expenses. If you need money to pay for your medical care or comfort, you may be able to use your life insurance policy to get some immediate cash. "Viatical settlements" allow terminally ill individuals to sell their life insurance ... http://sheriabrams.com/blog/disability-and-life-insurance/cash-life-insurance-policy-terminally-ill/ Fairfax Virginia Attorney Sheri Abrams has been selected by her peers as a member of Virginia's Legal Elite for 2009. In cooperation with the Virginia Bar Association, Virginia Business magazine asked lawyers throughout the commonwealth to nominate the best in their profession in 15 practice categories. Ms. Abrams will be listed with ... http://sheriabrams.com/blog/law-firm-information/sheri-abrams-named-2009-virginia-legal-elite/ President Obama just announced his intent to nominate Disability Expert Chai R. Feldblum for Commissioner of the Equal Employment Opportunity Commission (EEOC). The EEOC has five commissioners. Chai Feldblum, a law professor at Georgetown University Law Center, previously served as legislative counsel to the AIDS Project of the American Civil ... http://sheriabrams.com/blog/other/chai-feldblum-nominated-eeoc-commissioner/ Good News: If you are – or know someone — applying for Social Security disability benefits, the waiting time for a decision is likely to be shorter rather than longer. Since 1999, the number of people waiting for a decision on disability benefits swelled — and the waiting times became ... http://sheriabrams.com/blog/social-security-disability-information/shorter-wait-social-security-disability-benefits/ Associated Press – The Social Security Administration makes it official Thursday: There will be no cost of living increase for Social Security recipients next year, the first year without one since automatic adjustments were adopted in 1975. The announcement comes as President Barack Obama and key members of Congress call ... http://sheriabrams.com/blog/social-security-disability-information/social-security-official-cola/ Productivity and Processing Times Also Improve Michael J. Astrue, Commissioner of Social Security, today announced that for the first time since 1999, the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to ... http://sheriabrams.com/blog/social-security-disability-information/social-security-hearings-backlog-time-decade/ From the White House (10/5/09): FOR IMMEDIATE RELEASE Washington, D.C. – President Obama today announced that his Administration is taking several steps to ensure that there is fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The announcement comes ... http://sheriabrams.com/blog/disability-rights/president-obama-announces-new-initiatives-during-national-disability-employment-awareness-month/ October 14, 2009 - 3:00 p.m. The Lupus Foundation of America is proud to present live moderated chats, featuring the nation's leading experts in lupus. This is your opportunity to ask a question and learn more about lupus from thought leaders in a number of medical ... http://sheriabrams.com/blog/speechespresentations/attorney-sheri-abrams-to-host-webchat-on-workdisabilityssdihealth-insurance-for-the-lupus-foundation-of-america/ An Executor/Executrix is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, partner, an adult child, a relative, or a friend to fulfill this duty. If no Executor/Executrix is named in a will, a Probate Judge will appoint one. ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/what-is-an-executorexecutrix-and-what-do-they-do/ Sheri Abrams (an attorney specializing in disability law) will be on hand at Fairfax Hospital's Physician Center on October 4th to discuss employment and disability law as it relates to Tourette Syndrome and associated disorders. Additional speakers may participate as well. Time to be Announced. Address of Fairfax Hospital 3300 Gallows ... http://sheriabrams.com/blog/speechespresentations/attorney-sheri-abrams-to-give-presentation-on-employment-and-disability-law-for-the-tourette-syndrome-association-of-greater-washington/ A U.S. district court has approved a settlement agreement between the Social Security Administration (SSA) and a group of individuals who had their benefits automatically withheld because of outstanding arrest warrants against them. The SSA has agreed to repay more than $500 million in benefits that were withheld since Jan. ... http://sheriabrams.com/blog/social-security-disability-information/social-security-stops-suspending-benefits-based-on-existence-of-arrest-warrant/ Michael J. Astrue, Commissioner of the Social Security Administration, announced that the agency has entered into an agreement with Microsoft to test the use of Microsoft's HealthVault application in the disability process. HealthVault is a free online service that enables people to gather, store and manage their families' health information, and ... http://sheriabrams.com/blog/social-security-disability-information/social-security-to-test-use-of-microsofts-healthvault-in-disability-cases/ Special Topic Seminar: ENHANCING THE QUALITY OF LIFE WITH LUPUS DEALING WITH DISABILITIES AND OTHER ISSUES Topics Include: Independent Living Employment Communicating with Others Financial Resources SPEAKERS: Patricia Jackson LFAGW Support Group Leader Sheri Abrams, P.C. Fairfax Virginia Attorney specializing in Social Security Disability Law Steven Nissen, M.S., CRC National Multiple Sclerosis Society- National Capital Chapter Director of Employment Programs Director of Operation Job Match ... http://sheriabrams.com/blog/speechespresentations/attorney-sheri-abrams-to-speak-at-lupus-disability-seminar-on-september-12th/ The Associated Press reports that millions of older people and the disabled face shrinking Social Security checks next year, the first time in a generation that payments would not rise. The trustees who oversee Social Security are projecting there won't be a cost of living adjustment (COLA) for the next two ... http://sheriabrams.com/blog/social-security-disability-information/millions-face-shrinking-social-security-checks/ The Baltimore Sun reports that nearly 30 years after the Social Security Administration opened its $92 million Metro West complex on Baltimore's west side, federal officials are planning to move 1,600 employees from there to an office building to be constructed near the Reisterstown Plaza Metro station in Northwest Baltimore. The ... http://sheriabrams.com/blog/social-security-disability-information/social-security-administration-planning-move/ A federal judge in San Francisco gave preliminary approval this August to a plan by the Social Security Administration to pay $500 million to settle a class action lawsuit brought on behalf of 80,000 recipients who lost their benefits, starting in 2007, after being classified as individuals using government benefits ... http://sheriabrams.com/blog/social-security-disability-information/500m-government-settlement-could-aid-200000-social-security-eligible-individuals/ Because of its size and cost, Medicaid has been called the "workhorse" of the U.S. health system. Now it's front and center in the debate on overhauling the U.S health system and expanding coverage to the uninsured. With 60 million enrollees, Medicaid dwarfs other insurance programs, including its cousin, Medicare, which ... http://sheriabrams.com/blog/medicaremedicaid-information/what-is-medicaid/ President Barack Obama signed the Convention on the Rights of Persons with Disabilities on the 19th anniversary of the Americans with Disabilities Act. By signing the convention, the United States joins more than 100 countries in supporting the United Nations effort to remove barriers for the estimated 650 million people around the world ... http://sheriabrams.com/blog/disability-rights/president-obama-signs-disability-rights-treaty/ (Time Magazine) Social Security officials say they expect an even larger spike in new disability claims than before, as aging, injured baby boomers tumble out of the work force and need income.Officials estimate they'll receive 3.3 million new disability claims over the next year, up from their previous estimate of ... http://sheriabrams.com/blog/social-security-disability-information/time-magazine-article-social-security-disability-benefit-claims-begin-surge/ To be eligible for Social Security Disability benefits, a claimant must not be able to return to their past work, nor do any other work that exists in the national economy. A disability under Social Security must also last at least 12 months or be expected to result in death. Submitting ... http://sheriabrams.com/blog/social-security-disability-information/social-security-disability-and-unemployment/ Hospitals often give patients a health care power of attorney (health care proxy) form to sign on being admitted.   While signing a generic health care power of attorney form is better than not signing one at all, these documents vary in the amount of care that has gone into their ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/be-cautious-of-generic-health-care-powers-of-attorney-forms/ On June 22, 2009 the U.S. Department of Housing and Urban Development joined President Obama's commemoration of the tenth anniversary of the Supreme Court's Olmstead decision by announcing that it will offer rental assistance to 4,000 non-elderly families with disabilities, including 1,000 vouchers specifically targeted to those transitioning out of ... http://sheriabrams.com/blog/disability-housing-information/hud-to-offer-housing-assistance-to-4000-americans-with-disabilities/ Adults covered by Medicare who have limited income and resources may be eligible for extra help - available through Social Security - to pay part of their monthly premiums, annual deductibles, and prescription co-payments.  The extra help is worth an average of $3,900 per year. To figure out whether a Medicare ... http://sheriabrams.com/blog/medicaremedicaid-information/help-for-those-on-medicare-with-prescription-costs/ Individuals with various health conditions are often reluctant to leave jobs because they are afraid pre-existing condition clauses will limit coverage of any such conditions under a new insurance plan. HIPAA (Health Insurance Portability and Accountability Act of 1996) limits the amount of time an insurer can refuse to cover ... http://sheriabrams.com/blog/hipaa/what-is-hippa-and-what-does-it-mean-to-me/ If an individual has group health insurance through his or her employer, the individual, his or her spouse and dependents can continue that coverage for eighteen months if a "qualifying event" (causing the employee to lose insurance coverage) takes place. This right to obtain continued coverage under COBRA only applies ... http://sheriabrams.com/blog/cobra-information/what-is-cobra-and-how-does-it-work/ Press ReleaseFOR IMMEDIATE RELEASE Abrams, Sheri R Receives 2009 Best of Fairfax Award Best of Fairfax Award Honors Their Achievement FAIRFAX June 8, 2009 -- Abrams, Sheri R has been selected for the 2009 Best of Fairfax Award in the Local Business category. Each year, The Best of Fairfax Award Program recognizes outstanding local ... http://sheriabrams.com/blog/law-firm-information/attorney-sheri-abrams-has-been-selected-for-the-2009-best-of-fairfax-award-in-the-local-business-category/ Disabilities take many forms, and not all of them affect a person with special needs' ability to make decisions. In fact, although many, if not most, people with either mental illness or some form of cognitive disability may require significant care, they can still carry out most day-to-day activities. In ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/most-adults-with-special-needs-require-estate-planning-documents/ The Senate Finance Committee is working on ideas to change the way people become eligible for and utilize the Medicaid Home and Community Based Services Waiver Program.The Medicaid Home and Community Based Services Waiver is a federal program administered by the states, which provides funding for people with disabilities to ... http://sheriabrams.com/blog/medicaremedicaid-information/senate-considers-making-changes-to-the-medicaid-waiver-program/ Metro is reminding riders that priority seats located near the center doors of every rail car are meant for people with disabilities and older adults.As part of the Americans with Disabilities Act (ADA), public transit authorities are required to make priority seating available for people with disabilities and older adults. While ... http://sheriabrams.com/blog/transportation-for-the-disabled/metro-launches-priority-seating-campaign-for-disabled-riders/ By June 4, 2009 more than 52 million stimulus payments of $250 each should have been received by eligible Social Security and Supplement Security Income (SSI) recipients. If you feel you should have received a payment, and did not, call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security office. Not everyone ... http://sheriabrams.com/blog/social-security-disability-information/all-social-security-stimulus-payments-should-have-been-received-by-june-4th/ Though the vast majority of America's 2.6 million children with special needs will need costly care long after their parents have passed away, few parents are prepared for that day.  New research sponsored by The Hartford Financial Services Group, Inc. has found that three in five (62%) parents of children ... http://sheriabrams.com/blog/special-needs-trusts-information/most-parents-of-children-with-special-needs-lack-a-plan-to-cover-a-lifetime-of-care/ Although the typical Social Security Disability Insurance (SSDI) recipient has worked for a fairly long time before the onset of his/her disabling condition, an adult who became disabled before turning 22 can also qualify for SSDI if she/he has a parent who meets certain qualifications. SSDI is a federal program primarily ... http://sheriabrams.com/blog/social-security-disability-information/adult-children-with-disabilities-can-qualify-for-social-security-benefits-on-parents-work-records/ For the first time in more than three decades, recipients of Social Security benefits (including Social Security Disability benefits) will not get any increase in their benefits next year, federal forecasts show. The absence of a cost-of-living adjustment, calculated under a formula set by law, will be a shock to older ... http://sheriabrams.com/blog/social-security-disability-information/social-security-benefits-not-expected-to-increase-in-2010-or-2011/ Across the United States, people with disabilities with the lowest incomes faced an extreme housing affordability crisis as rents for moderately priced studio and one-bedroom apartments soared above their entire monthly income. The national average rent for a one-bedroom unit climbed to $749 per month in 2008 - higher than ... http://sheriabrams.com/blog/disability-housing-information/study-finds-extreme-housing-affordability-crisis-for-people-with-disabilities/ As the economy worsens, incidences of financial abuse on the disabled are reportedly on the rise. The disabled are particularly vulnerable to scams or to financial abuse by family members in need of money. A recent study found that up to one million disabled Americans may be targeted yearly.  Family ... http://sheriabrams.com/blog/other/how-to-prevent-detect-and-report-financial-abuse-of-the-disabled/ Michael J. Astrue, the Commissioner of Social Security, says benefits for tens of thousands of people with disabilities are being delayed by furloughs and layoffs of state employees around the country.  State officials have announced furloughs, layoffs and hiring freezes to help balance budgets battered by the recession. Claims are evaluated ... http://sheriabrams.com/blog/social-security-disability-information/state-cuts-delay-social-security-disability-benefits/ Once you become eligible for Medicare, you will be inundated with offers from insurance companies for Medigap (supplemental insurance) policies.  Sorting through these offers can be confusing.  Not only are there 12 standardized plans, but there can be huge differences in premiums between companies. Medicare plans A and B cover only ... http://sheriabrams.com/blog/medicaremedicaid-information/how-to-choose-a-medigap-policy/ We all know we are supposed to do estate planning, but not all of us get around to it.   So what happens if you don't have a will when you die.  Your estate will be distributed according to state laws, which may or may not be the way you want ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/what-happens-if-you-die-without-a-will/ The American Recovery and Reinvestment Act of 2009 (known as the Stimulus Bill) provides a premium reduction to certain qualified individuals.  Individuals eligible for COBRA coverage who were involuntarily terminated by their employer on or after September 1, 2008 through December 31, 2009 who are eligible for COBRA and elect ... http://sheriabrams.com/blog/cobra-information/cobra-premium-reduction-under-the-stimulus-bill/ As part of the American Recovery and Reinvestment Act (aka the stimulus bill), Congress has authorized one-time $250 payments to most Social Security, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries. Checks to those who were eligible for benefits under the programs during November or December 2008 ... http://sheriabrams.com/blog/social-security-disability-information/stimulus-payments-to-social-security-recipients-to-arrive-in-may/ With the current recession affecting nearly everyone in one way or another, most people would jump at the chance to earn additional income or to receive a large cash gift from a friend or relative. But for Supplemental Security Income (SSI) beneficiaries, extra income sometimes causes more problems than it's ... http://sheriabrams.com/blog/social-security-disability-information/the-problem-with-extra-income-and-ssi-eligibility/ If you elected to take Social Security benefits before your full retirement age and are now thinking that this may have been a mistake, there may be an answer.  Once you reach full retirement age, you can pay back the money you have received and reapply for full retirement benefits.Although ... http://sheriabrams.com/blog/social-security-disability-information/what-if-you-took-early-retirement-from-social-security-at-age-62-and-then-change-your-mind/ Among all the changes you must make when you move to a new state -- driver's license, voter registration -- don't forget your will. While your will should still be valid in the new state, there may be differences in the new state's laws that may make certain provisions of ... http://sheriabrams.com/blog/wills-living-wills-powers-of-attorney-information/should-you-update-your-will-when-you-move-to-another-state/ Bills have been introduced in the House of Representatives and the Senate to phase out, over the next ten years, the Medicare 24-month waiting period. S. 700, introduced by Sen. Jeff Bingaman (D-NM), and H.R.1708introduced by Rep. Gene Green (D-TX), also would, upon enactment, eliminate the waiting periodfor those individuals ... http://sheriabrams.com/blog/medicaremedicaid-information/bills-introduced-to-end-medicare-waiting-period/ As part of the American Recovery and Reinvestment Act ("the stimulus bill"), Congress has authorized one-time $250 payments to most Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries.  Beneficiaries of either program who were eligible for benefits during November or December 2008 or January 2009 will probably ... http://sheriabrams.com/blog/social-security-disability-information/most-social-security-disability-and-ssi-beneficiaries-to-receive-one-time-stimulus-payment/ A bill that would create tax-deferred savings accounts for people with disabilities has been introduced in the House and Senate.  If passed, the new legislation would allow family members, friends, or a person with disabilities to place up to $500,000 of funds into an "ABLE" (Achieving a Better Life Experience) ... http://sheriabrams.com/blog/other/congress-proposes-tax-deferred-savings-accounts-for-people-with-disabilities/