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Social Security Disability & Special Needs Trusts News from Sheri R. Abrams, Attorney at Law, "Of Counsel" at Needham Mitnick & Pollack



Social Security Disability &
  Special Needs Planning News from
 Sheri R. Abrams, Attorney at Law,
 "Of Counsel" at Needham Mitnick & Pollack
Picture of Sheri Abrams
In This Issue
Free Segways For Disabled Veterans
Are You In Medicare Prescription Drug's "Donut hole"? $250 Checks Are On The Way
Divorce and Social Security Retirement Benefits
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Issue: # 23June 2010
Picture of Social Security Card and Dice
Greetings!   

Welcome to the twenty-third edition of our newsletter. 
 
Last month there was some confusion regarding the two newsletters that many of you received.  One was this newsletter, Social Security Disability & Special Needs Planning News, and the other was NMP Notes which is the newsletter of my law firm, Needham Mitnick & Pollack, PLC.
 
We decided to merge our mailing lists together which caused many of you to receive a newsletter from us that you had never received before.  We apologize for this. 
 
We hope you wish to continue to receive both of our newsletters as they provide different information.  However if you do not, please feel free to unsubscribe at the bottom of this newsletter.  You can indicate if you wish to unsubscribe to both of our newsletters or update your profile to receive just one of them. 
Free Segways For Disabled Veterans
 
SegwayVeterans who are disabled, and served on active duty before or after September 11, 2001 may be able to receive a free Segway that is custom designed for their needs.

In order to qualify for a free Segway, a Veteran must have incurred an illness or injury resulting in permanent disability and difficulty walking as a result of one of the following:

Armed Conflict
Hazardous Service
Conditions Simulating War
Instrumentality of War
Combat Operation
Combat Zone

This program is sponsored by the Disability Rights Advocates for Technology, (DRAFT), which is made up of people with disabilities that refuse to be defined by their disability and have a passion for participating in life's activities. They provide advocacy as well as education services as an advocate for the adoption of Universally Designed Technology Solutions. As part of their mission, they provide Segways for disabled Veterans at no charge.

To date Segs4Vets has awarded more than 250 Segways to Veterans who were severely injured while serving our nation in Operations Iraqi Freedom and Enduring Freedom.
 
Please visit http://www.segs4vets.com for more information and an application.
Are You In Medicare Prescription Drug's "Donut hole"? $250 Checks Are On The Way
 donut
The government is mailing $250 checks this month to seniors and the disabled who fall into the gap in Medicare's prescription drug coverage.
 
The first checks were sent out June 10, three weeks earlier than scheduled, to about 80,000 people. The rebates are the first step in closing the Medicare "donut hole."
 
The Department of Health and Human Services estimates that about 4 million seniors and disabled persons on Medicare will get the rebates in 2010. These payments are part of the new health care reform law.
 
Seniors and the disabled on Medicare get stuck in the donut hole if their prescription drugs cost too much to be paid for through basic Medicare coverage, but aren't expensive enough to qualify for catastrophic coverage.
 Divorce and Social Security Retirement Benefits
 
I have received many questions over the years regarding whether or not a person is entitled to retirement benefits on their ex-spouse's Social Security record. The rules regarding this are complicated and confusing. 
 
Basically:

An unmarried divorced spouse is entitled to benefits starting at age 62 if they had been married for at least 10 years and their ex- husband or ex wife is at least 62 years old (retired and receiving retirement benefits or not) or are receiving Social Security Disability benefits.
 
A divorced spouse cannot receive this benefit if they have remarried unless the marriage is to a person already receiving benefits as a widow, widower, parent, or disabled adult child.

If the ex-spouse is 62 but not retired, then the divorce must have occurred at least two years before the divorced spouse can receive the benefits. If the divorced spouse was entitled before the divorce to benefits, there is no waiting period.

As for the amount of benefits that can be received:
 
A divorced spouse at full retirement age is entitled to 50% of their ex-spouse's retirement benefit.

At age 62 the divorced spouse is entitled to between 32 1/2 % and 35 5/6 % of their ex-spouse's retirement benefit depending on the divorced spouse's full retirement age.

If the divorced spouse is also insured for their own retirement benefit, she/he would only receive whatever amount from their ex-spouse that is necessary to make up the difference.
 
There are variations to these rules, so if you have specific questions regarding this issue please call my office at  
(703) 536-7778 to set up an appointment.
Press Release:  Sheri Abrams' New Book "Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" Is Now Available!
Picture of Book 
For more information please click here to see our Press Release.
 
You can also download a free copy of the book at our websites:
 
              www.sheriabrams.com 
 
                              and
 
               www.nmpattorneys.com
 
OUR OFFICE LOCATION
 
The law firm of Needham Mitnick & Pollack, PLC is located at:
 
NMP's Office Building 
 
400 S. Maple Avenue
Suite 210
Falls Church, VA 22046
(703) 536-7778
 
 
This is in downtown Falls Church and the office has plenty of free and accessible parking.
 
 
REFERRALS
 
Needham Mitnick & Pollack, PLC
If you know of someone who could use my legal services or any of the other members of the law firm of Needham Mitnick & Pollack, PLC  please forward to him/her this e-mail newsletter or give him/her our telephone number: (703) 536-7778.
 
We provide legal services in the areas of Social Security Disability Law , Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.  
 
If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on Social Security Disability Law , Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits or Special Needs Trusts, please call us at (703) 536-7778.
 
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Sheri R. Abrams, Attorney at Law, "Of Counsel" Needham Mitnick & Pollack | 400 S. Maple Avenue, | Suite 210 | Falls Church | VA | 22046