The Power of the Elderly: Social Security Disability and Advanced Aged individuals
As a society, we spend alot of time mourning and pining over the inadequacies and mistakes that constantly arise in our young generation (For purposes of this discussion, the young generation is anyone under 50). The entertainment community is still reeling from the death of Teen Idol Corey Haim. We are still anxiously watching the rehabilitation of Tiger Woods. The sports world is closely following Marion Jones. We won’t even talk about the countless Lindsey Lohan, Nicole Richie and Brittney Spears sitings that tend to dominate the airways.
I understand that this information may be pertinent. And let’s get one thing straight, I’m RIGHT in the mix of those people who are following all of this extraneous information (I would be a hypocrite if I denied that I didn’t want to know how Britney Spears was doing with her kids).
But the thing that blows my mind is the power of the elderly. Which is why some people who are applying don’t fully appreciate why the Social Security Disability regulations tends to be more favorable for those over the age of 50.
For those of you who don’t know, the Social Security Administration puts people in 5 categories when it comes to applying for Disability claims:
1) Childrens: 17 years and younger
2) Younger Individuals: 18 years to 49 years
3) Closely Approaching Advanced age: 50 – 54 years
4) Advanced Aged: 55 – 59 years
5) Closely Approaching retirement age: 60 years to 64 years.
The regulations tend treat those individuals who are over the age of 50 differently because those individuals have a tendency to have been in the work force for a more significant period of time. Therefore, their ability to adapt to other jobs may be diminished as time progressed.
However, there’s another thing that people underestimate. It’s not something that is readily written in the regulations. CREDIBILITY! Especially if the person is someone who has CONSISTENTLY worked for years and years and is still trying.
Don’t believe me? Not trying to say that these persons should apply for disability but keep these thoughts in mind:
1) Michael Jackson, 50 – before he died, you could arguably say that there are few people who could dance with him at his age.
2) Chuck Norris, 70 – he still does work out videos, he still teaches, and his still considered one of the baddest martial artists of all times.
3) Tina Turner, 70 – she got finished with a tour, a TOUR in Europe and for those who have never seen her, she dances NON stop!
4) Betty White, 80 – she’s still doing movies and do I need to remind you that her commercial was the number 1 Super Bowl commercial and there was a FACEBOOK drive to get her on Saturday Night Live??
You know why these people STAND out? It’s because there is something inherently credible about someone who continues to work despite their age and the underlying health problems that come along with it. You respect those people because they don’t make any excuses. They HIT IT!!
Now, don’t get salty and think that if you’re young and you’re not working that I’m calling you out. I’m doing that at all. I just need you to understand how powerful a statement that it sends when an elderly person has had a long and continuous work history. This information demonstrates to the Social Security Administration that a person was dedicated and committed to sustaining their livelihood. In addition, in the end, most of these people would RATHER be working than receiving benefits. Am I saying that this is going to guarantee their receiving benefits?? NO. Am I saying that it helps? DAMN RIGHT!
Remember, the very essence of Social Security requires individuals to work and pay into the system. The system can’t work unless you work. When an elderly person applies, it says alot about their credibility. SSA may give a little more deference to what they have to say when they complain of aches and pains because if their record shows they are a WARRIOR, they know that WARRIORS don’t whine!
The Social Security process is long but it does value those who truly are dedicated to contributing to its long term progress. Don’t sleep on the Power of the Elderly.
From LOVE to LEGAL Service: The UNSEXY nuts and bolts of a DIVORCE
“Til Death do us part!”
Those words sounds so romantic when we are standing in front of god (or whoever you worship), our family and our friends. We genuinely believe that we are going to be with that special someone for the rest of our lives.
Sadly enough, the phrase probably should say:
“Til Death or DIVORCE do us part!”
I’m pretty sure that everyone is intimately familiar with the various divorce rates in different parts of the country. Despite these rates, people still find themselves in the unique position of availing themselves of the legal proceedings when things go bad.
If you are one of those individuals who are curious about whether you should explore your legal rights to dissolve your marriage, here are a few things for you:
1) To separate or NOT to separate, THAT is the question. It is important to check your state’s separation requirements. Some states requires couples to be separated for a period of time before they are allowed the ability to dissolve their marriage. Part of this is based on the notion that an appropriate cooling off period may resolve the marriage. In addition, this allows the courts to determine WHO is serious about dissolving their marriage.
2) Have you REALLY lived in that state long enough? Some people will separate and try to relocate to a state that may have more favorable family laws. However, most states have a ‘residency requirement’ which means you would have had to have lived in that state for a particular period of time before you get the opportunity to file for divorce under those state laws.
3) Am I REALLY going to get anything?? Some states have some JAMMING dissolution laws as they relate marital and community property. In addition, these states don’t really care HOW LONG you’ve been married. However, some states are the exact opposite. As a result, just because you have a ’shotgun’ 3 day wedding doesn’t mean you’ll get half of her assets. Nor does it mean that you will get the person’s retirement or automatically get spousal support.
4) The REAL Tug of war: THE KIDS!! If there are children involved, WATCH OUT!! In the best of cases, one parent is taking care of the children already so there is probably not an issue. However, if both parents play an active role in the children’s lives, get ready for a fist fight. Courts don’t usually like to disturb where the child is currently residing but if the non-custodial parent can show that their living arrangement is better, the non-custodial parent may have a shot.
5) If the divorce is dirty, friends may get dirty, too! Listen, friends DON’T like to get in the middle of messy divorces. However, the simple fact is that your friends may have information that may help your case. Your friends can testify if your spouse lives an lifestyle that is harmful to children or has made threatening remarks to you or the kids. It is not pretty but it is a reality.
6) If it’s simple, you may be able to get it done fast! Alot of states have family law assistance programs which enable you to get a divorce on your own. These programs will provide you the forms and the assistance to fill out the forms. These programs are great for short term marrigages or marrigages where there is not alot of assets and no kids.
7) If it’s complicated, get ready to wait! Recognize that if you got alot of assets or if your spouse or YOU are prepared to be a COMPLETE ASS, don’t expect this divorce to be quick. If your spouse is a JERK or you are being a JERK, be prepared for a fight. If you are being nasty, your spouse is going to want to defend themselves just as aggressively. If your spouse is being a jerk, you are NOT going to want to let them run over you.
In a perfect world, you want to believe that you can live happily ever after. If not, you want to, at least, believe that you can walk away from each other amicably. However, this may not always be the case so be prepared if you must get down and dirty.
Be patient
One of the hardest things people have to deal with is the fact that the legal process is notoriously slow. Unlike Criminal procedures that ensure that a defendant is guaranteed a speedy trial, most other legal proceedings tend to take a while to manifest themselves.
Most areas of law have various deadlines that must be met in order to ensure that the cases are advanced. However, depending on the nature of the proceeding, several steps may need to occur before you seek a resolution.
This situation is even more pronounce if you’re attempting to file a civil suit. If you think about it, you file your suit. The other side has time to respond. Then you go through discovery where each side has to reveal certain things. During that time, you may have a few depositions. Then, you may have to go to mediation. Then, if you get to this point, you have to get ready for trial. THEN, you have the trial. All of the steps I just took you through could easily take up to year.
People, when you avail yourself of the legal process, you HAVE to go in with an understanding that it may take a while to seek a resolution. And when I say “A WHILE”, it’s not by YOUR standards of what you think “A WHILE” is. Typically, most legal processes are governed by some rules of procedure that outlines what must happen and WHEN it is going to happen.
It gets tougher because now that we are in a tough economic time so you have a definite desire to get the resolution that we desire as soon as we like. Understand this, you have a right to seek a resolution through the legal process but be patient. In order to get the outcome you seek, you may have to wait for it to come.
