Huddleston, Robbins & Riddle, P.A.

The best guardian is one who you can trust to make the decisions for you that you would make for yourself, and who you trust with all of your assets. This can be a trusted family member or friend, or a lawyer or professional guardian.

If a loved one or family member is in need of a guardian and you believe you are qualified to take on the responsibilities of the role, the first step is petitioning the court for guardianship and providing proof of your family member's alleged physical or mental incompetence. The next step will likely be an evaluation ordered by the court.

If a family member has a guardian that you do not believe is representing their best interests and who may be making attempts to isolate or control them in unhealthy ways, you can file a motion in court to either have the guardian removed or to require the guardian to allow you to visit your family member.

Every process is different, but if no one contests the guardianship and there are no procedural issues then the entire process can be completed in as little as a month. If anyone contests the guardianship then this can significantly prolong the time required in court.

It often happens that elderly individuals could benefit from a guardian, but you may have concerns about whether that also means assuming all of their expenses. A court-appointed guardian uses the ward's money to cover their care expenses. However, if the ward does not have sufficient funds to cover their own care, you may find yourself using your own resources.

A limited guardianship-as the name implies-limits the powers of the guardian in a specified manner. For instance, an individual may have the ability to live independently and make their own medical decisions, but may have a guardian to handle their property and financial matters. On the other hand, a guardian may be appointed purely for medical decisions.

Conservatorships have been in the news quite a bit lately. So how do conservators differ from guardians? Primarily in that guardians have far more power. A court-appointed conservator only has the authority to control a person's financial decisions, but a guardian can make decisions affecting all aspects of their life.

It is necessary to appoint a guardian when an individual is unable to represent their own best interests. If someone is mentally or physically incapacitated, they may require a guardian to manage their estate and interests. The guardian may also make medical and treatment decisions on their behalf. All decisions made by a guardian should be in the ward's best interest.

The guardian has broad rights to act in the best interest of their ward (the legally, physically, or mentally incapacitated individual). They can make decisions relating to their health, finances, and where they live. They are also responsible for paying their bills and managing their property. The court does supervise the guardian's decisions, however.

A guardian is a court-appointed adult who represents the interests of a person who is unable to do so for themselves, either due to physical or mental disability, or because they are a minor. A guardian is oftentimes a family member or friend, however, it can also be a lawyer, professional, or state-run agency.

You can apply for these benefits with the Social Security Administration. In some cases, you can apply online. You can consult with a social security disability benefits attorney who can walk you through the process and ensure that your application is completed correctly to avoid costly delays.

Yes. If you are still caring for a shared child from the marriage who is under the age of 16 or disabled. It should be noted that the 10-year period can also be re-started if a married couple divorces and then remarries after being separated for a period of a year or more.

In order to receive window(er) benefits through social security on the basis of disability, you must be between 50 and 60 years of age. However, once you reach the age of 60, disability is no longer required as an eligibility criteria and you can receive your deceased spouse's SSDI benefits regardless of your disability status, unless you have remarried.

If your deceased ex-spouse has social security benefits you may be entitled to surviving divorced spouse benefits. The main criteria for receiving these benefits is that your marriage lasted at least 10 years. You must also meet all general disabled widow(er) criteria, including being between the ages of 50 and 60 and being unmarried.

In certain situations, the five-month waiting period for disabled widow benefits can be shortened, such as where someone has been disabled twice before the age of 60 within the span of just a few years. Additionally, the 24-month waiting period for medicaid can be shortened by crediting eligibility months used for SSI or SSP.

There is a waiting period of five calendar months in order to receive cash payments through the disabled widow insurance program. However, the waiting period may be waived in certain circumstances, such as where an individual becomes disabled for the second time before the age of 60, and their last DWB entitled ended within 84 months prior.

If you are a diabled widow or widower and have been receiving social security disabled widow(er) benefits for 24 months, then you qualify for medicare insurance. You may qualify for medicare-only coverage even if you are not approved for disabled widow social security benefits.

You can apply for these benefits with the Social Security Administration. In some cases, you can apply online. You can consult with a social security disability benefits attorney who can walk you through the process and ensure that your application is completed correctly to avoid costly delays.

You must be at least 50 years of age but no older than 60. You must also have been married to your spouse for at least nine months before they died. It also should be noted that you will likely not qualify if you are entitled to an equal or higher social security retirement benefit or if you have remarried.

Yes, social security provides disabled widow(er)'s insurance benefits. These benefits are available to the disabled widow or widower whose spouse had earned enough social security credits to qualify prior to their death.

SSDI benefits may be available to the child of a worker who has paid social security taxes. In this situation, even though the adult child may never have worked, they may still collect benefits earned by a parent, provided they remain dependent on them.

If your child is over the age of 18 and has a disability that started before the age of 22 that is expected to last at least a year or result in death, and they lack substantial income, then they may qualify to receive SSI or SSDI payments.

If the SSA denies your initial application for social security disability benefits, you still have a high likelihood of receiving them. It is a good idea to consult with a lawyer to determine what might have been missing from your application or how to strengthen it in order to secure an approval. You have 60 days to file an appeal online.

An SSA initial determination is their decision on whether or not you are disabled and entitled to benefits, and if so the amount and duration of the benefits. If the SSA's initial determination is a denial of benefits, it is important to file an appeal or have a lawyer file one on your behalf within 60 days.

The first step is appealing the decision as far as you can, which may be to an administrative law hearing or the appeals council. You may find that you need or benefit from the help of a lawyer to get in front of the appeals council. If they deny you, your lawyer can then submit an appeal to federal court.

If your appeals for reconsideration and an administrative law hearing are not successful, the next step is to the appeals council. The appeals council does not have to grant review to your case; they will make a decision about whether to do so. They may deny requests if the initial decision was in line with legal and SSA guidelines.

After you initially appeal for reconsideration, it can happen that the second reviewer also denies your claim. At this point, you can again appeal to an administrative law judge who will hold a hearing. You can request this hearing online and it will be held within 75 miles of your home, or, in certain situations, virtually.

If you filed an application for social security disability benefits and it was denied you can appeal the decision and your application will be reconsidered. Reconsideration involves having a neutral officer at the SSA who did not review your case previously, complete an independent review and determine whether to assign benefits. They can also consider any new evidence you submitted.

If your application for social security disability benefits has been denied, you have 60 days from the date of the decision to appeal it. There are specific instructions included in the decision letter on how to appeal, but it can be done online. An attorney can represent you throughout the process and file the appeal on your behalf.

Yes. In many ways, applying for disability benefits is like an endurance sport and there are some hurdles you have to endure in the process. A denial can be one of these hurdles. While it may feel discouraging, or even personal, many people receive rejections who go on to successfully receive benefits.

There are four levels of appeal available. The first time you appeal, it will go to a neutral officer at the SSA. If you appeal again it will be reviewed by an administrative law judge. If you appeal again it will then be reviewed by the appeals committee. The final stage of review is in federal court.

If you submitted an application for benefits to the SSA and it was denied, it is important to act quickly. You have 60 days from the date of the denial decision to file an appeal. You can consult with a lawyer and they can represent you throughout the process and submit an appeal on your behalf.

An attorney receives 25% of your back benefits if they are successful in winning your case, up to $6,000, whichever is less; and NO FEE if you do not win your case.

No. You can go through all of the levels of appeal on your own, however, experienced attorneys will make legal arguments to the judge and correspond with your medical providers about the severity of your condition, of which will improve your chances of success!

For SSD, there is a waiting period of five months, after your onset date of disability, through the date you have been accepted. However, Social Security will only give you retroactive pay for one year prior to their application date. For SSI, benefits are paid beginning the following month after your application date, through the date you have been accepted.

Yes, your physicians should be supportive of you filing for your disability benefits. During the case, they will need to provide statements concerning your physical or mental health limitations.

Yes. Mental illness is a frequent basis for awarding Social Security disability benefits.

If your disability is expected to last for at least a year you should apply for your Social Security Disability benefits immediately. Many people make the mistake of waiting months and some even years after becoming disabled before filing their Social Security disability claim.

Under the federal Social Security Disability Act, "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months." Social Security Disability benefits (SSD) Are paid to individuals who have worked in the recent years. Usually you have to work 5 out of the last 10 years. For individuals under 31 years old, the requirements are a little different since they have not been in the work force as long. Supplemental Security Income benefits (SSI) Are paid to individuals who are low income individuals/families and disabled whether or not the individual has worked in the past. SSI child's disability benefits are paid to children who are under 18 years old, are disabled and the parents or guardians are of lower income.