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Robert M. Crites & Associates
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Robert M. Crites
Attorney at Law
Robert M. Crites & Associates
You Have Questions...
...We Have Answers
Robert M. Crites & Associates
Over 25 Years Experience
Free Consultation
(810) 252-9185
Robert Crites & Associates
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SOCIAL SECURITY DISABILITY CLAIMS
When a person with a potential legal issue looks at one of the websites posted by lawyers that pop up when they do research, they typically want to know four things:
1. What are the laws that affect my situation?
2. What can a lawyer do to help me?
3. How long will it take to complete whatever needs to be done?
4. How much will it cost and when and how is the lawyer paid?
See below for answers to these questions and an explanation of how the Social Security Administration processes claims for Social Security Disability (SSD) and for Supplemental Security Income (SSI).
1) The Law: Requirements that must be met by children, adults between the ages of 18 and 50, and adults 50 years of age and older, are somewhat different and are addressed in specific sections below.
2) The Lawyers Job: (A) Interview the client and get pertinent information with regard to date of birth, family background, educational history, work history, medical history, and nature of the medical problem(s) that limit his/her ability to work, and in most cases, file an Appeal of the original Denial of the claim. (B) When the hearing is set before an administrative law judge, get the case and the client ready for hearing by updating the medical records and preparing a brief which summarizes the client’s deficits and work history and cites the law at supports the client’s claim.
3) Time Line: After the initial claim is filed, it takes 3 or 4 months for the Social Security Administration to send a letter which lists the medical sources that it has secured and reviewed and telling the claimant whether or not he/she is entitled to benefits. If an Appeal is filed, it must be within 60 days of the original denial date and it usually takes 18 to 22 months before a hearing is held before an Administrative Law Judge.
Fees: Since most awards are retroactive to a date many months prior to the Judge’s favorable ruling, if one is obtained, the successful claimant is not only entitled to monthly benefits going forward, but also to a lump sum which represents payments that were due for the months that he/she was eligible prior to the date of the Judge’s opinion. The attorney fee comes out of that lump sum and is equal to ¼ of the lump sum but never more than $6,000.00 in total. That fee is paid directly to the attorney by the Social Security Administration. Obviously, if the appeal is not successful, the attorney is paid nothing.
SOCIAL SECURITY CLAIMS BY PEOPLE OVER 50
Individuals who are older (over age 50) and not working and who suffer from a condition which limits their ability to work, but who are not old enough to receive social security retirement benefits, should seriously consider applying for social security disability (SSD) or supplemental security income (SSI) benefits.
The medical criterion that must be met to qualify is the same for both SSD and SSI. At age 50, if an applicant is limited to sedentary work (lifting 5 pounds frequently but never more than 10 lbs.), that person will very often qualify for monthly social security payments. At age 55, if he/she is limited to light work, (lifting up to 10 lbs. frequently, but no more than 20 lbs.) he/she will usually qualify for monthly social security benefits based on standards set out in the “Grid.”
There are several advantages to drawing SSD benefits as opposed to waiting until age 62.5 to start drawing old age social security benefits.
1. Benefits will be drawn sooner and therefore drawn longer; SSD benefits are paid at almost exactly the same rate that would be paid if one waits until age 66 to start drawing social security retirement benefits, which is about 25% more than would be paid at age 62.5.
2. Medicare is available 2 years after the first date that the applicant is determined to be eligible for monthly SSD benefits and Medicaid is available as soon as an applicant qualified for SSI.
All of this may sound rather technical, but an attorney who is familiar with Social Security Law and Standards of Proof and has a background that allows him to identify the physical and/or mental limitations typically caused by a wide range of medical conditions (herniated disc, torn rotator cuff, bi-polar disorder, closed head injury, etc.) can, with a 15 to 20 minute interview, help you determine whether filing a claim for social security (SSD or SSI) benefits would be in your best interest.
SOCIAL SECURITY BENEFITS FOR CHILDREN
Pursuant to the Social Security Regulations, parents or guardians can claim and receive SSI benefits for Children. The availability of those benefits depends on the mental or physical condition of the child and the financial situation of the parent or guardian.
When an adult seeks SSD or SSI benefits, the question is whether that adult is capable of working, but that is not the test of disability when a child is involved. The child can be entitled to benefits if he/she meets a Listing or has marked or severe deficits in two “domains.” There are hundreds of Listings, both physical and mental, and they are the same for children as for adults. For example: severe mental retardation, seizure disorders, extremely poor vision, heart problems, etc.
The domains are as follows:
Acquiring and Utilizing Information
Attending and Completing Tasks
Interacting and Relating to Others
Moving About and Manipulating Objects
Caring for Self
Health and Physical Well Being
If for instance, the child is very far behind in school because of mental or emotional problems, retardation, etc., it can usually be proved that that child has a limitation in “acquiring and utilizing information.” Very often, that child also has a deficit with regard to “attending and completing tasks.” If there are emotional problems, the child may have difficulty “interacting and relating to others.” Children with severe physical limitations may have trouble “moving about and manipulating objects” and have a deficit in “health and physical well being.”
If a child has an extreme deficit in one of these domains, the child qualifies for benefits. More often the child will have somewhat less difficulty in two domains and will be determined to have marked deficits in two other domains, and that also qualifies the child for benefits. If the child qualifies for benefits, the court looks to see what resources are available to the child (i.e., the court looks to see what income the parent(s) or guardian of the child has). That income is analyzed in terms of the number of dependents in the household as well. If the child is awarded SSI benefits, the amount received by the parent or other caregiver on behalf of the child is often more than $600 per month and is adjusted annually to account for inflation.
Periodically, we see children who qualify medically, but who are not entitled to benefits because of the financial resources available to the parent(s), but most of the time if the child qualifies, either by meeting a listing or having deficits in the domains, they are not disqualified because of the financial situation of the caregivers.
We handle a substantial number of children’s cases, and there are other attorneys who handle social security claims, but refer children’s cases to us.
If you believe you may have a claim on behalf of a child, call me and I can help you decide whether it makes sense to pursue the claim. In addition, we have a packet that we can send which tells you how to apply for benefits for the child and a questionnaire that teachers sometimes fill out that does an excellent job listing the various domains and what it takes to show that there are deficits in each of the domains. There is no charge for an office consultation.
If you have questions, we have answers. Call (810) 252-9185.
WORKERS COMPENSATION
The law relating to workers compensation was enacted in the early part of the last century to require that employers compensate workers for lost wages and reimburse them for the cost of medical care when they were injured on the job. Most claims are paid automatically, which was the intent when the law was adopted. In the event that a claim by an injured worker is not paid, he/she can file the claim against the employer in a court that handles only workers compensation cases. These cases are all handled by a judge (no jury is involved) and the procedures are in many ways simpler and less formal than would be the case if a non-work related injury was involved. If a workers compensation claim is filed and assigned to a judge, every effort is made to settle it without going to trial, but that often happens only after the case is partially prepared for trial. As a practical matter, at that stage of any sizable disputed claim, the worker must retain an attorney, who practices workers compensation law, to handle the matter.
There are three different ways that these claims can be resolved without a trial:
1. Sometimes there is a voluntary payment of all that is due, and the case is dismissed, and the worker continues to work for the same employer.
2. Sometimes there is a compromise settlement and the worker continues to work for the same employer.
3. The third way involves a lump sum settlement with the worker which is called a “redemption.” These settlements are often for more than the amount that is actually owed for medical expenses and lost wages, but the worker resigns his/her employment and waives all seniority rights. Claims for future wage loss or medical expenses are also typically waived. The worker then must find a job with some other employer.
Attorneys are paid from the settlement, and the amount that they can charge is controlled by Workers Compensation law and must be approved by the judge. If the case is tried and lost, the attorney receives nothing. If the case is tried and won, or as is more often the case, settled (i.e. redeemed), the attorney receives his/her expenses, and in addition, a certain percentage of the client’s recovery. For a redemption the attorney fee is 15% of the first $25,000.00 recovered, and 10% of any amount in excess of $25,000.00.
Almost all employers are required to carry insurance to cover workers compensation claims (large employers sometimes are self insured) and so these claims are usually handled by insurance adjusters in the early stages and by attorneys who specialize in workers compensation law, and who are hired by the insurance company after the case is filed and assigned to a judge.
If you have a claim for medical expenses or for lost wages resulting from injuries arising out of your employment and it appears that your employers insurance company is not going to meet its obligations under the Workers Compensation law, it is probably a good idea to talk to an attorney who handles workers compensation cases about the facts and law relating to your claim. My office does not charge for these kinds of consultations, and we only get paid if we are retained to handle your case and resolve it in a satisfactory manner. Put another way, if you have questions, we have answers. Give us a call. Telephone number, (810) 252-9185.
ACCIDENTS CAUSING INJURY
There are numerous ways in which we can incur injuries, and these injuries can occur in numerous settings. In Michigan a person who is injured can be compensated by another person or business that is found to be at fault for the injuries. Among the most common ways that injuries occur are:
- Motor Vehicle Accidents Some of the injuries occur while we are driviers or passengers in motor vehicles (cars, trucks, buses, motorcycles, etc.) or are travelling on a roadway by some other means, such as walking, riding a bicycle, etc., and a motor vehicle is involved in some way.
- Slip and Fall, or other Non-Vehicular Incidents Other accidents occur when we are walking during the ordinary course of our daily activities and slip or trip and fall. Still others occur while we are engaging in recreational activities, such as skiing or participating in games, such as softball or basketball, etc. Sometimes people are injured by flying or falling objects.
- Animal Injuries People are bitten by domestic animals, i.e., cats or dogs.
These accidents may occur while we are working or are a guest or a customer at restaurant or a store. Sometimes we know that the hazard exists and ignore it, and sometimes we are not aware that the hazard exists and are injured because we do not avoid it. Sometimes the injuries are very severe, such as broken bones or concussions or closed head injuries. Other times they are far less severe and require very little by way of medical care and expense. All of these factors, and many others, affect the injured person’s right to collect damages, which may include medical expenses, lost earnings and compensation for pain and suffering caused by the injuries
In almost every case where a claim is made for injuries, such as the ones described above, while the first notice of claim is served on the person who caused the accident or allowed the conditions to exist which resulted in the injury, an insurance company becomes involved almost immediately, and after information is provided to the insurance claims agent or adjuster, a decision is made by the insurance company as to whether it will compensate the injured person who made the claim, and if so, how much they are willing to pay voluntarily. If no agreement can be reached pursuant to these negotiations a lawsuit is usually filed (i.e., litigation is commenced.) After the litigation process is started, it continues until the matter is either settled or tried. After suit is filed, most claims are settled with the court’s help during the litigation process.
An attorney has several duties when he is contacted by a client and agrees to handle a claim for damages resulting in injuries. A few of the important duties are as follows:
1. He must determine the identity of the person, persons, or company that may be liable for his client’s injuries.
2. He must determine exactly what happened (i.e., the exact sequence of events that resulted in the injury). This often involves interviewing witnesses, examining and taking pictures of the scene of the accident. Sometimes experts have to be brought in at this early stage to help determine who is at fault (determine the speed of a car, the length of skid marks, etc.).
3. He must determine the nature or extent of the client’s injuries. This always involves obtaining medical records and often requires having them reviewed by medical experts.
4. He must determine the client’s past, present, and future wage loss resulting from the injury as well as the cost of medical care that the client has incurred and may incur in the future.
5. During the course of litigation, which typically lasts a few months, the attorneys summarize all of this in a brief that is presented to a panel, often consisting of a judge and two experienced attorneys, who look at the strength of plaintiff’s case and the losses he has suffered, including pain and suffering, and make a recommendation for settlement. Very often cases are settled as a result of the recommendation.
6. If the case does not settle, the attorneys job is to prepare the case for trial and represent the client in court.
7. Since an attorney often spends several hundreds to thousands of dollars preparing the case for trial and typically doesn’t even recover his cost unless the case is settled or won, attorneys are highly motivated to do a good job. The client is best represented if his or her attorney has a good understanding of the medical procedures and proofs and the various scientific principles used by experts to determine how and why an accident occurred and who is at fault. My undergraduate degree was in the physical sciences, and for the past 35 years a large part of my practice has involved medical issues and proofs. If you are involved in an accident that has caused you to incur an injury and would like to find out what you might do to be compensated for your losses (medical bills, lost wages, pain and suffering) call my office, (810)252-9185. Clients often find it helpful to discuss the issues that might arise in their case before they determine what they need to do next. There will be no charge and no obligation. You have questions, we have answers. Give us a call.
ESTATE & TRUSTS
PROBATE AND ESTATE PLANNING
When a person contemplates the end of life, one of the issues they often think about is how their assets will be distributed in the event of their death and how they can make sure that their intentions in that regard are carried out in a reasonably quick fashion that is relatively inexpensive and that does not result in a dispute that creates anger and hard feelings among their heirs, typically their children.
There are various legal instruments familiar to competent lawyers that can be used to achieve those goals. I will describe a few:
1. A simple Will can be worded to cover several contingencies: it can designate the person you want to wind up the decedent’s affairs. That person will determine what assets are owned by the decedent alone at the time of death, determine what outstanding bills are owed and pay them, and distribute the rest of the assets to those people who are designated as beneficiaries in the Will. The person who does this is called a Personal Representative and is given the power to sell property, collect money from bank accounts, file tax returns, etc. so that he/she can do the things listed above, after which the estate is closed. The Personal Representative is appointed by the Probate Court after the Will is determined to be valid and admitted to Probate. Wills can cover all types of contingencies, such as the death of a child before the death of both parents. That child may or may not leave children of his/her own surviving who may or may not be authorized in the Will to inherit his/her parents’ share. Some of the deceased parent’s children may be in great need of financial aid while others are self sufficient, which may influence the parents with regard to the size of each child’s inheritance. If the parents die at a very young age, they might have minor children and the parents may not want their children to receive their entire inheritance at age 18, but do want them to have those assets available as they grow up taking into consideration the child’s needs and other sources of income, such as Social Security benefits which such children are often entitled to. All of these considerations and dozens, if not hundreds, of others can be addressed in a Will in such a way that it will not have to be changed in the event of the death of a spouse/(parent) or a child, etc.
2. Very often people express a desire to avoid Probate Court involvement. They typically do not want to involve the Probate Court in the transfer of their property because they believe it is a complicated and expensive process. In most instances it is neither provided the heirs get along with one another. There are, however, other ways to transfer property that are simpler and, as with the utilization of a Will, allow the deceased person to keep complete control over his/her property until they die. We often recommend and utilize these methods in my office.
a. Bank and stock accounts can be designated, “pay on death,” and the person who is going to get whatever is in the account has no ownership of it or control over it until the person who owns the bank account or stock dies. Property subject to that designation does not pass through Probate and the transfer is effective upon presentation of a valid death certificate of the deceased person.
b. With regard to real estate, the same thing can be accomplished with what is known as a Lady Bird deed. The deed is signed by the owner or owners, who retain complete control over the property during their lifetimes. If they were to sell or mortgage the property, they would have the sole right to the proceeds that was obtained by doing so. In the event the person or persons who signed the Lady Bird deed still own the property at their death, it passes to the person listed on the deed as the subsequent owner, and the property does not pass through Probate.
3. Sometimes trusts are utilized to transfer property and sometimes they are a good fit, typically when there are minor children who might inherit, and the parents want the children’s caregiver to have access to funds in the accounts for the benefit of the children while they are young. For most people, however, they are an unnecessary expense that unnecessarily complicate the transfer of assets at death.
POWER OF ATTORNEY WITH MEDICAL PROVISION
As people age they worry about and prepare for the disposition of assets in the event of their death and also have concerns about how their financial affairs and medical decisions will be handled in the event they are physically and/or mentally unable to do so. Some are concerned about and express a desire not to have their lives prolonged by artificial medical means if they were to become unconscious and/or unresponsive with no realistic hope of recovery. For that reason when people come into my office to talk about Wills and other means of transferring property upon death as described above, we often also discuss the need for a Power of Attorney that typically would have a medical provision. The Power of Attorney confers the power to manage financial affairs (do banking, pay bills, file tax returns, etc.) and the medical power confers the power to make medical decisions in the event that the person who grants the power cannot do so. The person who is granted the power to handle the financial affairs and/or make the medical decisions must sign acknowledgment that they understand their duties and that they cannot self deal and must make all decisions in a manner most beneficial to the person who grants the power, i.e., the disabled person.
LIVING WILL
A Living Will specifies the mental and or physical conditions under which the person who signs the Will wishes life support to be discontinued. Spouses and children are often called upon to make these decisions, and it gives them comfort to know that what they decide is in conformity with the desires of the person whose life is terminated. The Living Wills usually require a certification by doctors that the life of the person who they are caring for cannot be extended in a way that they would be able to consciously interact with other people or be responsive in any normal way.
Robert M. Crites
Attorney at Law
FREE CONSULTATION
NO CHARGE UNLESS WE ACCEPT YOUR CASE AND WIN IT
FLINT OFFICE
1030 S. Grand Traverse
Flint, MI 48502
OFFICE HOURS
Mon-Fri 9am-12pm & 1:30pm-5pm
(810)252-9185
E-Mail: criteslaw@sbcglobal.net
SWARTZ CREEK OFFICE
9001 Miller Road
Swartz Creek, MI 48473
OFFICE HOURS
Tues & Thurs 7:30pm-9pm
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