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Do you need the assistance of an attorney to file
for Social Security Disability Insurance (SSDI) benefits?
For completing the initial application, the short answer is
probably “no.” Note, however, that people who get professional help with their
applications are 23 percent more likely to succeed.
If your application is denied and you need to have a
hearing, you would be well advised to be represented by an attorney or
another qualified professional.
How to Apply for SSDI
The application process is fairly simple. You can apply
for SSDI in any of the following ways:
The SSA recommends that applicants assemble a host of
information prior to applying. However, if it’s going to take you time to get
your hands on some of the documents, it may be better to apply and then obtain
the required information.
Note that the SSA initially rejects approximately 70 percent
of disability applications, and many applicants give up at this point — this is
a mistake.
If taken through the appeals process, claims have a fairly
high chance of being approved. But having professional assistance in this
process will up your chances of success and is strongly advised.
The SSDI Appeal Process
If your initial claim is rejected, the first step in the
appeal process is to file a Reconsideration Appeal within 60 days.
Most requests for reconsideration are denied, but the
request can be done without an attorney if you’re certain of your ability to
fill out forms correctly.
However, if your initial application has been rejected, you
should consult with an attorney so that you have one already lined up after
what will likely be a rejection of reconsideration. (Note that just 8 percent
of those individuals who enter the first round of appeals are successful.)
You have 60 days following the reconsideration
rejection to file a request for a hearing before an administrative law
judge, where you will then plead your case. You should have an attorney or
other qualified representative in your corner before filing that request.
How Much Does an Attorney Cost?
By law, Social Security Disability attorneys or non-attorney
disability representatives cannot charge an upfront fee for their services;
they receive 25 percent of a claimant’s back payment, and this is paid only if
the case is won. Representatives may, however, charge fees for things like
copying medical records.
“It’s really just foolish to go unrepresented” at the
hearing, says Tim Moore, a disability claimant’s representative who created the
invaluable Social Security Disability Resource Center website. “Statistics show
that those who have an attorney are far more likely to be approved for benefits
than those who choose to represent themselves,” Moore states on his site.
In addition, Moore notes, an attorney may be able to speed
up the scheduling of your case before an administrative law judge or even
eliminate the need for a hearing altogether.
Looking for Help at the Start of the Process?
Bringing in a professional even before filing your initial
claim might be the right choice if:
Whatever you do, don’t delay. Failing to file a timely
appeal could ruin your chances of obtaining retroactive disability benefits
that you might otherwise have been entitled to receive based on the date of
your initial application.
Find a qualified elder law attorney near you.
Staying hydrated is essential for everyone, but its especially critical for older adults. As we age, our bodies go through changes that can increase the risk of dehydrationyet many seniors are unaware of just how important proper hydration is for their health and well-being.Why Seniors Are More Prone to DehydrationThere are several reasons why older adults are at higher risk for dehydration: Reduced Sense of Thirst: Aging can dull the bodys natural thirst signals, meaning seniors may not feel thirsty even when their bodies need water. Medications: Diuretics, laxatives, and certain blood pressure or heart medications can cause increased fluid loss. Decreased Kidney Function: As kidneys age, they become less efficient at conserving water, increasing fluid loss. Mobility or Cognitive Issues: Physical limitations or cognitive decline may make it harder to access water or remember to drink throughout the day. Chronic Conditions: Diabetes, heart disease, and other medical issues common in older adults can contribute to dehydration risk. The Impact of Dehydration on Senior HealthEven mild dehydration can have significant effects on a seniors health, including: Fatigue and Weakness: Dehydration can lead to low energy levels and muscle weakness, increasing fall risk. Confusion and Cognitive Decline: Lack of fluids may cause symptoms that mimic dementia or worsen existing cognitive issues. Urinary Tract Infections (UTIs): Inadequate hydration can lead to more frequent UTIs, which can be serious in older adults. Constipation: Water helps keep the digestive system movingwithout enough, seniors may struggle with bowel issues. Kidney Stones and Damage: Chronic dehydration can contribute to kidney problems. Tips to Help Seniors Stay HydratedEncouraging proper hydration doesnt have to be complicated. Here are some practical tips: Set a Routine: Encourage drinking water with each meal and between meals. Setting reminders or using a water-tracking app can help. Offer a Variety of Fluids: Water is best, but herbal teas, milk, and broth-based soups count, too. Limit caffeine and sugary drinks. Make It Appealing: Infuse water with fruit slices or herbs like mint to add flavor without extra sugar. Monitor Intake: Caregivers and family members should watch for signs of dehydration and gently encourage regular fluid intake. Choose Hydrating Foods: Water-rich fruits and vegetables like watermelon, cucumbers, oranges, and lettuce can help supplement fluid intake. Watch for Warning SignsIts important to recognize early signs of dehydration in seniors, such as: Dry mouth or cracked lips Dark urine or reduced urination Dizziness or lightheadedness Confusion or irritability Fatigue Headaches Severe dehydration is a medical emergency and may require hospitalization for IV fluids and close monitoring.
Summer can be one of the most joyful seasons for seniors, offering opportunities for movement, connection, and fun. By choosing the right activities and staying mindful of heat and hydration, older adults can enjoy everything the season has to offersafely and comfortably.Summer offers the perfect opportunity for seniors to enjoy the outdoors, soak up some vitamin D, and stay socially and physically active. However, rising temperatures and increased sun exposure can also bring unique risks, especially for older adults. With a bit of planning and awareness, seniors can make the most of the season while prioritizing safety and well-being.Here are some enjoyable and safe summer activities for seniors: 1. Morning or Evening WalksWalking is one of the best low-impact exercises for seniors. During the summer, its safest to walk early in the morning or later in the evening to avoid peak heat. Local parks, botanical gardens, or shaded trails offer refreshing scenery and a chance to connect with nature.Tip: Wear a hat, sunscreen, and breathable clothing, and bring water to stay hydrated. 2. GardeningGardening provides gentle physical activity and can be a therapeutic hobby. Whether its tending to flowers, vegetables, or herbs, it allows seniors to be outside while staying in control of their environment.Tip: Use raised garden beds to reduce strain on joints, and aim for shaded gardening times to avoid heat stress. 3. Outdoor PicnicsGathering with family or friends for a picnic is a great way to enjoy warm weather without exertion. Seniors can bring a comfortable chair and enjoy a meal, music, or a game of cards under a shaded tree or pavilion.Tip: Choose locations with accessible seating and restroom facilities. 4. Water Aerobics or SwimmingSwimming and water-based activities are ideal for seniors because theyre easy on the joints and help with mobility and flexibility. Many community centers offer senior-friendly aquatic programs in the summer.Tip: Always swim in supervised areas and wear water shoes to avoid slips and falls. 5. Outdoor Arts and CraftsFor those who love being creative, setting up a shaded table for painting, sketching, or crafting outdoors can be relaxing and inspiring. This combines artistic expression with the calming influence of nature.Tip: Use portable umbrellas or tents to create a cool, shaded workspace. 6. Farmers Markets and Outdoor FairsExploring a local farmers market is a pleasant way to get some light exercise while supporting local growers. Seniors can sample fresh produce, enjoy live music, and engage with their community.Tip: Go early in the day and use a rolling cart or bag to make carrying purchases easier. 7. Bird Watching or Nature ObservationBird watching can be both calming and mentally stimulating. A pair of binoculars and a local field guide can turn a simple outing into an enjoyable and educational experience.Tip: Choose a quiet, shady spot with seating and bring a journal to record observations. 8. Attend Outdoor Concerts or MoviesMany communities host free or low-cost concerts and movies in the park. These events offer great social opportunities and entertainment in a relaxed, outdoor setting.Tip: Bring a chair with good back support, a fan or mister, and snacks to stay comfortable. Safety Tips for Summer Fun Hydration is Key: Older adults may not feel thirsty as often, so its important to drink water regularly. Dress for the Weather: Light, loose-fitting clothes and a wide-brimmed hat help protect against heat. Use Sun Protection: Sunscreen with at least SPF 30 should be applied 20 minutes before going outside and reapplied every two hours. Know the Signs of Heat Exhaustion: Symptoms include dizziness, nausea, excessive sweating, and confusion. If any of these occur, seek shade and medical attention immediately.
Providing care for a loved one is a profound commitment, and in Pennsylvania, various programs exist to support family caregivers in this vital role. While Personal Care Assistance (PCA) broadly refers to services that help individuals with daily living activities, its important to understand that paid family caregiving in Pennsylvania primarily operates through specific Medicaid waivers. These initiatives aim to support the invaluable work of caregivers while allowing loved ones to remain in the comfort and familiarity of their own homes or the homes of family members.Understanding Personal Care Assistance (PCA) in PennsylvaniaIn Pennsylvania, Personal Care Assistance (PCA) refers to the services that help individuals with daily living activities and household tasks, enabling them to live independently. Its crucial to differentiate this from Personal Care Homes (PCH), which are residential facilities that provide housing, meals, supervision, and assistance, but typically do not offer third-party reimbursement for family caregivers providing care within them.Instead, paid family caregiving for PCA services in Pennsylvania primarily operates through various Medicaid waivers, also known as Home and Community-Based Services (HCBS) waivers. These waivers are designed to provide direct assistance with Activities of Daily Living (ADLs) and household services for older adults or individuals with disabilities who live in their own homes or the homes of loved ones. The services provided under these waivers are what constitute Personal Care Assistance in the context of paid family caregiving.Key Pennsylvania Medicaid Waivers for PCAPennsylvania offers several Medicaid waivers that facilitate paid family caregiving for Personal Care Assistance, each with specific eligibility criteria and rules regarding family members.1. Community HealthChoices (CHC) Waiver: Getting Paid to Care for Loved OnesThe Community HealthChoices (CHC) waiver is Pennsylvanias most common Medicaid managed care program that facilitates paid family caregiving for PCA. It is designed for individuals aged 21 or older who are eligible for both Medicaid and Medicare and require a nursing facility level of care. This program consolidates several former waivers into a single, comprehensive system and is administered by private healthcare insurance companies contracted by the state.Recipient Eligibility for CHC: To qualify for the CHC program, the individual needing care must meet several criteria: Age: The recipient must be 21 years of age or older. Dual Eligibility: They must be eligible for both Medicaid and Medicare. Functional Eligibility: A physician must certify that the individual has a condition requiring long-term services and supports, specifically an inability to perform essential Activities of Daily Living (ADLs) such as bathing, toileting, or transferring. A trained assessor will also conduct a functional eligibility determination to confirm the level of care needed. Financial Eligibility: The individual must meet specific income and/or asset requirements, determined by the local County Assistance Office (CAO). For example, in 2023, the income limit to qualify for the Pennsylvania Medicaid waiver program under CHC was $2,742 per month. Caregiver Eligibility (Who Can Be Paid, Spousal/Guardian Restrictions): Pennsylvanias Medicaid waivers generally permit family members, such as adult children, siblings, and even friends, to be compensated for providing care. However, under the CHC waiver, spouses (husband or wife) are typically not eligible to be paid caregivers. Similarly, individuals holding Power of Attorney (POA) for the care recipient or legally responsible guardians (such as parents caring for children under 18) are also generally excluded from paid caregiver roles under this program.Application Process: The process involves contacting the Pennsylvania Independent Enrollment Broker (IEB) at 1-877-550-4227, applying on the COMPASS website, and submitting necessary documentation, including physician certification and financial information. Once approved, the care recipient can select a state-licensed home care agency that employs family members, such as Avondale Care Group.Services Covered & How Agencies Facilitate Payments: The CHC waiver covers a range of personal care and home care services. This includes direct assistance with Activities of Daily Living (ADLs) like bathing, dressing, meal preparation, and medication management, as well as various household services. Family caregivers are hired as regular employees of the licensed home care agency, which handles all administrative tasks, including payroll and compliance.Payment Rates & Benefits for Family Caregivers: The compensation for family caregivers through Medicaid waiver programs in Pennsylvania typically ranges between $10 and $15 per hour. The number of hours approved depends on the care recipients health and needs, with a maximum of 35 hours of care per week often allowed. The maximum weekly pay rate for Pennsylvania is up to $700 per week, which aligns with or exceeds these hourly rates, potentially including overtime or other factors. Many agencies also offer additional benefits that significantly enhance the overall compensation package for family caregivers. These can include overtime pay, weekly pay, free Certified Nurse Aide (CNA) training for eligible caregivers, holiday pay (often 1.5 times the regular rate for specified holidays), 401k plans with company matching, company-sponsored healthcare insurance (with substantial premium coverage), flexible schedules, and paid time off.2. OBRA WaiverThe OBRA Waiver is designed to support individuals aged 18-59 who have a severe developmental physical disability and require an Intermediate Care Facility/Other Related Conditions (ICF/ORC) level of care. This program helps these individuals live as independently as possible within their communities by providing assistance with activities of daily living (PCA services).Family Member/Spouse Eligibility: Similar to the CHC waiver, the OBRA waiver excludes spouses or legal guardians from being paid caregivers.Payment Rates: Compensation for caregivers under the OBRA waiver varies by geographic area, typically ranging from $13 to $15 per hour. The maximum weekly pay rate for Pennsylvania is up to $700 per week.Application: The application process also begins by contacting the Independent Enrollment Broker (IEB) at 1-877-550-4227. 3. Consolidated WaiverThe Consolidated Waiver provides support and services to a broader population, including individuals of all ages with an intellectual disability (ID) or autism, as well as children under 22 with a developmental disability due to a medically complex condition. Recipients must be recommended for an intermediate care facility (ICF) level of care based on a medical evaluation.Family Member/Spouse Eligibility: A significant difference with the Consolidated Waiver is that it explicitly allows a friend or family member, including a spouse or legal guardian, to receive payment for care provided.Payment Rates: The average pay for Pennsylvania caregivers under the Consolidated Waiver typically falls between $11 and $14.50 per hour. The maximum weekly pay rate for Pennsylvania is up to $700 per week.Application: To apply for the Consolidated Waiver, individuals should contact the Office of Developmental Programs (ODP) customer line at 1-888-565-9435. Important Considerations: Medicaid Estate Recovery Program (MERP)While Pennsylvanias Medicaid programs offer crucial financial relief for family caregivers, it is essential for families to understand the long-term financial implications. The Medicaid Estate Recovery Program (MERP) is a federal requirement for all state Medicaid programs to seek repayment for long-term care costs after a recipient passes away. This recovery typically applies to individuals aged 55 and older who received Medicaid long-term care services, including those provided through Home and Community-Based Services (HCBS) waivers. Assets subject to recovery can include the deceased recipients primary home, even if it was exempt during their lifetime while receiving benefits. The states claim is generally delayed if there is a surviving spouse, a child under 21, or a child of any age who is blind or permanently disabled. Families may also be able to apply for undue hardship waivers in certain circumstances. Given these potential impacts on family inheritance and assets, it is highly advisable for families to consult with an elder law attorney or financial advisor for personalized guidance on MERP and comprehensive estate planning.
Comprehensive Special Needs Estate Planning & Special Needs Trusts in PennsylvaniaEstate planning for families with special needs children presents a unique set of financial, legal, and healthcare challenges that require the expertise of a special needs planning attorney. Not all estate planning lawyers understand the intricacies involved, but the experienced special needs estate planning attorneys at Entrusted Legacy Law are dedicated to ensuring your child with special needs is fully protected when you are no longer able to serve as their primary caregiver.We provide a full range of estate planning services tailored to families with special needs children in Pennsylvania. Our goal is to help you preserve assets for your childs future care while ensuring they remain eligible for essential government benefits like Medicaid and Supplemental Security Income (SSI). We assist in setting up special needs trusts (SNTs) to safeguard financial resources, appointing legal guardians and trustees, and identifying long-term care options to ensure your child receives the best possible support and housing solutions.Special Needs Trusts & Asset ProtectionOne of the most significant challenges in special needs financial planning is ensuring that your child has adequate resources without jeopardizing their eligibility for public assistance programs. Many families unknowingly risk disqualifying their child from essential benefits by leaving them a direct financial inheritance. Instead, the best strategy is to establish a special needs trust to provide financial security while preserving their access to Medicaid, SSI, and other government assistance programs.A properly structured special needs trust allows funds to be used for supplemental expensessuch as medical care, therapy, education, and personal carewithout affecting eligibility for disability benefits. However, the regulations governing these trusts are complex. Funds must be managed by a designated trustee and cannot be distributed directly to the beneficiary, as this could trigger disqualification from public benefits. Additionally, a child's needs evolve over time, making it critical to have a trust that can adapt to changing circumstances and legal requirements.By working with an experienced Pennsylvania special needs attorney, you can ensure that your childs special needs trust is legally sound, structured correctly, and customized to their specific requirements.Special Needs Planning for Families in PennsylvaniaAt Entrusted Legacy Law, we specialize in estate planning for children with disabilities, including Down syndrome, autism, cerebral palsy, and other developmental or intellectual disabilities. Our firm helps families create a comprehensive life care plan that provides financial security while safeguarding access to government benefits and essential support services.Whether you need help establishing a special needs trust, securing a legal guardian, or planning for long-term care and housing, our Pennsylvania special needs planning attorneys are here to guide you through every step of the process.Contact Entrusted Legacy Law today to start creating a sustainable, secure future for your child with special needs.
Estate Planning for Everyone You Love and Everything You OwnHave you ever considered what would happenlegally and financiallyto you, your family, your assets, and everything you care about if the unexpected were to occur?If your estate plan is outdated or non-existent, your assets could be lost to the State Department of Unclaimed Property, subjected to an expensive and time-consuming probate process, or even end up in the wrong hands. Without a comprehensive estate plan, your loved ones may face unnecessary financial hardship, legal disputes, or court intervention at a time when they need certainty and protection the most.If you dont know exactly what would happen to everything you own and everyone you love, the first step is to gain clarity. You need to understand how your current estate plan (or lack thereof) will impact your family so you can make informed decisions about whether it truly aligns with your wishes.How Entrusted Legacy Law Helps You With Estate PlanningWe offer customized estate planning solutions designed to protect your family, preserve your wealth, and ensure your wishes are honored. Through our Life and Legacy Planning Session, we take the time to educate you on the legal, financial, and personal implications of your estate choices.Step 1: The Life and Legacy Inventory & AssessmentBefore your Life and Legacy Planning Session, you will complete a comprehensive estate inventory that outlines your financial assets, real estate holdings, retirement accounts, life insurance policies, and other valuable property. This step ensures that we have a full picture of your estate and can identify potential gaps in your asset protection strategy.Step 2: Creating a Personalized Estate PlanIf you decide that your current estate plan is inadequateor if you dont have one at allwe will work together to design a legally sound and strategically structured estate plan that meets your familys unique needs. The foundation of your estate plan will often include a revocable living trust, which allows you to transfer your assets into the trust while maintaining control during your lifetime.Benefits of a Revocable Living Trust: Avoid Probate Prevents the time-consuming and expensive court process that could otherwise delay asset distribution. Minimize Estate Taxes Helps reduce tax liabilities and protect your wealth for future generations. Ensure Privacy Unlike a will, which becomes public record, a trust ensures your estate remains private. Maintain Control Dictate how and when your assets are distributed to your heirs.For families with complex financial portfolios, business ownership, or special circumstances (such as blended families or special needs children), we offer advanced estate planning strategies tailored to your specific goals.Can You DIY Your Estate Plan?Many people wonder if they can create an estate plan using online templates or generic legal services. Unfortunately, most DIY estate plans fail when families need them the most. What often passes for "estate planning" is nothing more than basic document generation, where you answer a few questions and receive a generic template that may not fully protect your assets or your loved ones. No Personalization A generic template cannot address your unique family dynamics, financial situation, or specific legal concerns. Legal Loopholes Improperly structured wills or trusts may be contested in court, leaving your family in legal disputes. No Ongoing Maintenance Estate laws change, and without updates, your plan may become outdated and ineffective.At Entrusted Legacy Law, we dont just draft documentswe provide comprehensive estate planning services that ensure your estate plan actually works when it matters most. We take the time to understand your familys needs, educate you on your options, and create a legally enforceable, tax-efficient, and conflict-free estate plan that gives you peace of mind.Protecting Families & Minor Children Through Estate PlanningIf you are a parent with young children, your estate plan should begin with a solid foundation that ensures your children will always be taken care of, no matter what happens. Without the proper legal protections in place, your children could end up in the custody of someone you wouldnt have chosenor worse, under state guardianship.At Entrusted Legacy Law, we specialize in estate planning for families with minor children. We help parents:Name Legal Guardians Ensure your children are raised by trusted individuals of your choosing.Set Up Trusts for Minor Children Prevent financial mismanagement by appointing a responsible trustee to oversee assets.Establish Emergency Plans Provide clear instructions for immediate care in case of sudden incapacity or death.Whether youre planning for minor children, adult dependents, elderly parents, or a complex estate, we can guide you through the estate planning process with personalized strategies to protect your familys future.Secure Your Legacy With Entrusted Legacy LawEstate planning isnt just about who gets whatits about ensuring that your loved ones are financially secure, legally protected, and prepared for the future.If you want to create a comprehensive estate plan that reflects your wishes, avoids probate, minimizes taxes, and keeps your loved ones out of court and out of conflict, then now is the time to take action Contact Entrusted Legacy Law today to schedule your Life and Legacy Planning Session and take the first step in protecting your family, your assets, and your future.
Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.