017: Disability Income – How To Do It Right and Avoid The Many Pitfalls
Release Date: 10/02/2018
115: How This Social Model of Care is Improving Quality of Life for Those with Dementia
Absolute Trust Talk
So many of our clients here at Absolute Trust Counsel struggle with dementia. . That means there will be just as many, if not more, taking on the role of caregiver as well. Dementia patients and caretakers often suffer from isolation and loneliness, finding it difficult to enjoy life like they used to. Those with dementia gradually lose themselves, unable to participate in activities they love, and caretakers can struggle with the ongoing responsibilities. But this doesn’t have to be the case. Those living with dementia and their families can still find joy, meaning, and purpose thanks to a...
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114: This Long-Term Housing Solution is Changing the Way Adults with Special Needs Live
Absolute Trust Talk
The population of those with developmental disabilities is growing larger, and many in this group will need support of some kind for the rest of their lives. In most cases, this support comes from their parents, and every one of those parents worries about what will happen when they’re no longer able to provide that support. A 20-year study by the National Council on Severe Autism that concluded in 2020 and followed 187 people with autism in South Carolina revealed that For Sweetwater Spectrum’s founder, Mark Jackson, this quandary presented an especially personal challenge — a...
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113: How to Avoid a Chaotic “Casey Kasem” Estate Plan?
Absolute Trust Talk
Actor and radio personality Casey Kasem occupied a singular place in American popular culture. As he counted down the hits for the week via his show, American Top 40, he was also doing something else that was decidedly more important — providing a sense of consistency that we could all rely on. World affairs might rattle us, and the financial markets volatility might worry us, but regardless of what else was transpiring in the world, we could always count on Casey to entertain us with his one-of-a-kind voice, and all would still seem more or less normal. Unfortunately, the final chapter of...
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112: How to Access the Right Education Plan for a Child with Disabilities?
Absolute Trust Talk
Education can open many doors in life, but if you’re the parent of a special needs child, it may seem like those doors are not only closed but padlocked, leaving you and you alone to chart the educational course for your special needs child. Nearly a half-century ago, the Education for All Handicapped Children Act, which became the Individuals with Disabilities Education Act (IDEA), guarantees a free and appropriate public education for students with disabilities. Yet to this day, many parents and guardians of special needs children don’t know how to access the services at their...
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111: How Does the Special Olympics Change Lives Outside of Sports?
Absolute Trust Talk
In its 50+ years, the Special Olympics has served as a beacon of inclusion for aspiring athletes with disabilities. This now-worldwide institution started in 1968 in Chicago and was the brainchild of Eunice Kennedy Shriver — President John Kennedy’s sister. At that time, developmentally disabled children were often institutionalized and intentionally separated from their families. Eunice had seen how societal pressure ultimately affected how her sister, Rosemary, was treated because of her intellectual disability. She was inspired to look for constructive and enriching programming options...
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103: What is a “No Contest” Clause and When Does it Really Apply?
Absolute Trust Talk
You’ll find no shortage of captivating stories in the realm of estate planning. Tales of barely legible handwritten notes found in obscure places that detail a decedent’s wish to bequeath their fortune to someone they had only just met. Or accounts of family members becoming estranged and a child or other loved one is left out of the estate, which is then capped off with the ever-popular “no contest” clause threat. Life is complex, and so are family dynamics. Some family relationships fray while others grow stronger, and it’s not surprising that these shifts are often memorialized in...
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110: Free and Appropriate Public Education: How Do I Get One for My Special Needs Child?
Absolute Trust Talk
Being the parent of a special needs child is an exceedingly demanding role that comes with innumerable responsibilities geared toward helping that child navigate the world around them in the most enriching and gratifying way. The most important of these responsibilities is seeing that the child receives the best education possible, maximizing their social and behavioral skills. This is a challenging task. The term “special needs” covers a wide range of disabilities, so the nature of that education will vary considerably from child to child. However, these children all have one thing in...
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109: Wondering How NFTs are Changing the Future of Fine Art?
Absolute Trust Talk
At first glance, non-fungible tokens, or NFTs, would seem to have little place in the world of fine art. After all, they’ve only been around for nine years, and during that time, they’ve developed a reputation as an abstract form of digital currency only fully understood by tech-savvy early adopters. The mere mention of NFTs raises a bit of skepticism in some circles, partly because not many of us comprehend the technology behind them. Ask someone to explain NFTs and blockchain technology in layman’s terms, and you’re likely to hear plenty of stammering and double talk,...
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108: Is Your Loved One Really Safe in Their Nursing Home?
Absolute Trust Talk
It’s a scenario you’d never want to imagine — let alone experience — but it happens more often than you’d think. After doing hours and hours of research, and asking all the right questions to a list of skilled nursing facility candidates for a loved one who needs long-term care, you decided on what you believe was the best option. Later on, you come to find out that your loved one failed to receive the care they were promised and showed signs of abuse. If you’re like many people, you may have thought that facilities like the one you chose were guided by a sense of duty to the...
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107: What Are Commonly Overlooked Money Issues When Splitting Assets in a Divorce?
Absolute Trust Talk
Whether you’ve experienced it yourself or have seen it happen to someone close to you, you’re likely to agree that there aren’t many life events that are more emotionally taxing than divorce. Two lives that have been bound together — by law and through shared experiences — are severed, and with that comes the necessities required to complete that break. The emotional component, however, often makes every step in the process as contentious as it can be, with both parties not only going to the mat to look after their own best interests but sometimes — let’s face it — also...
info_outlineIn episode 17 of Absolute Trust Talk, Kirsten welcomes Kantor & Kantor, LLP partner Michelle Roberts into the studio. Michelle has focused her entire career on helping claimants win disability claims under employer-provided disability plans. She is also a specialist in the act that governs disability benefits provided by employers, known as ERISA, which stands for the Employee Retirement Income Security Act of 1974. In this episode, she highlights the most important tips, tricks, and strategies surrounding all things disability income.
Kirsten and Michelle begin by talking about the different types of disability income. They later discuss common mistakes that people make when filing for disability, and why it’s crucial for someone filing for disability to seek an attorney’s advice. Then Kirsten and Michelle break down the multitude of ways in which claimants can get into trouble when their claim gets denied, limitations that people might not realize about disability policies and what types of disability are covered by private plans.
Top Takeaway from Episode #017:
- If you do have a denied disability claim, seek legal advice before you move forward – there are too many pitfalls that could cause even more damage.
Time-stamped Show Notes:
2:30 – Michelle starts by discussing the different types of disability income benefits that are available
5:40 – Because the focus of the show is on private benefits, Michelle highlights what ERISA is and how it governs disability income benefits
9:47 – Kirsten asks Michelle to share some of the most common mistakes she sees people make when they are trying to get disability from employers
13:20 – Why it’s important for someone filing disability to talk to an attorney before going it alone and getting the process started
18:05 – If a claim initially gets denied, but the appeal gets approved, does the claimant get the full amount they were originally pursuing?
19:50 – Michelle discusses how “pre-existing condition” applies to the disability world
22:00 – Kirsten asks Michelle, “Are there other limitations buried in these policies that people need to know about?”
26:00 – It sounds like an expensive process of pursuing legal help to apply for disability in the right way. Is that a deterrent for people?
27:25 – Michelle discusses what types of policies are covered by private policies
Episode #017 Freebie:
Filing for disability might seem straightforward, but what many people don’t realize is that it is much trickier than, “My doctor says I’m injured and can’t work.” Absolute Trust Talk guest and disability expert Michelle Roberts is sharing with listeners a vital planning tool called A Guide to Disability Benefits. This straightforward blueprint lays out the different types of disability benefits and walks you through the steps to pursuing a disability claim not just the right way, but also the smart way. Click here to download your copy of A Guide to Disability Benefits.
Resources/Tools/Links Mentioned In This Episode:
Michelle’s Blog – Your ERISA Watch: www.erisawatch.com
Michelle’s Guest Blog Appearance on Absolute Trust Counsel Blog: What’s In Your Medical Records? The Importance of Doctor’s Notes to Support Long-Term Disability Claims Under ERISA