Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M.
for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson
Publications)
Social Security
Topical Outline
a. Introduction and Historical Background
b. Concept and Problems of Social Security
c. Planning for retirement
d. Eligibility for retirement benefits
d. Determination of Retirement benefits
d. Collecting benefits
(1) early retirement
(2) benefits for family members
(3) spousal benefits
(4) benefits for a divorced spouse
(5) benefits for children
(6) benefits for survivors
(7) special one-time lump sum death benefit
e. how to apply for Social Security Retirement Benefits
f. Right to Appeal
g. Social Security Disability Benefits
(1). Important Disability Regulations and how
to apply
(2) Other grounds for Disability Benefits
(3) Recertification of Disability
h. Social Security Earnings Test
i. Taxation of Social Security Benefits
j. Rules for Determining Taxability of Social Security
k. Social Security Benefits Worksheet
l. Overpayment of Social Security Benefits
m. Supplemental Security Income Programs
(1) Who can qualify
(2) Residency and Citizenship requirements
(3) Basic Rules for obtaining SSI
(4) How to apply
Learning Objectives
a. to learn about Social Security, and the benefits provided
b. to read and interpret the federal codes which relate to the
Social Security Act
c. to understand the current law on Social Security .
d. to understand how to apply, who qualifies, basic rules, the
various programs, and how to do a Social Security worksheet, and
how to fill out the various forms and documents.
e. to learn how to appeal a decision, and the laws, rules, and
cases which apply to appeals.
Job Competencies
a. to be able to assist the client in determining their retirement
benefits.
b. to be able to assist the client in collecting benefits under
the various programs and categories.
c. to help clients apply for Social Security Benefits, and Social
Security Disability Benefits
d. to be able to prepare a Social Security Benefits Worksheet
for an elder law client
e. to be able to fill in the various documents required for Social
Security
understand how to help a client in the event that no advance directives
have been executed
Key Concepts
Social Security is an essential benefit in planning for the later
years of life. Dealing with the Social Security Administration
can be very frustrating for the elder law client. It is the responsibility
of the elder law attorney and paralegal to assist the elder law
client and to reduce the tension and anxiety, and fear created
in the elder law client. Both attorney and paralegal must learn
how to deal with the bureaucracy of the Social Security Administration,
and to learn the myriad of rules, regulations and documentations,
and to help take the "mystery" out of the process so
that the elder care client can focus on other issues in their
later life.
