No splitting Social Security: But courts can use other assets to make up the...
A state court can’t split or “equalize” Social Security benefits as part of a divorce judgment, the Michigan Court of Appeals ruled. The court said a trial court can, however, consider how much...
View ArticleSurvivor’s loss benefit claim for domiciled minor holds up
In a declaratory judgment action filed in Oakland County Circuit Court, plaintiffs surviving dependents sought survivor’s loss benefits pursuant to MCL 500.3108, from defendant first-party no-fault...
View ArticleSocial Security set-off sought by widow
In a confidential lawsuit, plaintiffs surviving dependents sought survivor’s loss benefits pursuant to MCL 500.3108-09, for the three-year statutory maximum from defendant first-party no-fault...
View Article‘Economically driven strategy’ key in support case
Unclaimed social security benefits don’t have to be automatically imputed as income for child support purposes if the parent can show a delay in his application was done for an economically driven...
View ArticleSocial Security – Credibility determinations subject to harmless error analysis
A Social Security administrative law judge’s (ALJ’s) determination that the claimant’s credibility was suspect, based, in part, on the faulty assumption that she climbed and fell from a ladder four...
View ArticleFamily Law – Social Security benefits garnished to pay periodic spousal support
Plaintiff’s spousal support obligations to his ex-wife are best understood as periodic alimony. As a result, the trial court erred by ending the garnishment of plaintiff’s Social Security benefits to...
View ArticleSocial Security – Availability of jobs for disability claimant is fact question
Where a Social Security disability claimant’s entitlement to benefits depends on whether there is a significant number of available jobs that she could perform, determining the number is not a legal...
View ArticleSocial Security – District court must explain EAJA fee reduction in greater...
The district court’s reduction of an attorney’s fee request under the Equal Access to Justice Act from more than $31,000 to $8,000 must be explained in greater detail on remand.
View ArticleNo-Fault – Old-age Social Security payments are part of survivors’ loss...
The trial court correctly ruled that old-age Social Security benefits are “tangible things of economic value” under the no-fault act and can be used to calculate survivors’ loss benefits.
View ArticleRetirement decisions — why, when and how
Throughout our life we make many decisions that have an impact on our future. How much and what type of schooling/training we receive impacts the jobs for which we may be qualified.
View ArticleA lesson on Social Security Disability benefits
This information also will help solo and small firm lawyers understand their rights and responsibilities when they employ people.
View ArticleSocial Security- Relevant evidence — what a ‘reasonable mind’ might accept as...
A decision is supported by substantial evidence if a reasonable mind would conclude that the evidence is both relevant and adequately backs it up.
View ArticleMore to retirement than ‘What’s your number?’
Everyone wants to know if they are on track for a successful retirement and if they can afford to retire. Improvements in health care, along with longer life expectancies, have changed the idea of...
View ArticleSocial Security lawyers eye change in fee distribution
A federal district court ruling out of Rhode Island has Michigan Social Security attorneys hopeful that the way in which their attorney fees are distributed may soon change.
View ArticleSocial services – Disability — Social Security Act
Where an application for Social Security disability insurance benefits was denied based on an administrative law judge’s finding that the plaintiff did not qualify as “disabled” under the Social...
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Social Security – Availability of jobs for disability claimant is fact question
Where a Social Security disability claimant’s entitlement to benefits depends on whether there is a significant number of available jobs that she could perform, determining the number is not a legal...
View ArticleClik here to view.
Social Security – District court must explain EAJA fee reduction in greater...
The district court’s reduction of an attorney’s fee request under the Equal Access to Justice Act from more than $31,000 to $8,000 must be explained in greater detail on remand. The post Social...
View ArticleClik here to view.
No-Fault – Old-age Social Security payments are part of survivors’ loss...
The trial court correctly ruled that old-age Social Security benefits are “tangible things of economic value” under the no-fault act and can be used to calculate survivors’ loss benefits. The post...
View ArticleClik here to view.
Retirement decisions — why, when and how
Throughout our life we make many decisions that have an impact on our future. How much and what type of schooling/training we receive impacts the jobs for which we may be qualified. The post Retirement...
View ArticleClik here to view.
A lesson on Social Security Disability benefits
This information also will help solo and small firm lawyers understand their rights and responsibilities when they employ people. The post A lesson on Social Security Disability benefits first appeared...
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