FCE: Aren’t all they’re cracked up to be!

Social Security claimants maybe referred for functional capacity evaluations (FCE). An FCE evaluates a person’s capacity to perform work activities.  While an FCE may seem like the ideal test for a claimant to undergo in order to support an application for Social Security Disability benefits. Yet, it seems like FCE’s generally work agai...

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How Much is My Disability Benefit Going to Be?

One of the most common questions I get from disability clients is – If the Judge grants my disability, much is my disability benefit? For many disabled workers the disability benefit they receive from Social Security will be there only form of income for the rest of their lives. Social Security calls the disability benefit […]

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Qualified Income Trust and Medicaid Planning

It is estimated that 70% of people turning age 65 will need long-term care at some point in their lives. Common examples of long-term care include a home health aide, an assisted living facility, and full time nursing home. In Texas the average annual cost to receive home health care or living in an assisted […]

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Guardianship: Less restrictive alternatives

Guardianship is a Court supervised process where the Court give the legal authority to a person to make personal and/or financial decisions for a person who is incapacitated. Texas law defines an incapacitated person as a minor or an adult who because of a physical or mental condition is substantially unable to provide for themselves. […]

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Estate Planning and Same-Sex Marriage

The upcoming decision in Obergefell v. Hodges could have wide ranging impact on LGBT couples in Texas. The question Obergefell will answer is whether the Fourteenth Amendment requires a State, like Texas, to recognize a marriage between a same-sex couple that was lawfully licensed and performed out-of-state. The Fifth Circuit Court of Appeals heard...

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Probate or Not to Probate, that is the Question.

The passing of a family member is a tough time. Many times people decide not to probate a will without an attorney because their family member didn’t have anything to probate. Unfortunately, this can create several problems. The American Bar Association defines Probate as the formal process by which recognition is given to a will […]

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The Family Limited Partnership and entrepreneurs

The Family Limited Partnership can be a very useful estate planning tool for entrepreneurs and small business owners wishing to transfer ownership of assets to family members and subsequent generations. A Family Limited Partnership can be used to achieve four goals. Asset protection in the event of a lawsuit. Reducing potential tax liability of an ...

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What is an Estate Plan?

Estate planning is considered a preventative practice of law. A proper estate plan distributes your property and assets to heirs in a smooth and timely fashion. An estate plan instructs who should and how to make medical and financial decisions is you become incapacitated. I have a will, so do I have a plan? No. […]

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Non-testamentary Transfers and Reasons to Avoid Probate

Estate Planning is, in part, about controlling the disposition of your property upon death. Probate is often an expensive, burdensome, and lengthy process. In Texas the Estates Code (formerly the Probate Code) allows for two types of formal probate administration: Independent Administration and Dependent Administration. Independent Administration a...

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Can I get Social Security Disability if I have seizures?

Some seizures disorders can be debilitating. There are several seizure classifications: Focal Seizures; Complex Partial Seizures; and Generalized Seizures. The most well know types of seizures are grand mal and petit mal. No matter the classification of your seizure disorder you may qualify for Social Security Disability Insurance Benefits (SSDI) o...

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