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Attorney embezzled by keeping Social Security checks (access required)

Published: February 11, 2013

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An attorney embezzled law firm funds when she deposited government checks for Social Security fee payments into her personal account — even though the checks were made out to her, the Virginia Court of Appeals has ruled in affirming a criminal conviction.

Taxpayer’s income included Social Security payment (access required)

Published: January 8, 2013

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A taxpayer was required to include a $73,000 lump-sum payment of Social Security benefits in his gross income, even though he was required to reimburse his private disability insurer for that amount, the U.S. Tax Court has ruled in upholding a $16,000 deficiency assessment.

After-born twins can’t get survivors’ benefits (access required)

Published: January 2, 2013

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Twins who were conceived by in vitro fertilization after their father’s death are not “heirs” who qualify for Social Security survivors’ benefits, the Michigan Supreme Court has ruled in answering a certified question from a U.S. District Court.

Vietnam vet may get Social Security for PTSD (access required)

Published: November 14, 2012

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The Social Security Administration improperly denied disability benefits to a Vietnam veteran who claimed he suffered from post-traumatic stress syndrome, the 4th Circuit has ruled in reversing judgment.

Attorney fees in Social Security case subject to offset (access required)

Published: November 8, 2012

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Federal law authorized an offset for an award of duplicative attorney fees in a Social Security benefits case, the 9th Circuit has ruled in affirming judgment.

Social Security benefits aren’t ‘income’ for debtor (access required)

Published: November 1, 2012

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A couple’s monthly Social Security benefits should not be included in the projected disposable income calculation for their Chapter 13 plan, the 5th Circuit has ruled.

Debtor not required to use Social Security income in repayment plan (access required)

Published: October 29, 2012

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A Chapter 13 debtor is not required to include Social Security income in the calculation of his projected disposable income, the 10th Circuit has ruled.

Social Security attorney’s hours improperly capped (access required)

Published: August 28, 2012

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A federal judge could not subject an attorney’s hours to an artificial cap when awarding fees in a Social Security benefits case, the 9th Circuit has ruled in reversing judgment.

ERISA plan can’t recover overpayment (access required)

Published: July 2, 2012

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An ERISA plan could not maintain a claim for equitable relief to recover overpaid long-term disability benefits, the 9th Circuit has ruled in reversing a summary judgment.

Supreme Court rules: State law trumps biology (access required)

By: Kimberly Atkins
Published: May 30, 2012

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WASHINGTON – As the use of assisted reproductive technologies continues to increase, a recent U.S. Supreme Court ruling has family and estate planning attorneys warning their clients of unforeseen consequences from decades-old federal and state laws governing children’s benefits.

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