KLOKWISE

“It is a wise father that knows his own child.” ~William Shakespeare The United States’ first Father’s Day was celebrated in 1910. In our culture, the role of fathers has changed over the years. Approximately 6 out of 10 men are fathers. That is about......

It is that time of year. Your teenagers are going to prom, that high school right-of-passage for many. Perhaps you remember your prom night and are completely relaxed, or your prom night was off the rails and you are now in a state of panic,......

What you may not know about recorded plats and implied easements. What is an easement? An easement is “…the right to use real property of another for a specific purpose.” APA: Easement Definition | Law.com (n.d.).  So basically, you still own your property but someone......

If you’re like many people, you’ve probably heard that divorce is expensive. While there is some truth to the rumors, divorce does not have to break the bank. What many people don’t realize is that your behavior often plays a big role in the cost.......

Veterans of the U.S. Armed Forces are typically eligible for many terrific benefits when they leave the service. From college benefits to hiring preference in many government jobs, there are some benefits that just come with being an honorably discharged veteran. However, VA disability compensation......

When selling a home, a lot of homeowners hire a realtor and think that the realtor will handle all of the paperwork and other details. This can be a big mistake. While realtors can be very knowledgeable about home purchases and the local market, it’s......

When meeting with a South Carolina Child Support Lawyer for the first time, there are a lot of questions you will likely want to ask. But you should also be prepared to bring a lot of documents and information with you, as these will help......

For decades, it was taken for granted that men fared worse in divorce than women, especially when it came to obtaining custody or visitation time with children. And for many years these assumptions seemed to hold true. Recent research, however, is showing that times may......

Nothing beats a hometown bar with a great cover band. Live music, cold drinks, and that friendly neighborhood atmosphere can bring a smile to everyone’s face. For bar owners, however, there can be hidden complications to having live music. In fact, live music has become......

Most disabled veterans today are aware that the Department of Veterans’ Affairs (VA) rates disabilities using a bizarre calculation that many people jokingly call “VA Math.”  But what many veterans do not realize is that you can be determined to be permanently and totally disabled......

If you live in South Carolina and want to get a divorce, then you’ve probably heard that you have to have grounds. In other words, you can’t just get divorced without a reason. This can be a little deceiving, though, because it makes it sound......

Since 1827, America’s railroads have been one of the safest and most efficient ways to travel. Even with the invention of the automobile, steam boats, and air travel, trains have remained a popular form of travel throughout the U.S. But when trains wreck, the consequences......

Many people who are denied Social Security Disability Insurance (SSDI) don’t really understand why. Many times it’s a medical reason; sometimes it’s a technical or legal reason.  The younger you are, the harder it generally will be to qualify for SSDI. This is partly because......

Every state handles divorce a little differently, but in general, parents are required to maintain basic support of their children during and after a divorce. This support can take many forms, ranging from making payments to a spouse in order to assist with groceries and......

For active duty military, divorce can be a very different experience. The demands and logistics of being in the Armed Forces can make it a lot more challenging just to do the basic things you normally have to do during a divorce. While technology has......

Since so many South Carolina divorces and child custody cases involve at least one spouse who is currently serving in the Armed Forces or who have previously served, military pensions, thrift savings plans, and VA disability benefits are quite frequently a topic of great concern.......

Imagine you own a large tract of land, and you discover someone has been using it for years without you even realizing it.  It may seem clear that you can get rid of them without much complication.  After all, we all know it’s wrong to......

South Carolina is home to a lot of military bases, especially for a relatively small state. We have two major initial recruit training centers – Parris Island for Marines and Fort Jackson for the Army. With so many military personnel living in the state, a......

Most truck drivers are true professionals.Becoming a commercial vehicle driver is a challenging and difficult career with big rewards and big risks.  Sadly, like all professions, a few bad drivers can really hurt public perception.South Carolina trucking accident lawyers know all too well the devastation......

When you are applying for disability compensation with the VA, there are several options for getting the help you need. But not all representatives are the same. It’s important to understand the differences and what they can and cannot do before choosing your VA disability......

As if going through a divorce with children wasn’t bad enough, many parents are rightfully concerned that their small children will be put in the horrible position of being forced to “choose” between mom and dad. They wonder – can a child testify in a......

Divorce is rough for everyone involved – men, women, kids, and even the attorneys who represent them. In particular, research tends to show that men coping with divorce generally fare negatively, and it’s not just the legal terms of a divorce that disproportionately affect men.......

The new GOP tax bill brought about sweeping changes to just about every sector of the U.S. economy. As with any major legislative change, small business owners everywhere are wondering how the new law will affect their bottom line. For those just starting out in......

Recent figures from the Social Security Administration suggest that over 65 million people received some form of social security benefit in 2015. This number includes children, retirees, and disabled adults. In fact, 5.4 million individuals were newly awarded that year.  While this may seem like......

For the better part of the last century, alimony was a deduction for those who are ordered to pay it. Recently, President Trump signed into law the new tax bill, which will have sweeping implications for those going through divorces. Beginning with January 1, 2019,......

A 2014 study reported in Computers in Human Behavior, suggested a direct correlation between usage of social media and divorce.  If you are facing a divorce, you know the emotional toll that it takes on you and your family. Sadly, ever since social media entered......

One of the most frustrating parts of a divorce is having to split assets, which also sometimes means paying your ex-spouse money. Some clients may regard this as “paying for peace” or paying a “severance check” to an ex, the truth is the law has......

So, you’ve purchased your new home. You are excited to settle in. Your first weekend in the new home, you’re sitting in your favorite chair, drinking coffee and watching children play in the beautiful new living room. Then it happens: the air conditioner goes out.......

A recent article of Marie Claire discussed a handful of reasons why people have gotten divorced. Everyone knows the big reasons, such as fighting over money, infidelity, and sex. And although some of the stranger reasons for divorce may seem like little more than tabloids,......

Sleep apnea is a very common medical condition, with roughly 22 million Americans suffering from some form of the condition. This is according to the American Sleep Apnea Association. However, there is a broad range of severity, and no two cases are exactly the same.......

With all of the press relating to frivolous lawsuits and outrageous plaintiff’s verdicts over the past 20 years, laws have been written to strictly limit personal injury settlement amounts. Unfortunately, many of these laws are based on questionable statistics and emotional appeals....

When two people get divorced, the court must divide everything. In South Carolina, divorce court judges must determine a number of issues, from how to divide personal property and visitation schedules to child support and alimony (“maintenance”). Each of these issues is dealt with in......

Divorcing couples hear the phrase often from attorneys and judges: “the best interests of the child.” But what exactly does this mean? Clearly, most parents feel they are acting in their children’s best interests, even if opinions may vary widely between disputing sides.  Indeed, most......

Roughly 22 million Americans suffer from sleep apnea. Stripes reports that about 25,000 veterans made sleep apnea VA disability claims in 2015 alone. This is up from less than 1,000 in 2001. Therefore, the U.S. Department of Veterans Affairs has been looking at ways to reduce......

The U.S. Supreme Court has explained that the “obvious truth [is] that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty.” Johnson v. Zerbst, 304 U.S. 458 (1938)....

Reports all over the web are saying that the U.S. Department of Veteran’s Affairs (VA) is making significant improvements in the timeframe necessary to decide disability claims. But this only tells half of the story. The VA itself claims to have made substantial improvements by......

A lot of people misunderstand “common law” marriage, mistaking it for cohabitation. Only eight states still honor and permit these old-fashioned common law marriage unions, and five others recognize them if entered into by a certain date. South Carolina remains one of the states that......

When you are injured in an auto accident and someone else is at fault, the law says that person is responsible for paying you for all damages that he or she caused. This means paying your medical bills, damage to your vehicle or its contents,......

Prenuptial agreements (“prenups”) are definitely a tough topic to bring up with someone you love. After all, it’s hard to convince someone you love them and want to spend the rest of your lives together, while also asking them to sign a contract regarding what......

If you are a veteran of the Armed Forces or a loved one of a veteran, then you probably already know about many of the excellent programs provided by the federal government, such as the Montgomery GI Bill and VA Disability Compensation. What you may......

It may seem unusual to hear a divorce attorney giving advice on making peace, but in truth, divorce lawyers want their clients to be happy. They want to see happy clients and happy kids. No one wants to see a case dissolve into chaos and......

Members of the Armed Forces are often deployed to regions of the world where waste disposal is not as advanced as it is in the U.S. For those veterans who were stationed in combat theatres abroad, open burn pits were commonly used to dispose of......

Many veterans receive Social Security benefits. But it’s important to understand the fundamental differences between the two programs, because there are different types of “benefits” available under both systems (VA and SSA). Since VA disability compensation is an earned benefit and is nontaxable, it is......

A Child Support Order is a legal court document that requires the parties to comply with its terms. Violating a Support Order can result in steep fines, interest charges, and even the loss of numerous privileges, such as your driver’s license. In extreme cases, it......

It’s an unfortunate yet common scenario. A married couple lives in one place, but when the marriage goes south, one of the spouses leaves the state with the kids and files for divorce in the new state. This can make an already tense and stressful......

Getting your application for Social Security disability benefits approved can be a long, difficult, and frustrating process. While the Social Security Administration denies about three-quarters of SSD applications upon initial review, the majority of applicants that seek help from a disability lawyers are eventually approved.......

When you are injured on the job, you may be entitled to workers’ compensation benefits to cover your lost wages while you are out of work. Unfortunately, in the event of a catastrophic injury, returning to work may not be feasible. When a workplace accident......

Apart from the emotional turmoil, the financial aspect of divorce is often the most stressful. During a marriage, a couple’s finances typically become so intertwined, sorting it out fairly can get complicated. Additionally, spouses often become dependent on the other’s income to support the life......

Divorce is never pretty, but some are uglier than others. If you and your spouse are having trouble being in the same room or speaking to each other civilly, you may be setting yourself up for a long and miserable process. High conflict divorce is......

SSDI is reserved for people with impairments severe enough to keep them from performing any kind of meaningful work. It is not intended for partial or short term disability. Any disability that qualifies you for SSDI benefits is a serious condition. However, the Social Security......

Child support obligations in South Carolina are based on your income but do not take certain factors into account (such as outstanding debts or extenuating circumstances). Financial setbacks happen to the best of us. So what happens if you can’t afford to pay child support?......

South Carolina is one of a handful of states that still recognizes common law marriage. Common law marriage refers to a union in which the couple lives as though they are married, even though they never had a formal wedding or marriage license. It is......

Parental alienation occurs when a parent undermines or attempts to erode their child’s relationship with the other parent. This practice is unfortunately common—especially during a divorce—and it can be difficult to put an end to it. Although many parents are unintentionally guilty of parental alienation,......

If you are unable to work due to disability but your initial application for Social Security Disability Insurance was denied, you are not alone. Only about one out of four applications for social security disability benefits are approved upon initial review. It can be discouraging......

Social Security disability benefits are available to those who are no longer able to work due to a disability. Social Security Disability Insurance covers physical, mental, and emotional impairments. However, mental illness and mood disorders are among the most challenging disabilities to prove on a......

New research from Wake Forest University on the best child custody arrangements confirms what parents and psychologists have predicted all along: children fare better when their parents share custody. Currently, about 80 percent of child custody cases in South Carolina and across the U.S. award......

Domestic abuse is unfortunately common and widely under-reported in the United States. The risk of domestic violence is an insidious threat to millions of families in America, but the warning signs can be difficult to recognize. Because spousal abuse often begins small and gradually intensifies,......

Social Security Disability Insurance is a program that provides medical coverage and cash payment assistance for those who are unable to support themselves due to a permanent disability. Because it is intended for those who cannot work, the amount of work you are allowed to......

Social Security Disability Insurance is intended for those who are unable to work due to a disability. It often takes time, effort,legal assistance, and some hoop-jumping to get your SSDI application approved. So when your health improves, the choice to return to work (and forfeit......

Adopting a foster child comes with a unique set of challenges that are not seen with foreign, infant, and domestic adoptions. However, fostering a child can be a way to “test the waters” before making the permanent and irrevocable decision to adopt. There are currently......

Accurately determining income and other assets is an important aspect in every divorce case. The income of each spouse is used to determine an equitable division of marital property, as well as the number of potential alimony payments. In South Carolina, child support payments are......

Divorce is an unpleasant process for most couples. Divorce with a business involved can be even more complicated and combative. Couples usually do not want to remain business partners once the marriage is over. In these cases, the spouses will need a double divorce: one......

If you are a disabled veteran, you may already know it is possible to qualify for bothveterans’ disability benefits andsocial security disability. The rules and qualifications for each program are unique. You might qualify for one program but not the other, or you may be......

When a person is injured on the job in South Carolina, they may be entitled to workers’ compensation benefits. Occasionally, an employer will try to take advantage of an employee’s unfamiliarity with South Carolina’s workers’ compensation system to avoid paying a fair settlement. In cases......

It is no longer rare for people to divorce after decades of marriage. While the overall divorce rate in the United States is at its lowest point since the 1970s, divorce among older Americans is on the rise. Nowadays, about 1 in 4 divorces are......

Almost 30 years ago, the federal government mandated each state to implement a statewide computerized child support enforcement system. South Carolina’s system was supposed to be operating smoothly by 1997. Due to decades of contractor difficulties and a lengthy court battle, the Palmetto State still......

When someone develops a disability while serving our country, impairing their ability to provide for themselves and their family, the U.S. Department of Veterans Affairs steps in to ensure they are cared for—at least in theory. Sometimes, a veteran may feel left in the dark......

Every year, the Social Security Administration conducts anannual financial review and announces any changes that will go into effect in the next year. These changes often include adjustments to monthly payment amounts and rules for applying and qualifying for benefits. This post includes some significant......

Placing a child for adoption is a difficult decision, but state laws are in place to protect the child, birth parents, and adoptive families in adoption cases. Before beginning the process of adoption, it is important to understand the rights of all parties involved. Here......

The majority of American households own at least one pet, including many families going through a divorce. A couple of animal lovers that consider their pets to be family members may be prepared to fight for custody of their fur-babies. Sadly, sometimes one spouse may......

Raising children is an expensive endeavor. Co-parents who have recently separated and/or are divorcing are usually interested in finding out the amount of child support they will be paying or receiving. The amount of child support is decided objectively by the state based on the......

Many veterans are experiencing a number of chronic, medically unexplained symptoms associated with their service in the Gulf War. Those that served in the Southwest Asia theater of military operations from 1990 to the present have shown high rates of long-term health problems. Together, these......

If you have begun the process of applying for social security disability benefits, you may already know that less than 27 percent of Social Security Disability Insurance (SSDI) claims are accepted after the initial application. If your case is denied (and chances are, it will......

Nicole Belkin, a 29-year-old living in Las Vegas, NV, never gave up on finding her biological sibling. She and her brother, Jason Burnette, were both born in Lexington, South Carolina and put up for adoption as infants. After tracking down and meeting her biological parents,......

When you are injured and no longer able to work to financially support yourself, you may be eligible for Social Security Disability Insurance (SSDI) benefits. If you have worked enough qualifying quarters during your working history, you have likely been paying into Social Security. Because......

Child custody, visitation, and support is an important part of the divorce process. But when an unmarried couple separates, arrangements for their children are often left up in the air. Parents should try their best to maintain a civil relationship with their former partner, for......

When you go to a healthcare professional for medical attention or help with treating a condition, you expect that the doctor will provide you with an appropriate level of care. After all, you are putting your trust in the doctor as his or her patient.......

One of the most important aspects of a child custody plan is the custody arrangement for the summer months. For many South Carolina families, child custody works best during the school year if the children live with one parent while school is in session (e.g.,......

When military couples divorce, they face a lot of unique issues that civilian couples who are going through a divorce may not typically face. In addition to some special issues concerning proper service of process when filing for divorce and residency requirements, military couples also......

In many cases, a widow or widower has a choice between receiving Social Security disability survivor benefits based on their deceased loved one’s earning history or receiving Social Security disability benefits based on their own earnings history. The purpose of Social Security disability survivor benefits......

Since mesothelioma can result of asbestos exposure, which may have taken place many decades ago, when it comes to filing an asbestos mesothelioma lawsuit, much of the case relies on circumstantial evidence. Your lawyer will look for evidence to support your claim that your mesothelioma......

An interesting aspect of foreign divorces is that foreign divorces are not per se recognized in the United States. To say this another way, if you obtain a divorce from your spouse in another country outside of the United States, the United States will not......

Sometimes a couple’s divorce is complicated because one of the spouses lives overseas or is a resident of another country. The international divorce process can be complicated because the divorce requires an intersection between international law and American law. While there may be special considerations......

When someone is living on a fixed income, such as from Social Security Disability Insurance (SSDI) program benefits, things can become stressful if something happens that could impact their benefits. Many people who are on SSDI have a misunderstanding of how these benefits work and......

Many disabled veterans in the United States take advantage of disability benefits and financial assistance that is provided by the United States Department of Veterans Affairs (VA). One form of veterans disability benefits is the VA pension for non-service connected disability. Eligible veterans who are......

Alimony is a major aspect of many couples’ divorce decrees. One spouse is often required to pay the other spouse a certain amount of spousal support so that the recipient spouse is able to maintain the type of lifestyle that he or she has grown......

One of the toughest aspects of being divorced or separated is that one of the two parents is often burdened with a child support obligation. While child support is important for the stability of your child and helps provide for the child’s needs, obligations can......

Unfortunately, many of our patriotic service members are either killed in the line of duty or suffer serious and debilitating disabilities during their service that eventually become fatal. These brave service members often leave behind a family of survivors who are left to carry on......

The application process for Social Security disability can be long and complicated. Many people who apply are not granted benefits on their first attempt. But something that can help increase your chances of succeeding on your disability application is to work with a Social Security......

While in most circumstances when a child reaches the age of 18, new laws go into effect to govern the now-adult’s life. With the age of adulthood, many criminal offenses become more serious and new legal freedoms or rights are available to the youth. However,......

A key component of the adoption process in South Carolina is the home study. When adoptive parents want to adopt a child they must allow for a representative from the South Carolina Department of Social Services, known as an adoption investigator, to come to their......

When someone is a veteran and is disabled due to disease or injuries that either occurred or were aggravated by active military service, there are several federal disability benefits programs that provide compensation. There are also programs that pay benefits to disabled veterans, even when......

Disabled veterans who have a service-connected disability are able to collect both Social Security disability and veterans disability benefits from the U.S. government. Many disabled veterans who are totally disabled can collect both, with many getting veterans disability first and then later applying for Social......

Not all divorces are the highly contentious, bitter nightmares that you hear about. Some divorcing couples are in full agreement that their marriage is over and are both ready to move on with their lives. When a divorcing couple is able to get along during......

It is not uncommon for an unwed mother or an ill-prepared couple to unexpectedly get pregnant and not want to or be unable to take care of the baby. Knowing that a child is on the way and not knowing what to do about it......

Receiving Social Security disability benefits from the Social Security Administration (SSA) is a privilege, not a right. When you are fortunate enough to successfully obtain Social Security disability benefits from the government, you will also be required to shoulder some responsibilities and obligations in exchange......

When someone becomes disabled and is no longer able to work for a living, they may become eligible for Social Security disability benefits from the federal government. The Social Security Administration (SSA) offers two main benefit programs for providing supplemental income to individuals who are......

For many individuals, getting divorced is a heart-breaking life-event. It is not uncommon for one of the spouses to be reluctant to end the marriage. One spouse may want out of the marriage though the other spouse may not want to end things. Sometimes one......

Many people share the misconception that once a divorce is complete, there are no more steps to take. However, most of the time, that is not true, particularly if your final settlement negotiated issues related to the division of retirement accounts or issues regarding custody......

One disability that is particularly difficult for afflicted veterans to deal with is post-traumatic stress disorder (PTSD). PTSD is an anxiety disorder where the individual relives a traumatic experience in their mind, but for them the experience is very real. Usually PTSD affects veterans who......

Recipients of Social Security Disability Insurance (SSDI) benefits at times are surprised to learn that the Social Security Administration (SSA) has terminated their benefits. One reason they have been canceled may be that the recipient of the benefits has started to earn too much money......

Divorcing couples often have a misconception that once their divorce is finalized, they are done with the process. One “loose end” that is often overlooked is entry of a Qualified Domestic Relations Order (QDRO) to divide certain retirement accounts pursuant to the final divorce decree.......

Many social security disability claims often experience serious delays before being accepted. Your disability application could get tied up at the SSA for many months or even years, leaving you unable to work and with no source of income. However, once your disability claim is......

In order to receive Social Security Disability Benefits (SSDI), an applicant must fill out an application and be approved by the Social Security Administration (SSA). Unfortunately, many people do not exercise their due diligence before applying for benefits. At times, they fall prey to social......

In custody cases where there is a contest regarding minor children in South Carolina, a judge will typically appoint a Guardian Ad Litem (“GAL”). The role of SC guardian ad litems is to help the judge evaluate what is in the best interest of the......

Oftentimes people do not think about the specifics of their retirement plan in great scrutiny during their everyday lives.  Unfortunately, once you initiate a divorce process, the majority of your assets are “put on the table” so to speak. You are forced to understand how......

In dire circumstances, the Social Security Administration may pay an individual their benefits before their application is officially approved. The approval process for Social Security benefits is typically so lengthy (in some cases, it can take up to two years), that an individual may not......

In an ideal world, the best scenario for a divorce case is that it would be filed, the parties would agree on all of the issues, and then they would enter a settlement proposal where they could finalize their divorce. Unfortunately, given the huge emotional......

A substantial number of people elect to receive Social Security Disability benefits if they are eligible. What is unclear for many is how collecting these benefits will affect their future retirement benefits and what happens to these disability benefits when employees reach full retirement age. ...

In this article, we’ll cover contempt of court and child custody in South Carolina. Oftentimes, children get in fights with their parents. This can be particularly problematic when children of divorced parents get into a fight with one parent that leads them to refuse to......

When an individual applies for Social Security Disability Benefits (SSDI) from the Social Security Administration (SSA), the SSA will look at grids as part of their analysis to determine whether benefits should be awarded. Specifically, the SSA will consider the following factors: Your age Your......

Imagine you are going through a contentious divorce case with your soon-to-be ex-spouse. You are so caught up in your divorce that you stop performing well at work and you decide to quit your job. Now your spouse wants to ask you to pay child......

The Aid and Attendance (A&A) Pension is a benefit available to veterans and their surviving spouses who require the regular assistance of another individual to perform basic tasks such as eating, bathing, dressing, or undressing. In general, A&A is available to those veterans and spouses......

South Carolina follows the majority of states in adopting the income shares model to calculate child support in a divorce. The income shares model is structured to mirror the amount of support children would receive if their parents were still married. This means a parent’s......

You are in the midst of a contentious custody battle and you are dreading the upcoming holiday. Rather than talk about it with your spouse who is giving you the silent treatment, you opt to ignore the looming problem and decide instead to see how......

In the case of Social Security Disability Benefits (SSDI), older age often means a higher likelihood of getting awarded benefits. One major reason why this is the case is because the Social Security Administration uses what’s referred to as SSA grid rules to determine eligibility.......

There are some conditions experienced by veterans that are so unique to their military service that the VA automatically presumes that they are service-related. As a result, disability compensation is awarded without question. These conditions fall into certain groups, and are generally classified as conditions......

Southern states including South Carolina are known for having higher divorce rates than any other region in the United States. In fact, the American Community Survey published a study that found there are 11.1 divorces for every 1,000 women and 10.2 divorces for every 1,000......

It typically gets easier for individuals to prevail on disability benefits claims as they get older, especially when they are over the age of sixty. This is based in part on the general premise that the Social Security Administration (SSA) will consider that it may......

A Cost of Living Adjustment (COLA) is undergone each year to determine whether or not the amount of Social Security benefits a person receives each month needs to increase or stay the same. By law, the Social Security Administration is required to increase the amount......

Annulment in South Carolina, though less frequent than divorce, is still a common path to consider if you qualify. To understand whether an annulment is a right path for your case, there are some basics you should first understand about the differences between annulments and......

More often than not, a spouse is not “caught in the act” of adultery. Rather, one spouse may catch glances at their partner’s texts planning to meet when they are not around. Perhaps some mutual friends have even heard rumblings that one spouse is having......

One of the necessary prerequisites to building a successful claim for Social Security disability benefits is establishing that you in fact have a medical disability. Specifically, any person who files a disability claim must produce “acceptable medical evidence” that supports that establishes proof of a......

When a family decides to adopt someone new into their family, it is a beautiful and wondrous occasion for all involved. Unfortunately, however, the process is not always straightforward. There are many confusing and potential pitfalls that families looking to adopt would do best to......

Many forms of benefits—disability or otherwise—are given for a predetermined amount of time, or until the beneficiary no longer needs them. But how long does VA disability last? Simple. A person can receive veterans’ disability benefits indefinitely depending on ongoing status checks and other factors.......

Many individuals who apply for disability benefits suffer from a type of respiratory disorder. Common respiratory disorders include COPD, Cystic Fibrosis, Sleep Apnea, Pneumoconiosis, Asthma, Pulmonary Hypertension, and Respiratory Failure. When evaluating a disability benefits claim, the Social Security Administration (SSA) uses their promulgated regulations......

In 2002, President George Bush signed Public Law 107-135, which grants the right to free chiropractic care to eligible veterans. Since 2004, this service has been included in each veteran’s Medical Benefits Package. Unfortunately, like most benefits provided by the VA, many veterans are completely......

Imagine you are currently incarcerated with a disability. You just learned of your release date but you realize that once you are released, you will have no means of supporting yourself unless you start receiving some form of disability benefits. Is it possible to apply......

There is no better reason to seek a divorce than when one spouse is experiencing domestic violence at the hands of the other spouse. No one deserves to be trapped in a physically abusive relationship. When seeking a divorce on the grounds of domestic violence,......

If you are applying to receive or are already receiving disability benefits and are convicted of a felony, one of your primary concerns is likely the impact of your conviction on your eligibility to receive SSDI benefits. While generally, a conviction itself will not affect......

According to the Social Security Disability SSI Resource Center, only 30 to 35 percent of Social Security disability benefits claims are approved the first time. Once a claim is passed through to the reconsideration appeals stage, that rate drops to just 10 to 20 percent.......

Before the divorce process can begin, you have to deliver or “serve” divorce papers on your spouse. For most people, this step is no problem, as many couples are still cohabitating at the time of divorce. However, many others separate long before the divorce process......

If you begin suffering from a disability that causes you to lose your employment, the first question you often ask yourself is whether you could receive any benefits. If you can, the question then becomes if any of your other family members could potentially qualify......

Did you know that volunteering can disqualify you for disability benefits? Depending on the circumstances, the Social Security Administration (SSA) may deem your volunteer work to be “substantial gainful activity” and discontinue your benefits. According to the SSA, “substantial gainful activity,” or SGA, is an......

Becoming engaged and getting married to someone new after going through a divorce is a wonderful occasion. It marks a new beginning in the next chapter of your life. Unfortunately, remarriage after divorce may also have some repercussions on any orders entered by a family......

Obtaining a divorce marks an important turning point in a person’s life that can have impacts that many people do not realize until much later. One significant change in a person’s life both during the divorce process and after is the change in tax status......

There may be very little love and trust between two spouses going through a divorce. Many spouses attempt to hide their assets in order to decrease the amount of property that will be divided and effectively keep more for themselves. Hidden assets in a divorce......

Individuals frequently apply for mental health disability benefits. Oftentimes, however, these benefits are difficult to receive. Claimants may be unable to pinpoint specific impairments resulting from their mental disorder in the same way a claimant seeking benefits for a physical disorder would be able to......

According to an audit done by the Veterans Benefits Administration, 239,000 veterans received a 100 percent disability rating as of 2009. There are currently 3.9 million disability compensation recipients. That means that approximately six percent of disabled veterans currently receive enough benefits to live off......

One of the biggest sticking points in raising children together after a divorce is the matter of extracurricular activities: which ones will they do, who will be responsible for the costs and for getting the child to the activity, and whose time will the activities......

People often put off applying for disability benefits for a number of reasons. They may be overwhelmed by the paperwork, afraid of not receiving any benefits, or scared they cannot gather all the requisite records. There are several common mistakes a claimant should always avoid......

If you’ve ever asked “Can the VA reduce my disability benefits?” you need to read this article. The VA can reduce and even terminate disability benefits under limited circumstances, but only after a reexamination. When VA benefits are reduced or terminated, it can be devastating......

Communication may be the key to a good marriage but when it comes to divorce proceedings it can serve to hurt one party or the other, either emotionally or legally. When it comes to divorce communication, words spoken or written in the heat of the......

Most people going through child custody cases are familiar with the term visitation and what it means for a parent or child in the situation. In most cases for a parent, it allows them to have time to visit with their child in order to......

Occasionally, the Social Security Administration (SSA) may accidentally overpay you. This may happen just once, or it may happen over a period of monthly payments. For instance, if your Social Security Benefits are supposed to be $1,180 monthly, but you have been receiving $1,380 a......

Imagine you have gotten over the first hurdle and have received notification from the Social Security Administration (SSA) that after months of trying to apply for Social Security Disability Insurance (SSDI) benefits, the SSA has approved your application. Now that you can start receiving benefits,......

Many people are familiar with the idea of alimony, or spousal support, as it is more commonly known. After a divorce, one spouse may owe the other money for support after the marriage has ended. What many people do not realize though is that there......

Establishing paternity over a child gives the father legal, social and economic rights to his child. The father of a child who has established his paternity over the child is entitled by law, barring extraordinary circumstances, to have the right to a full parent-child relationship.......

In 2015, over 775,000 people received awards of Social Security Disability Insurance (SSDI) benefits from the Social Security Administration. Once someone begins receiving SSDI benefits, a key concern they face is whether these benefits could later be terminated. If you start receiving SSDI benefits, it......

For many individuals who receive Social Security Disability Benefits, their disability may prevent them from doing certain types of work but not from others. For instance, an individual with a back injury may be unable to perform any job duties that require them to lift......

We have discussed the division of property here before. Who gets what after a divorce and who is responsible for the debts and other liabilities is a big concern for most people. Not all debts are created equal, and this is especially so for a......

People find themselves in unfamiliar territory when it comes to obtaining a divorce, yet just under half of all married couples in America at some point stand in front of a judge in a family court seeking a divorce. When people are in this unfortunate......

During a divorce in South Carolina, the property that is in the marriage is split between the divorcing spouses. While both spouses can come to an agreement as to how the marital property is divided up, many times emotions trump reason and the spouses are......

Over the past several years, many veterans faced the same problem: their veterans financial assistance claims for reimbursement of emergency medical expenses from the VA were denied because a portion of the expenses were covered by Medicare. In the recent decision of Richard W. Staab......

Unfortunately, mental illness can be a very real, serious consequence of joining the armed forces. The brutalities and losses witnessed during a time of war can be too much for the human brain to handle—even one trained in combat—and lead to mental disorders such as......

Parenting time is a phrase that appears frequently during child custody disputes. At the beginning of a child custody case, parents are asked to submit a parenting time schedule. This is often an issue that many divorcing couples fight over while hearings are held to......

Where your child custody case will be held depends on which court has jurisdiction. Jurisdiction is the power of the court to legitimately decide a dispute. When parties to a child custody dispute live in different states, it is important to understand which states’ courts......

As Social Security Disability (SSD) benefits are partially calculated based on the recipient’s life circumstances, getting married may impact a recipient’s monthly benefits. Under some circumstances, getting married can even render a recipient ineligible to continue receiving benefits altogether. Even worse, the Social Security Administration......

The military is rife with underutilized and virtually unheard of benefits. One of those benefits is combat-related special compensation (CRSC)—monthly compensation for service-connected, combat-related injuries. While many individuals are familiar with and utilize typical veterans’ disability compensation benefits, standard VA benefits actually reduce the amount......

No matter what the outcome of your family court dispute—whether it involves a divorce or child custody—you must respect the ruling of the court. While tensions run high and emotions run hot during and after these taxing proceedings, spiting or punishing the opposing party never......

One of the most unfortunate aspects of a divorce is that inevitably one or both spouses will have to relocate from the family home. When the divorce involves a child, the issue of relocation can be a thorny subject. Since the parents are no longer......

For almost 100 years, shipyards across the East Coast of the United States were busy building and repairing ships. While the hustle and bustle that punctuated shipyards during past decades has mostly died down, and many former yards are now closed, the aftermath of the......

In order to file a Social Security disability claim in South Carolina, you must be able to prove that you have a disability that keeps you from earning a sufficient income and from performing daily activities on your own. Proving a disability, however, requires much......

Stepparents play a crucial role in helping to raise children who they are not biologically related to every day across the country. Bonds can form, and the stepparent may feel as if the child is their own. But what happens if the second marriage fails......

While the government provides a variety of veterans benefits, not every veteran qualifies for every benefit. Whether or not a particular veteran qualifies for a particular benefit generally depends on a combination of different factors such as the veteran’s length of service, where and when......

We have written previously on social media use in the context of a prenuptial or post-nuptial agreement limiting what can and cannot be said on social media websites regarding a spouse. Social media can also affect your divorce proceedings. In this article, we’ll explore how......

Incidences of auditory and visual challenges are rapidly increasing among our service men and women, quite possibly as a result of loud explosions, airplane engines, gunfire, and machinery. Furthermore, the use of IEDs (improvised explosive devices) by unauthorized forces in the Middle East creates unexpected......

There are many unfortunate stories about parents not paying their child support. For example, a child support payment plan that was based on one parent’s income at the time the amount was decided may become severely reduced, because the parent may have been let go......

Some parents may be unfit to raise their own children, but in the eyes of the law, parents have a right to raise their children as they see fit. When one parent believes that the other should have no part in childrearing due to a......

According to the Beatrice Daily Sun, a new bill has been introduced in the legislature, known as the Puppies Assisting Wounded Service Members (PAWS) Act aimed at providing eligible disabled veterans with service dogs. If the PAWS Act is passed into law, then the U.S.......

We often hear about military service members getting injured overseas, in combat or during training. However, we hardly ever hear about the injuries sustained in our military medical healthcare facilities right here in America, and we rarely hear about the difficulty our service men and......

Many South Carolinians may mistakenly believe that there is no way to change their divorce decree once finalized by the family court. The term final in the name may give the wrong idea. Some aspects of a final decree are able to be changed, while......

The multiple mass shootings that have plagued our country over the past few years have sparked a heated debate over gun control regulations. The most recent topic of debate surrounds a new gun rule proposed by the Social Security Administration. The proposed rule is aimed......

Divorce may be hardest on the children of a marriage more than anyone else. They are not often emotionally or mentally equipped to handle and properly understand what is going on. Many children feel torn between two parents, unsure of their future and what the......

If one or more parents in a household are disabled and qualify for Social Security Disability Insurance (SSDI) benefits, some or all children of the household may qualify as well. If the children qualify, they can receive cash benefits until they are 18 years of......

Divorce proceedings often conjure up images of two bitter spouses fighting over every marital asset there is, from the house to the most insignificant items. Many people may have a basic understanding of what they can ask for in a divorce and what they believe......

When veterans submit a disability claim to the Department of Veteran Affairs (VA) they expect that the VA will take special care to preserve all evidence and documents relating to that claim. Unfortunately, this may not be the case. In July of last year, investigators......

The VA offers a number of benefits to veterans of all ages, from disability care and education benefits to mental health care benefits and housing grants. These are the more widely known benefits, but there are many more lesser-known veterans’ benefits. Some of these benefits......

Divorces can often be hotly contested and quite brutal to go through. The old adage goes that divorcing spouses often fight over the pettiest of things, like dividing up the pots and pans. But what about something a little more abstract, like a personal injury......

The hardest part for most future divorcees is the prospect of a custody battle for the children. The uncertainty of whether or not a parent will have custody of their child can be frightening, especially considering all of the factors that a judge will consider......

Post-traumatic stress disorder – otherwise known as PTSD – is a very serious mental illness that can lead to relationship instability, joblessness, homelessness and even suicide. Yet, despite the severe consequences of such an illness, the VA continues to make it harder than ever for......

You have decided to divorce your spouse. You filed the proper paperwork at the courthouse and your no-longer-significant other has been properly served. You know that you may have a long and difficult road ahead of you, but what is going to happen before the......

According to the Sacramento Bee, there is a proposed bill on the table that would authorize hundreds of millions of dollars to be spent on construction at several Veterans Affairs (VA) medical facilities around the country. These facilities would undoubtedly improve the level of care......

According to Alive Atlanta,the Department of Veterans Affairs (VA) admits that thousands of veterans were seen by unqualified personnel when tested for traumatic brain injuries (TBI). The VA has announced that new TBI exams will be offered to approximately 25,000 veterans across the nation, and......

South Carolina was ordered by federal law to have an operational statewide child support computer system in place to allow the state to monitor, collect and pursue child support payments from deadbeat parents by 1997, but such a system will not be in place until......

The stereotypical image of divorce is one of a highly charged adversarial process with two parties destroying each other when divvying up the marital assets. But this doesn’t have to be the case. There are alternatives to the highly adversarial judicial process that comes to......

At of the end of the fiscal year, 2015, more than 425,000 veterans’ disability claims appeals swamped the already backlogged VA appeals system, according to Board of Veterans’ Appeals Operating Statistics. A disability claim becomes an appeal when the veteran disagrees with the VA’s original......

In our society, divorce and the legal proceedings surrounding it carries a significant amount of stigma, thus making the whole process more difficult for the parties involved. It is hard enough when a relationship ends, but with a legal marriage without a post-nuptial or prenuptial......

Social media has revolutionized the way in which we express information about ourselves and our lives. For many, it is a way to keep up with family and friends that we are not close to, for others, it is a way in which to express......

According to the Wall Street Journal, post-nuptial agreements are on the rise and becoming increasingly popular with married couples. Post-nuptial agreements, similar to prenuptial agreements, are legal documents drafted after a couple has married and dictates how the assets and liabilities will be distributed if......

Traditional marriage’s definition has changed drastically over the last fifty years, and in our society today it is understood in different terms. Some of the trends observed are the rising age of those who are getting married, an increase in two-person, two-earner households, an increase......

In the United States, when a parent has been found unfit to care for his/her child, the court will terminate his or her parental rights to the child. Each state has its own procedures and threshold by which the court may find the parent unfit......

In our society, there are many factors that go into what makes a good marriage, and many that may lead to an acrimonious divorce. Most of the factors tend to be rather obvious: a good marriage requires trust, open communication, and a certain level of......

Domestic violence is a serious reality for many families around the country. It was conservatively estimated between 2006 and 2015, on average, 760 people were killed annually as a result of gun violence perpetrated by spouses, ex-spouses, and romantic partners. The current domestic violence legislation......

Alimony reform is making considerable strides in South Carolina in 2016. This is due in large part to the considerable urging by the South Carolina Alimony Reform, an organization formed in 2011 with the one goal of abolishing permanent alimony. The group has made waves......

January is the time of year for new beginnings. For many, this may be the year of personal resolutions and self-improvement, while for others this may be the time of year to set off independently and determine that it is time that one’s failing marriage......

There are significant obstacles when a family has one parent (or both) who is serving in the military and recently was deployed. The family is missing a piece of the puzzle and there may be significant financial, emotional, and physical hardships that come from not......

According to a new study, the cohabitation effect may no longer be the governing law surrounding cohabiting couples and the likelihood that their marriage will succeed. The cohabitation effect is a theory put forward by sociologists detailing an association between living together or cohabitating before......

There are several reasons why people change their last names for marriage; the most common referring to the symbolic merging of two people into one family and under one family name. In our society, it generally makes it simpler to identify who is a member......

Around the United States, it is up to each individual state to determine how their marriage and divorce proceedings will be implemented. This can provide a situation where one state is considered to be strict while another is lenient on an issue, and potentially a......

It is known that adultery can cause significant emotional harm to a marriage. Whether one spouse discovers an affair or the cheating spouse admits infidelity in hopes of coming clean and starting anew, the situation can lead to substantial emotional harms. There may be trust......

For individuals who are receiving either Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI), the Ticket to Work program may be very helpful in obtaining and retaining employment. Securing employment has many benefits, including leading to greater financial independence....

Disabled veterans who meet certain eligibility requirements can receive VA disability benefits to assist them in paying for nursing home or extended care expenses. Veterans that find themselves in any of the following categories are eligible for such benefits:...

Domestic violence is a serious issue plaguing all 50 states; according to studies, in 2013, more than 1,600 American women were killed as a result of intimate partner violence where guns were the weapon of choice, 94 percent of those women were familiar with their......

If you are a service member with a disabling condition, it may be advantageous to file a claim for disability benefits before you are released from active duty. For service members interested in filing a claim before leaving active duty, the Department of Veterans Affairs......

Back in June 2015, a report by National Public Radio revealed that the VA continued to deny compensation to soldiers used as test subjects for mustard gas.  According to the report, approximately 60,000 veterans of World War II were subjected to tests in which they......

When a service member or veteran passes away, his or her spouse, children, and parents may be eligible for Dependency and Indemnity Compensation (DIC), which is paid by the Department of Veterans Affairs (VA). DIC is intended for many different kinds of veterans and service......

For veterans and service members with a service-connected disability, it is common that changes to their home must be made to accommodate their disability. Unfortunately, the cost of making those changes is often significant. The Department of Veterans Affairs (VA) provides grants to assist veterans......

After your marriage has been dissolved and the property, child custody, and child support have been divided, it may seem like there will never be a time will you ever will seek the happiness from marriage again. But lo and behold, many meet another individual......

While many Americans across the United States have enjoyed recent gas prices that are much lower than prices several years ago, it is no secret that the cost of other goods continues to rise. For Americans on fixed incomes, such as those receiving Social Security......

The Ashley Madison hack has left quite a disastrous aftermath for the families of those men (and women) who were signed up for the service. In the wake of the aftermath, serious consequences have emerged that go beyond the heartache and loss of trust that......

The Social Security Administration (SSA) provides disability benefits through Social Security Disability Insurance (SSDI). In determining eligibility for benefits, the SSA looks to the number of “credits” the individual has earned over the course of their work history. The following explains how credits are earned......

A North Carolina Navy veteran was forced into proving he was alive after the VA determined he was dead. The veteran’s wife received a letter in July conveying the administration’s condolences on her husband’s passing, as well as demanding that she pay back nearly $1,600 in......

The recent software hack on the website Ashley Madison, a website that is created to help married persons find a partner for an extramarital affair, will have serious ramifications in the family law realm. The hackers of the extramarital online dating website put out 37......

 A lawsuit brought by several Myrtle Beach property owners against AVX Corp. that had been dismissed by a lower court was reinstated and allowed to proceed following a recent South Carolina Supreme Court decision. The lawsuit was brought by property owners who claimed their property values......

The Department of Veterans Affairs (VA) recognizes that exposure to Agent Orange contributed to the development of various diseases. For veterans who developed some of these diseases or conditions, they may recover VA disability benefits. Further, for some veterans, the process for applying for these......

Divorces happen due to several reasons, and though significant to each couple, usually the divorce stems from certain factors that are seen time and time again. Money and financial circumstances constitute one of the most likely factors that will send a couple to a divorce......

When you become unable to work and realize you may need to file for Social Security disability benefits, feelings of angst and confusion are common. After all, most people have little or no prior experience in dealing with the Social Security Administration (SSA) or any......

For some claimants, the Department of Veterans Affairs (VA) will request a VA exam. These exams help the VA make a determination regarding the disability claim. A failure to appear at the scheduled exam can have significant negative consequences on the claimant. As a result,......

What happens when the VA decides to rely on “outside help” in evaluating the disability claims of veterans? If you are a veteran who served at Camp Lejeune between the 1950s and the 1980s and who developed any one of a number of health complications due......

In order to receive disability benefits, claimants must provide certain information to the Social Security Administration (SSA). In some cases, the SSA will request that the claimant undergo a consultative examination. This occurs when the SSA does not have sufficient information to make a determination......

The proposal is one of the most important moments for a couple. The proposal and the accompanying ring invokes the concept that the couple, at that moment, has decided to take their single but together status, and become a legally-bound unit through the act of......

The Social Security Disability trust fund is set to run out of money sometime in 2016, according to reports by the Social Security trustees. At that time, individuals who are receiving Social Security disability benefits (which includes both Social Security disability income (SSDI) and Supplemental Security......

When considering the term child abuse, several horrible situations come to mind. Mostly our understanding of child abuse stems from concepts of physical harm and violence toward the child, as well as emotional and psychological abuse situations. What you may not know is how some......

While it is perfectly acceptable for individuals to apply on their own for disability benefits, it is often beneficial to obtain the help of an attorney. With an attorney providing representation during the application process, the chances that the claim will be approved increases. Further,......

The determination of child custody is fraught with legal issues. It is traumatic enough for children when their parents have decided to divorce, but it becomes even more emotionally taxing when it comes to deciding which parent has custody and the custodial/visitation arrangements that may......

It was reported last week through several media outlets that the Veterans Administration (VA) is considering recommendations to impose an age cap on veterans receiving individual unemployability (IU) compensation. If adopted, the rule would eliminate eligibility for IU benefits for veterans over a certain age. Presently,......

When you and your spouse have decided to end your marriage, there are many considerations that must be dealt with when going forward with the dissolution of marriage. Though you and your spouse may be amicably separating, this does not mean that you both can......

For individuals who have been diagnosed with a disabling condition, benefits through the Social Security Administration (SSA) are often critical for financial security. However, these disability benefits may be subject to federal income tax, which can impact the actual amount individuals realize as their take-home......

Claims for Social Security disability benefits (SSD and SSI) based on a mental disability can be some of the toughest claims to win. Whereas a disability claimant with a physical impairment or disability can point to noticeable impairments like a missing limb or objective symptoms like......

Divorces can be extremely acrimonious and emotionally traumatic to not only the parties involved but also to the children that may be stuck in the middle of it all. The custody battles tend to have the most effect on the children at the center of......

The Charleston housing market has staged a major comeback since the 2008 housing market crash. New home construction, a primary marker of the health of the market at large, is at its highest level since 2006. There is particularly strong growth in Mount Pleasant and......

The Department of Veterans Affairs (VA), through Disability Benefits Questionnaires (DBQs), provides veterans with more control over their disability claims. By using DBQs, veterans can expedite the claims process, while using their own health care providers. Filling out and submitting a DBQ to the VA......

The legislation that surrounds the institution of marriage for years has evolved to qualify and define the rights and obligations of married people. Based on the historical definition of marriage, and the roles and rules that define each spouse involved in the marriage, women were......

The Department of Veterans Affairs (VA) provides benefits for veterans who suffer from a disabling condition. Under certain circumstances, a veteran may be eligible to receive additional compensation on top of their regular disability benefits. These benefits, known as Special Monthly Compensation (SMC), are available......

People applying for Social Security disability benefits are often in dire financial need. It stands to reason, then, that many avoid seeking legal counsel in the hopes of saving money on their claim. By not hiring an attorney, however, you are significantly decreasing your odds......

The Constitution protects a significant number of rights and liberties as fundamental; fundamental, thought of in these terms, means that there is little to no right of the government to interfere with this right at issue…unless there is a significant government interest that trumps the......

Workplace injuries can be an emotionally and physically damaging experience. On one hand, you have the physical pain and trauma to cope with. On the other, you have a host of concerns about the future. How will you earn enough to support your family? How......

For veterans and military service members with a disability, having access to an automobile is often very important. Unfortunately, due to the nature of some disabilities, vehicles may require modifications in order to be functional to a disabled individual. These modifications can quite often cost......

Whether you are purchasing a home for your family or a new building for your small business, real estate purchases are some of the most important investments you will make. Before you sign on the dotted line, it helps to make sure that you have......

One of the major issues for individuals applying for disability benefits through the Social Security Administration (SSA) is the time it takes to go through the application process. For certain individuals, the application may be expedited if the applicant has an impairment that qualifies as......

In a world where breastfeeding in public used to be taboo, states have been providing statutory protections for mothers wanting to breastfeed their child when and wherever necessary. With the scientific research putting forth more evidence regarding the significant health benefits of breast milk over......

  A large concern for individuals who have been approved for Social Security Disability Insurance (SSDI) benefits is the possibility that those benefits will eventually be canceled. As a result, individuals receiving SSDI should be familiar with the process that the Social Security Administration (SSA)......

In a recent post in PBS Newshour’s Making Sense blog, economist Laurence Kotlikoff outlines a staggering 25 reasons why the statements of Social Security personnel are not always to be trusted. His main point comes down to this: Social Security is a tightly controlled program......

Being a parent is never easy. There are thousands of books, newspaper articles, and blogs devoted to certain parenting styles that are thought to be the most constructive for child development. There are several types of parenting styles that have been considered to be in......

There are many factors that go into the approval or denial of a disability claim by the Social Security Administration (SSA). Three of the most common reasons for denial of benefits, known as Social Security Disability Insurance (SSDI), is explored here. Being denied benefits often......

Every day, countless veterans in the United States face denied disability benefits applications. If this has happened to you, the important thing is to not give up. Numerous reports and news articles have shown the VA’s evaluation process to be fraught with error. With a......

People who are unable to work because of a disability are often confused by the requirements to claim Social Security benefits. This is understandable. The Social Security Administration uses a rather complex system of work credits to determine if a disabled applicant meets the work......

In order to be eligible for benefits under Social Security Disability Insurance (SSDI), the Social Security Administration (SSA) must deem an individual disabled. To provide guidance on what is considered disabling impairments and the required proof to demonstrate such impairments, the SSA provides something called......

Child support payment is the method in which our legal system enforces joint responsibility for the offspring that are rendered. It is not just the mother or the custodial parent that must raise the child, but there should be some contribution, monetary or relational, that......

Many applications for Social Security disability get declined, which is a hard truth for the thousands of people suffering the financial burden of disability in South Carolina and throughout the country. According to the U.S. Social Security Administration, just 34.8 percent of disability applications were approved......

Often when it comes to Social Security Administration (SSA) benefits, there will be mention of the cost-of-living adjustment, which is commonly referred to as COLA. While most people have likely heard COLA mentioned, it may not be widely understood. The following information provides an explanation......

A recent Stars and Stripes article points to a problem with which many disabled veterans are familiar: the snail’s pace at which the VA often responds to veterans’ disability claims. The story draws statistics from a report commissioned by the U.S. Senate that found that......

  Most veterans are aware of the benefits available through the Department of Veterans Affairs (VA) as a result of a disabling condition. These benefits are often critical for a means of income for the veteran and his or her family. In addition to VA......

Nothing is closer to the heart of a parent than deciding how to raise a child within the home. The upbringing of a child is so imperative that the law reflects this parental right to decide how to bring up your child. Parental rights, within the......

The Social Security Administration (SSA) provides benefits for individuals who are considered disabled and who have had a sufficient work history. These benefits provide financial assistance for individuals who, because of a disability, are no longer able to work. Under certain circumstances, it is possible......

In a move that may have escaped the notice of some, the VA announced late last month that it was making a monumental change in the way it interprets the VA Choice program. The VA Choice program was created in 2014 after news reports indicated some......

A recent legal battle between Sofia Vergara and her ex-fiance, Nick Loeb, has pushed into the spotlight the issue regarding what to do with frozen embryos after a couple has separated. After the couple’s break up, Loeb filed suit against Vergara (under “John Doe v.......

A recent letter to the editor of the Columbus Dispatch expressed a sentiment common amongst individuals who have attempted to obtain Social Security disability benefits: that the process for obtaining such benefits is unduly difficult and burdensome. While the letter to the editor does not cite......

The Social Security Administration (SSA) requires certain evidence that an individual is sufficiently disabled before it will grant disability benefits. The type of evidence differs depending on whether the individual is an adult or a child. Understanding the differences between the types of proof required......

When deciding to get married, there are considerable financial and logistical decisions that must be discussed before tying the knot. Depending on the type of wedding that you and your partner are considering, there could be costs related to renting out a venue, hiring a......

If you have been granted disability benefits through the Social Security Administration (SSA), it is possible that they will be taken away at some point in the future. It is important for individuals who are receiving disability benefits to understanding how the process for the......

Many laws that have been put in place protect the rights of parents with regards to their children. The rights, however, are based on the concept that children are better off with their biological parents than without. At the heart of the issue is the......

Two recent changes to the veterans’ disability benefits claims process have sparked a significant amount of controversy and criticism. Veterans’ advocacy groups and other veterans-oriented entities claim that the VA’s new “intent to file” form imposes a burden on veterans seeking disability benefits. Veterans’ advocates......

A person with back problems experiences a great deal of pain, often making it incredibly difficult to complete daily activities. However, even though this pain may be intense, it may not meet the requirements to qualify the individual for disability benefits through the Social Security......

Domestic violence takes form in a variety of shapes and sizes. Most think of domestic violence in terms of physical and emotional abuse: a victim covered in bruises or being isolated from family and friends. Domestic violence, however, can expand into other aspects of a......

A layoff or an employer’s downsizing can present an older worker with grim choices: should the worker attempt to find a new job? Or should the worker attempt to draw retirement benefits, knowing that doing so can result in financial consequences? For some older workers,......

  For veterans who have been injured in connection with their military service, obtaining Department of Veterans Affairs (VA) disability benefits are often very important. The VA limits the amount of compensation a veteran can receive in relation to the percentage the veteran is considered......

  A person suffering from a condition related to their vision faces significant challenges. Further, there are numerous different conditions that affect a person’s vision. Individuals with an impairment to their vision may continue to work, while still needing benefits to help with their condition.......

In yet another blow to the credibility and reputation of VA offices across the country, a CBS News investigation revealed that nearly 14,000 letters sent to the Oakland, California VA office were ignored for years. These letters were sent by veterans and their family members requesting......

  One issue for veterans applying for disability benefits is the length of time the process takes. In many cases, it is important for the veteran to obtain those benefits as quickly as possible. As a result, the Department of Veteran’s Affairs (VA) offers an......

If you receive notification from the Social Security Administration (SSA) telling you that your case is being audited or reviewed, it may be a rather upsetting experience. After all, you may have expended a great deal of time and effort collecting all of your medical......

  For individuals with a disability, the ability to use service animals can often be critical. Often, these animals need to accompany the people they help wherever they go. The Americans with Disabilities Act (ADA) guarantees the right of people to take service animals with......

If you have been convicted of a criminal offense, you and your family are facing a very difficult time. One concern for individuals receiving Department of Veterans Affairs (VA) disability benefits is having those benefits reduced. This is especially true for disabled veterans with family members that......

A veteran receiving disability payments is alleging her doctor is breaking the law by withholding her medical records for nonpayment. The Air Force veteran began receiving disability benefits after being injured in 1979 after undergoing a Caesarean section. Beginning in 2005, this particular veteran on numerous......

At the end of a marriage, there are many aspects of the relationship which need to be determined. First, it is important to figure out what is marital property and what is individual property. Then it must be determined how the marital property will be......

  If you have a child diagnosed with a disability, a large concern may be how that child will be provided for financially. This is particularly true if the disability will prevent your child from ever working. One way in which this issue is addressed......

The decision to marry another person is one of life’s most significant choices. In making such a momentous decision, people usually consider a number of factors such as: Am I compatible with this person? What are our finances like? Is there a need for a......

This may come as a surprise to some, but to family law attorneys across the country the days after the holiday season are some of the busiest of the year. After more popular days such as Black Friday and Cyber Monday comes a much less......

Getting married is a joyous occasion, full of celebrating the love individuals have for each other. And, for many people, the decision to get married also has several benefits from a financial perspective. However, for individuals collecting disability benefits, getting married may reduce and, in some......

One Texas veteran’s story is sure to make other veterans think twice before complaining at their local VA hospital. An army veteran received a ticket from the VA hospital police after an angry outburst that included “strong language” toward a VA doctor and nurse. The......

It is the beginning of tax season and it can be very difficult to determine how to calculate your taxes if you recently were divorced from your spouse and you share children. Finances during a divorce can be hard to determine with the splicing and......

James was awarded Social Security benefits several years ago after being found disabled by an administrative law judge. But several years after first receiving benefits, James is pulled over for a routine traffic violation and is charged with felony drug offenses after police discover methamphetamine......

  A disability certainly does not inhibit an individual from wanting to work. But, for those individuals receiving Social Security benefits or Supplemental Security Income (SSI), there may be ramifications of working in relation to eligibility for disability benefits. It is important to be aware of......

The surviving family members of a deceased veteran often have many considerations and issues on their minds. One issue that may not receive much attention, however, isreceiving survivor benefits following the sudden death of a veteran. While President Obama and other lawmakers have promised to......

  Veterans who have been injured during active military service may be entitled to disability benefits. These benefits are paid monthly and are tax-free. However, the process for obtaining these benefits can be complicated and lengthy. The following is intended as a guide to help......

A recent House Oversight Committee reports suggests that Social Security disability claimants may face a tougher road in obtaining approval for their claims in the future. The committee, led by Republican Congressman Darrell Issa, believes that judges hearing appeals from denials of claims are guilty of......

Losing a loved one is not only a sad and traumatic time, but requires a significant amount of thought as to not only his or her estate, but what his or her death means for your future. If you were the recent spouse of the......

Last month the law firm of Morrison & Foerster, along with the National Veterans Legal Services Program (NVLSP) and Vietnam Veterans of America (VVA), filed a class action suit on behalf of veterans whose military files contained errors and inaccuracies that prevented them from receiving benefits.......

A new bill put forth by South Carolina lawmakers might be the next step in reducing domestic violence in the state. State Senator Larry Martin published his proposal, which seeks to inhibit the rights of domestic abusers from owning guns. This comes at a time......

Divorce and the consequences of ending a marriage can create considerable friction and tension between not only the spouses but also family members and friends. When considering a divorce, the spouses may choose between two different types of grounds for divorce: fault divorce or no-fault......

Most Americans may go to work each weekday feeling ambivalent or less than enthusiastic about their jobs. For others, however, the thought of facing another day of work is enough to cause debilitating panic or uncontrollable anxiety attacks. For individuals who suffer from some sort......

In some cases, veterans seeking disability benefits through the Veterans Administration must be able to show how their disability is connected to their military service. There are other cases, however, in which it is presumed the veteran’s condition was related to his or her military......

With the increasing nature of globalization, relationships between U.S. citizens and non-U.S. citizens are becoming more and more popular. The romance of ending up with someone from a different culture sweeps many off their feet, but at times, the marriage is never fully considered. There......

A recent report from the Office of the Inspector General revealed something that Social Security disability claimants already know: it takes an increasing amount of time for cases to be heard and decided. According to the report, for fiscal year 2014, the Social Security Administration had......

The relationship between parents and their children has been legally defined and parental relationships with their children are always constitutionally protected as a fundamental right. Children, however, may have relationships with other relatives that are less defined and outlined. For example, the relationship between a......

In order to be eligible for veterans’ disability benefits, it is a basic requirement that the veteran must have a certain “character of discharge.” That is, the veteran seeking veterans’ disability benefits must, in general, have separated from the service under honorable conditions. In most cases,......

One of the individuals present at a Social Security disability hearing is the vocational expert. This individual is considered an “expert witness” who listens to the limitations caused by your disability, your work experience, and your background and then renders an opinion as to what jobs,......

The divorce process is generally not a simple one. Not only is the process time-consuming and emotionally draining, but it can require a significant number of documents to be prepared, drafted, and submitted. Your divorce attorney will be in charge of most of the documents......

Changes may be coming after it was discovered thousands of veterans are “triple-dipping” on disability and retirement benefits. The Washington Times reported on one veteran who collected nearly $210,000 in benefits in one year, while another collected over $120,000 in benefits – three times what his......

In this day and age, we are bombarded constantly with articles and blogs about the best way to maintain our marriage, how to know if our significant other is marriage material, what signs we should be looking for in a failing relationship, etc. The science......

In the United States, the concept of the “family” is constantly evolving to incorporate new types of families that are springing up. The “traditional” family can no longer be defined in the way it was in the last decade and now has a new meaning......

The Social Security Administration recently issued a press release indicating that, beginning in January 2015, individuals receiving Social Security and Supplemental Security Income (SSI) benefits will experience a 1.7% increase in the amount of their benefits. This increase in benefits is due to a Cost of......

Thanks to a recent change in the law, veterans who are applying for benefits and who have been initially denied can have an attorney represent them during the appeals process. The right attorney can be very beneficial to a veteran who has been initially denied benefits......

After eight years, South Carolina finally updated some of its family law guidelines. As of July 1, 2014, new rules went into effect involving updated child support tables, daycare expenses in relation to tax credits, and shared custody guidelines. The new rules also affect split......

When Social Security disability claimants get notice of a denial of benefits, they can request that their case be set for a hearing before a judge. The mere word “hearing”, however, may cause some to wonder if the Social Security Administration believes them to be......

A large number of South Carolina citizens serve as members of the United States Armed Forces. According to U.S. regulations, military couples are subject to the same divorce laws as civilian couples; however, a military divorce may involve a modified process in addition to specific......

According to statistics maintained by the National Center for Veterans Analysis and Statistics, approximately 3.88 million veterans were receiving VA disability compensation during 2013. Veterans who become disabled while serving in the military or as the result of an injury sustained while serving are typically eligible......

In South Carolina, parental rights are constitutionally protected and cannot be arbitrarily terminated without good cause or reason. In the eyes of the state, the family unit is considered to be one of the most sacred relationships, and the well-being of the child is of......

In what some have referred to as a historic settlement, Bank of America has reached an agreement with the U.S. Department of Justice over the bank’s role in contributing to the 2008 mortgage crisis. The $16.65 billion settlement agreement is the second-largest such agreement reached between......

If you are considering divorce in South Carolina, do you know what property you get to keep and what is divided with your spouse? Additionally, who is responsible for any debts that have been incurred during the marriage? Here are the basic rules regarding property......

A recent study, called “Expecting Better” and published by the National Partnership for Women & Families, has given South Carolina an “F” in their report card analyzing the states nationwide with the best and worst laws that help to protect working mothers and fathers during......

The latest data from the website RealtyTrac shows that the number of home foreclosures in the state is decreasing, but South Carolina still remains one of the worst states in the nation for foreclosures. The analysis of the data shows that South Carolina’s foreclosure numbers are......

In South Carolina, there are many laws that protect women in crisis and in situations where they may be forced to choose between their own health and another. Daniel’s Law, also known as the Safe Haven for Abandoned Infants Act, is one of these laws......

Going to the grocery store or a big box chain to run errands is a common facet of everyday life, but such shopping trips can be surprisingly dangerous. Many companies do not keep their stores in safe condition, making it more likely for shoppers to......

South Carolina recognizes five grounds for divorce. The first four are referred to as the fault grounds for divorce, and include: Adultery; Desertion for a period of one year; Habitual intoxication (involving drugs and/or alcohol; and Physical cruelty If any one of the fault grounds......

There’s nothing more exciting than the months leading up to your adoption. The prospect of bringing a child into your home is a joy that’s unparalleled. Whether you’re adopting from across the globe or across the town, there’s a sense of completion and gratification that......

It is reported that over 200,000 children are hurt by toys in the United States each year. While some toys are dangerous due to their design, sometimes the danger results from the toy’s manufacture, or simply because the toy does not contain the adequate warning......

Nearly 3 million nonfatal workplace injuries and illnesses requiring days away from work were reported by private industry employers in the year 2012, according to extensive data collected by the U.S. Bureau of Labor Statistics. This incidence rate is largely declining over the past ten......

Various studies conducted by the Food and Drug Administration (“FDA”) allege that consumers of prescription combination medications are often oblivious to the fact that their medication contains high doses of acetaminophen. When the consumer then goes to treat a simple ache or pain by taking......

The South Carolina family courts have traditionally followed what is known as the “Tender Years Doctrine” when it comes to primary custodial placement of a child in the event of separation and/or divorce. The Tender Years Doctrine is a legal doctrine in child custody cases......

The matter of child custody between two parents who are no longer together can understandably become extremely overwhelming. It may, in fact, be so overwhelming for some, that they would rather a permanent court custody order be imposed that could never be modified. However ideal......

  We are all familiar with the increasingly pervasive grip that social media now has over our society, and that is now being reflected in modern day prenuptial and post-marital agreements. Those involved in any aspect of family law have become increasingly aware that once......

Although arguably our nation’s economy is on the upswing, complete recovery for many is still out of reach. Homeowners across South Carolina still face the real possibility of foreclosure, and thus it is important to publicize the important steps that can be taken before the......

Making the decision to expand your family by adopting a child is an exciting and complex decision. In the state of South Carolina, there are a variety of rules and regulations that guide the adoption process once a family chooses to adopt a child. Further......

Under the due process clause of the U.S. Constitution, parents have a protected liberty interest in the care, custody, and control of their children. So long as a parent is not declared unfit, the parent has the right to decide who is allowed visitation with......

Distracted driving is one of the leading causes of motor vehicle accidents on our nation’s highways and roads. In this modern age of hand-held device technology, the cellular phone has become a common object of such distraction. Now that texting has in recent years become......

South Carolina recognizes five grounds for divorce. The first four qualify as fault grounds for divorce and include (1) adultery, (2) desertion for a period of one year, (3) habitual intoxication (alcohol and/or drugs), and (4) physical cruelty. Our state laws also recognize and will......