D'Agostino & Associates - Personal Injury Lawyers of New York and New Jersey

Wills vs. Living Trusts

As people age, it becomes more important for them to think about estate planning. For instance, you may have certain requests in the event of physical incapacitation or death. A great way to ensure that your wishes are carried out is to create a will or a living trust. Consult a local estate-planning attorney to see if one or both of these options are right for you. Here is a look at the difference between wills and living trusts:

Wills

There are two types of wills: a final will and a living will. The final will is the document that is read off after a loved one’s passing. This legal contract explains how someone’s property will be distributed at the time of his or her death. It can be modified or completely overhauled anytime before death. Meanwhile, a living will explains what should happen in the event of a medical emergency. The creator of the will can decide in advance whether to be kept on life support after a traumatic injury. A living will can be used with the medical power of attorney to grant one of your family members the legal power to make decisions in the event of your incapacitation.

Living Trusts

If you own property or other assets that require consistent management, you may want to consider the creation of a living trust in order to manage these possessions as you get older. This allows you to avoid the probate court system and instead pass the torch for your estate in a private way. This can be a particularly good idea if you would like your financial affairs to stay out of the public record. However, a living trust does not function until it is funded, which often makes this option more expensive than the creation of a static will.

Deciding whether to create a will or a living trust can be a complex decision that depends on your unique financial situation. If you are thinking about either of these options, consult an estate-planning attorney as soon as possible. New York and New Jersey households should contact the skilled team at D'Agostino & Associates by calling (718) 967-1600 today.

A Quicker Route to Social Security Disability Benefits

The goal of the Social Security Administration in distributing disability benefits is to help as many people as possible. This video explains the compassionate allowance program that streamlines the benefits process for individuals who are suffering from particularly serious injuries.

If you are gravely injured with one of the conditions certified by the Social Security Administration, the government agency will work to approve your claim and disperse your benefits within several weeks. Click play to learn more about this new allocation process.

Most individuals filing for Social Security disability benefits can benefit from consulting a local attorney about their claim. Your lawyer can help you strengthen your initial paperwork. D’Agostino & Associates is a Staten Island law firm whose attorneys have over 20 years of experience helping injured workers. Call (718) 967-1600 today to speak with a member of our team and schedule a free consultation.

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D'Agostino & Associates Review - Pending Case

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I've got a pending case with D'agostino & Associates. I most definitely chose the best firm around! They are constantly up to date with my case and notify me of everything that is going on and everything that I need to do. Thank you Jonathan D'Agostino and staff!

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The Stages of a Social Security Disability Claim

Last updated 4 months ago

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If you were hurt and are unable to work, you may be eligible to receive payments from the federal government while you recover or reach retirement age. This is part of an important safety net program known as Social Security Disability Insurance (SSDI). Here is a look at the two main stages of obtaining these benefits:

Filing a Claim for Benefits

The first step is to gather up all of your work and injury information and fill out a form on the Social Security Administration (SSA) website. This begins your claim process by alerting the SSA that you declare yourself to be injured. The government agency will then decide whether or not you are hurt enough to receive benefits. You will need to show evidence that you worked for several years prior to the disability and that your injuries are so severe that you cannot seek employment in any analogous industry. A Social Security disability attorney can help you gather up the necessary medical records and test results to show the extent of your pain and suffering.

Appealing a Rejected Claim

In the event that your claim is not approved, you have the right to formally ask for an appeal. The first step of this process is known as reconsideration. At your attorney’s request, the SSA will assign a new claim adjudicator to look at your file. This step ensures that another set of eyes within the agency look through your entire file before you have to submit more evidence. If you still receive a rejection letter, you may ask to state your case and call witnesses in front of a judge.

New York and New Jersey residents in need of legal advice regarding SSDI should look no further than the attorneys at the law office of D’Agostino & Associates. We have decades of experience helping injured workers receive the compensation they deserve. Call our Staten Island office today at (718) 967-1600 to schedule a no-obligation consultation.