Tehachapi's Online Community News & Entertainment Guide
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There are many different ways in which a business is conducted in California. Selecting the most appropriate form of business enterprise for an individual or a group of individuals involves careful consideration of a variety of factors. These factors must be balanced against each other to ensure that the most appropriate form of business is selected. Businesses often act through designated individuals called agents who conduct their operations, and the law of agency governs many legal...
Advance Health Care Directive Also known as a medical power of attorney, this category of power of attorney is designed to enable your agent to make medically-related decisions for you when you are unable to do so for yourself. By necessity, these POAs must all be durable powers of attorney in order to be effective when needed. In addition, advanced health care directives have also evolved to typically contain additional provisions and directions to your agent related to your right to withhold c...
WILL. Preparing a will has long been a fundamental building block of any estate plan. With a properly drafted will, you can arrange for your estate to be distributed and administered according to your wishes. In your will you can: • Appoint an executor to manage your estate through the probate process. • Appoint a guardian for your minor children or disabled beneficiaries. • Make specific bequests of property or assets to specific beneficiaries. • Designate assets to be placed in trust for fam...
What if a person holds property in another state? If you own real estate in another state, that property might have to go through probate in that state, in addition to a probate in your primary state of residency. This is known as an "ancillary" probate. With a living trust you can avoid these multiple probate proceedings and have that property pass to your beneficiaries according to the terms of your trust directly without the additional costs and delays of an ancillary probate. In addition,...
Probate is a legal proceeding that is used to wind up a person's legal and financial affairs after death. In California, probate proceedings are conducted in the Superior Court for the county in which the decedent lived, and can take at least eight months and sometimes as long as several years. Only assets titled solely in the name of the decedent will be subject to probate. During probate the court must determine the validity of your will and/or your testamentary trust, supervise an inventory...
reprinted from Estate Planning - CALDA Diana Wade has been writing for The Loop newspaper since 2010 in her Ask the Advocate column. Although Diana has been a Disability Advocate for 26 years, she has also been a paralegal since 1980, when she received her Certificate from CSU Dominguez Hills, and a document preparer since 1990. Currently she is a member of the California Association of Legal Document Assistants (CALDA), previously known as the California Association of Independent Paralegals...
Graves' disease is an autoimmune disease, which is a disorder characterized by the body not recognizing itself, causing it to attack its own tissues and cells. Graves' disease most often affects the thyroid gland causing it to be overactive, to swell larger than it should be, and can lead to hyperthyroidism (the thyroid producing an overabundance of thyroid hormones). The thyroid gland regulates things like weight, mental energy, mood, and physical energy. Symptoms of Graves' disease can range...
Question: I am a 60-year-old female with lupus. I was a bookkeeper for many years and was forced to retire. Primarily, I found that I could not work due to muscle and joint pain, sometimes with swelling, a constant low-grade fever of 99 degrees or more and sensitivity to light, especially office lighting. Can I qualify for benefits? I am too young to collect early retirement benefits and I only get a small retirement from my employer. Answer: Systemic Lupus Erythematosus (SLE) or lupus is an...
Pituitary gland disorders are a result of a malfunction of the pituitary gland, a tiny but vital gland that releases the hormones responsible for directing many other glands and body processes. A pituitary gland disorder occurs when the pituitary gland produces either too much or too little of a particular hormone. The pituitary gland is responsible for producing growth hormone, necessary for growth in children, maintenance of body tissues in adults and distribution of fat. It also produces a...
Question: I am a 60-year-old man just diagnosed with Polycythemia Vera. I am now unable to work due to some of the symptoms. I have painful swelling in the big toe of my right foot making it hard to stand and walk. I have numbness, tingling, burning and weakness in both my hands so bad that I can't even hold a coffee cup. I get shortness of breath, headaches and dizziness if I even try to mow the lawn. All of that and almost daily weakness and fatigue. I am on State Disability right now, but it...
Guillain-Barre syndrome (GBS) is a rare disorder in which your body's immune system attacks your nerves. Weakness and tingling in your extremities are usually the first symptoms. These sensations can quickly spread, eventually paralyzing your whole body. In its most severe form GBS is a medical emergency. Most people with the condition must be hospitalized to receive treatment. The exact cause of GBS is unknown. But two-thirds of patients report symptoms of an infection in the six weeks precedin...
1. Are Social Security Disability benefits only for those who have a permanent disability? No, your disability must last a year or be expected to last a year or result in death within one year. 2. I have cancer and I am presently disabled, but my doctor feels I should be able to work again after my treatment. Should I apply for Social Security Disability benefits? If you are expected to be out of work for a year or more you should apply. 3. How far back will Social Security pay me if I am...
What is Disabled Widow's Benefits? This is a disability program where the claimant can apply for benefits based on the deceased spouse's earnings record. You must be 50 years or older and the onset of your disability must be within seven years of your spouse's death. What is Divorced Spouse's Benefits? A claimant can apply for benefits based on his or her divorced spouse's earnings record. If you were married to your ex-spouse for 10 years, are, at least, 62 years old and are currently...
SIBO, or small intestinal bacterial overgrowth, results when you have an excess of bacteria in your small intestine. Until recently, SIBO was thought to be a mythical health condition. But today, research has proven that it's a real thing. In fact, a whopping 80 percent of people who are diagnosed with irritable bowel syndrome (IBS) are also said to have SIBO. However, SIBO does share many of the same symptoms as IBS, which makes it tricky to diagnose. SIBO has been shown to negatively affect...
Question: I have an embarrassing question about Social Security Disability. I am a 30-year-old male with chronic prostatitis. I have to urinate multiple times a day and it hurts. When I can't urinate, I have a lingering pain that feels like an ache. Off and on I have fever and chills. I worked until early 2019 and was laid off because I had to leave the workstation to use the bathroom too many times. Answer: The prostate is a small gland that forms part of the lower urinary tract in males. It si...
Question: My doctor just told me that they finally figured out what is wrong with me! I have Rheumatoid Arthritis. I have joint swelling in my hands and feet. Sometimes I can't even get out of bed. I have not been able to work since late 2019. Can I quality for benefits? Rheumatoid arthritis (RA) is diagnosed by blood tests and X-rays. There is a specific blood test for the disease called rheumatoid factor, which is most often used. There are also specific doctors, rheumatologists, who...
Social security identifies a traumatic brain injury (TBI) under Listing 11.18. A TBI may result in neurological and mental impairments with a wide variety of post traumatic symptoms and signs. The rate and extent of recovery can be highly variable, and the long-term outcome may be difficult to predict in the first few months post-injury. Generally, the neurological impairment will stabilize more rapidly than any mental impairment and is why the look back period is three consecutive months....
Question: I am 33 years old and have had migraine headaches since I was 16. I have had MRIs of my brain, I've taken medication, I've even tried acupuncture. I still get migraine headaches 2 to 3 times a week. I can hardly move my head when I get one. Medication works sometimes but it is very expensive, and the doctor only gives me 10 pills a month. Light and sound is especially hard as it makes me nauseated. Obviously, I can't work when I have one. Can I qualify for disability benefits? Answer:...
Question: My rheumatologist just told me I have fibromyalgia and he called it connective tissue disease. He is sending me out for more testing to determine what I have. I have not been able to work since 2019 due to "fibryo fog" severe fatigue. I also have muscle and joint pain and stiffness, weakness, and many other symptoms. He is also telling me I should file for disability but I'm only 35 years old! Can I qualify for disability? Answer: Connective tissue diseases are referred to as a group...
In humans, the adrenal glands sit right at the top of the kidneys. The main function of these glands is to produce a number of hormones that regulate a multitude of bodily functions. The result of too little cortisol and often too little aldosterone, the symptoms of Addison’s Disease may include darkening of the skin, weight loss, muscle fatigue, loss of appetite, low blood pressure, depression, nausea, diarrhea, and low blood sugar (hypoglycemia). Addison’s disease can also occur suddenly, and...
Multiple Chemical Sensitivity (MCS) is typically classified as an environmental illness. The cause can include exposure to physical, biological or chemical compounds. Some examples are gas fumes, cleaning products, furniture polish, perfumes, sugar, aspirin, cigarette smoke, tap water, fragrance products, including shampoos and detergents and pesticides – both inside and outside and on foods. Persons who suffer from this condition may have minor to severe symptoms, including breathing issues, s...
Historically known as Manic Depressive Disorder, Bipolar Disorder is a mental illness characterized by cyclic mania, or periods of extreme euphoria followed by bouts of severe depression. This mental disorder is not a mood disorder alone but a category of several mood disorders. It is a condition that is prevalent in both men and women. Signs of the depressive phase of this mental illness include persistent feelings of hopelessness, anxiety, anger, guilt, sadness, isolation, fatigue,...
In a fairly large percentage of cases, a person filing for disability benefits with the Social Security Administration (in either the Social Security Disability program or the SSI program: claims in either program are evaluated in exactly the same manner) will be notified that they have to go to a scheduled appointment for a medical examination, or a psychiatric examination, or psychological testing. These exams are known as consultation examinations and are referred to by disability examiners,...
Classic Parkinson's disease (PD) is a degenerative brain disorder that primarily affects a person's movement in its early phases. Although resting tremors are a well-known sign of PD, the disease can also produce problems such as muscle stiffness, decreased coordination, difficulty standing and walking, and difficulty speaking clearly. These symptoms can make it difficult or impossible for someone to work. PD's motor problems are related to a decrease of dopamine production in brain areas...
Fibromyalgia is now a recognized medically determinable impairment by Social Security. I will talk about the symptoms of fibromyalgia and how these symptoms relate to a Social Security Disability or SSI claim. I will also discuss the type of treatment that Social Security recognizes for this condition. You will also read about how the limitations from fibromyalgia can help show you are disabled. Fibromyalgia is pain in several areas or all over body with no functional or structural disease to...