Pfizer has issued a recall of 28 lots of two types of birth control pills due to problems with the ingredients and sequence of the medication. The recall covers Lo/Ovral-28 Tablets and Norgestrel and Ethinyl Estradiol Tablets. The company said the daily dosage of the contraceptives could be incorrect, leaving women at risk for pregnancy, although no health-related risks are present.  David Sell, Philadelphia Inquirer  02/01/2012

Read Article: Philadelphia Inquirer

Maker of Brazilian Blowout Settles Suit with California

GIB, the creator of the Brazilian Blowout hair-straightening treatment, has agreed to a settlement with the state of California over potential harmful gasses in the product. In the settlement, the company agreed to post a warning on the products, saying the solutions “will expose you to formaldehyde [gas], a chemical known to the state of California to cause cancer.” The state filed the lawsuit in 2010 after tests showed the presence of the formaldehyde gas.  Matt Stevens, LA Times  01/31/2012

Read Article: LA Times

Suit: Religious Teacher Abused Boy in 1980s

A North Texas man has filed a lawsuit against a religion teacher at Nolan High School who allegedly sexually abused him as a child. According to the suit, the teacher, who is also a priest at a Fort Worth church, abused the man from 1982 to 1987 while he was a minor. The plaintiff also alleges the Fort Worth Catholic Diocese conspired with others to cover up the abuse.  Lois Norder, Ft. Worth Star Telegram  01/31/2012

Read Article: Ft. Worth Star Telegram

NFL Suits Over Concussions Combined in Philly

Four lawsuits filed against the NFL by current and former players over concussions will be consolidated, a judicial panel ruled this week. The suits, which will be tried in Philadelphia, claim the NFL “deliberately hid critical information about the dangers of concussions and hits to the head.” The New York Times reports there are more than a dozen more suits filed against the NFL with similar claims that may be combined with the current suit.  Ken Belson, The New York Times  01/31/2012

Read Article: The New York Times

Mother Files Suit Against Jail over Son’s Death

A Kentucky woman has filed a lawsuit against jail employees at the Fayette County Detention Center over the death of her son last June. The lawsuit claims jail employees failed to give the man “timely medical treatment, including medicine that was prescribed to treat a congenital heart condition.” The woman claims she advised several jail officials of her son’s deteriorating condition, but “they refused to obtain his medication” or allow her to bring it to the jail.  Valarie Honeycutt Spears, Lexington Herald-Leader  02/01/2012

Read Article: Lexington Herald-Leader

Indiana Title IX Lawsuit Revived by Appeals Court

A Title IX lawsuit in Indiana has been revived by a court of appeals, the Indianapolis Star reports. The lawsuit targets the scheduling of boys and girls athletic events in Franklin County, claiming that male teams play 95 percent of their games at night, prior to a day without school, while girls play less than 53 percent of their games in similar situations. Franklin County athletic director Beth Foster said she has attempted to adjust the disparity, but other athletic directors have refused.  Nat Newell, Indianapolis Star  02/01/2012

Read Article: Indianapolis Star

Honda to Pay in Small Claims Court over Civic MPG

A California woman has been awarded $9,867 in a lawsuit she filed against Honda Motor Co. in small claims court over the company’s claim that the Honda Civic hybrid gets 50 miles to the gallon. In her suit, the woman claimed that the car never got more than 40 or 41 miles to the gallon, and that a software update to the vehicle dropped the fuel economy even more. The woman said she filed the suit in small claims court “to prevent Honda from bringing a highly paid legal team to the battle,” which would be prohibited under California law.  Jerry Hirsch, LA Times  02/01/2012

Read Article: LA Times

That’s one hard lesson about Social Security. Another is that when it’s time to claim, you can’t depend on the Social Security Administration to be your personal adviser. In an effort to save time and cut costs, Social Security employees generally don’t give case-specific advice. So that means you are on your own to make the most important financial decision of a lifetime.

You have to read the rules and do the research yourself. William Meyer, whose website, Social Security Solutions, gives Social Security advice for a fee, says you also can’t depend on Social

Security to follow instructions you give them electronically. If you have a request that is not the most common choice, you’ll need to go to the Social Security office and make the request in person, he says. Read on to brush up on Social Security benefits that are not commonly known.

300 ways to claim the goodies
There are more than 300 ways a married couple can decide to take their Social Security benefits, according to Alicia Munnell, director of the Center for Retirement Research at Boston College. You can’t ask Social

Security to list them all, so what’s the right choice?
Munnell says it’s hard to beat waiting until you’re 70 to begin

benefits because the monthly payment is 76 percent higher than it

would be if you had started to take benefits at 62 and 32 percent

higher than it would be if you claimed at age 66.

Betting against death

On the other hand, some people advocate drawing Social Security

benefits at the first opportunity.

Courtesy: Bankrate/Doug Carey/WealthTraceDoug Carey, who founded the

financial planning software firm WealthTrace, says Social Security

doesn’t see itself as an odds maker, but it does require you to bet on

your longevity. He offers this chart as proof. It graphs the

break-even point for a person who earned the inflation-adjusted

equivalent of $70,000 per year for 35 years. If this person waits

until 70 to claim Social Security and lives until at least age 90,

he’ll accumulate almost $162,000 more in benefits than he would if he

had claimed at 62. But there’s a possibility of losing the bet and

getting nothing.

Retired law professor and Social Security expert Merton Bernstein says the longevity bet odds are bad, so claim early. “You never know when the bell will ring. I subscribe to the Woody Allen principal: ‘Take the money and run.’”

A reward for delaying divorce

If you’re not happy in your marriage after nine and a half years, hold off before hiring a divorce attorney.

“Stay married for at least 10 years,” says San Francisco-based Bank of America personal banker Raphael Gilbert.

Why? That’s what it takes to stake a claim to your ex-spouse’s Social Security benefits. If you terminate the marriage after nine years and 11 months, you’re out of luck.

If you make it for 10 years, you can collect a Social Security benefit based on up to half of your ex’s earnings or on the basis of your own earnings — whichever is higher.

Bigger reward if ex has ‘departed’

And we have another dirty little secret for you. If you haven’t remarried, chances are your ex-spouse is worth more to you dead than alive — especially if he or she was a high earner. Once an ex-spouse passes away, you’ll be treated just like a widow or widower. If you are at least 60, you’ll be able to collect your late-spouse’s benefit and allow your own benefit to grow unclaimed until you reach age 70, when you can switch if your own is higher, according to Carol Thomas, who worked for the Social Security Administration for 28 years and answers questions about Social Security at RetirementCommunity.com.

Assuming your ex will dwell on Planet Earth to a ripe old age, the longer your ex-spouse delays claiming Social Security, the better it is for you. So, if you get a chance, encourage your ex to work until age 70. Then, when it’s all over, you’ll get to claim half of his or her maximum Social Security. Or once you and your ex-spouse reach full retirement age — usually 66 — you can claim half your ex’s benefit and let your own grow untouched until you’re 70, says Thomas. Consider it payback.

More flexibility for widows and widowers

Social Security does a good job of explaining widow and widower benefits, but Ken Luck, a spokesman for TIAA-CREF Financial Services, says it doesn’t clearly spell out a key difference between widow/widower benefits and spousal benefits. A widow/widower can begin benefits based on his or her own earnings record and later switch to survivors benefits or begin with survivors benefits and later switch to benefits based on his or her own record — even if the surviving spouse is filing before full retirement age. You can’t do that with spousal benefits. In other words, a widow can begin drawing the full amount of her late husband’s Social Security when she is as young as 60. Then she can choose to leave her own Social Security alone, allowing it to grow in value until her full retirement age — or even age 70. This works for

widowers, too.

SSDI Step 1: Hire help

When you apply for disability insurance, Social Security doesn’t tell you that your first step ought to be hire a lawyer or other expert adviser. Allsup, a private firm that advises people about how to get SSDI, says Social Security doesn’t even make it clear that an applicant can have representation from the very beginning of the application process. As a result, lots of people don’t get help until they’ve been initially denied, and that slows down the process unnecessarily, according to Allsup spokeswoman Mary Jung.

Jung also warns SSDI applicants to be accurate and precise on the application. Small mistakes can make a big difference. Minimizing how much exertion was required to perform the person’s job is a common mistake that frequently results in denial of a claim.

35 years is the magic number

The Social Security website offers an explanation of how your benefits are calculated, but it’s a little hard to follow. You can find a simpler explanation at myretirementpaycheck.org, a website sponsored by the National Endowment for Financial Education.

Your Social Security payment is figured using a complex calculation based on a 35-year average of your covered wages. Each year’s wages are adjusted for inflation before being averaged. If you worked longer than 35 years, the government will use the highest 35 years. If you worked for less than 35 years, they’ll average in zeros for the years you are lacking. You don’t have to be a math genius to figure out the impact of that — it drags down your average. If you can avoid zeros by working a couple of years longer, you’ll increase your Social Security payment.

“This new law ensures that vehicles on our highways are properly registered and maintained,” said DMV Director George Valverde.  “We also support efforts to reduce emissions which keep Californians healthy.”

In the past, owners were able to secure a temporary operating permit for 60 days or more if, after paying their renewal fees on time, they were unable to get a smog certificate for any reason.  The continued operation of vehicles that have not met California’s smog test requirements is estimated to be emitting one to two tons per day of hydrocarbons and oxides of nitrogen.

Another law that will take effect in 2009 is SB 28, which coincides with the cell phone law of 2007 and prohibits text messaging with a cell phone or other text-based communications while driving a vehicle.  In all, 1,187 bills were passed and 772 were signed into law – including over 80 changes to the Vehicle Code during the 2008 legislative year.  Some of the other changes include fee increases to improve air quality, DUI penalties, and a new special interest license plate take effect on Jan. 1, 2009

Following is an abbreviated summary of the new laws that will take effect Jan. 1, 2009, unless indicated otherwise. A more comprehensive list appears on the DMV Web site at www.dmv.ca.gov.

1)   CONSUMER PROTECTION

*Unlicensed Car Dealers (AB 2042/Fuentes) This new law allows law enforcement officers to impound vehicles that are being sold by unlicensed dealers.

*Counterfeit Clean Air Stickers (SB 1720/Lowenthal) This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker.  These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.

2)   TRAFFIC SAFETY

*Text Messaging (SB 28/Simitian) This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.

*DUI Probation License Suspension (AB 1165 Maze) A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard.  The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

3)   AIR QUALITY

*Temporary Operating Permits (AB2241/Saldana) This law restricts DMV from issuing temporary operating permits to allow more time to obtain a smog certificate as part of the registration renewal process.  Under the law, extensions will cost $50 and are only allowed if the vehicle has been tested at a smog station and failed.   The extension can be for no more than 60 days from the date registration is due.  The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assistance Program (CAP).

*San Joaquin Valley Air Pollution Control District Fee (AB 2522/Arambula) In an effort to fund programs to reduce vehicle emissions, vehicle owners who register their vehicles in San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, and Tulare Counties and Valley portions of Kern County will be assessed an air quality fee of $6.

4)   OTHER

*New Special Interest Plate (SB 1455/Cogdill) A new “Gold Star Family” special interest license will be available to family members of individuals killed in the line of duty while serving in the Armed Forces during wartime or military operations.

*Motorcycle Definition (AB 2272/Fuentes) This new law changes the definition of a motorcycle, deleting the existing weight limitation of 1500 pounds.  It also removes a separate definition for electrically-powered vehicles.  This change in law will also allow drivers of fully-enclosed 3-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.

To easily access the California Vehicle Code for further information, log on to the DMV website at www.dmv.ca.gov and click on the “Publications” button in the upper left hand corner of the home page. The DMV driver handbook is also on the web at the same location. The 2009 version of the handbook will be published for distribution to all 169 DMV field officers shortly after the first of the year.

Don’t Stand In Line, Go Online! Doing business with the DMV has never been easier. The DMV offers an array of services to customers 24 hours a day, 7 days a week through its Web site (www.dmv.ca.gov), including online appointments for written and drive tests; vehicle registration and driver license renewals, selection of personalized license plates, changes of address and payment of fees via secure debit transactions

DMV is a department under the Business, Transportation and Housing Agency, which is under the direction of Secretary Dale E. Bonner. The DMV licenses drivers; maintains driving records; registers and tracks official ownership of vehicles and vessels; investigates auto and identity-related fraud; and licenses car dealers, driving schools, and traffic violator schools.

You’ll be automatically enrolled in the program if you’re already collecting Social Security or receiving benefits from the Railroad Retirement Board when you turn 65 — or if you’ve been collecting disability for more than two years. But if you’re working and not collecting government pension benefits, you need to sign up three months before your 65th birthday.

The Medicare program isn’t exactly “free” government-sponsored health care. You’ll have to pay deductibles and co-payments out of pocket, and certain services aren’t covered at all.

What you’ll ultimately pay for your future medical care will depend on the type of Medicare plan you choose, whether you’ll have additional health insurance coverage from a former employer, whether you’ve purchased “supplemental coverage” and how often you make use of the medical services offered by your doctor or hospital.

Medicare ABCs
You have several options, and they’re not cut-and-dry. Here’s what you need to know to make intelligent decisions about your insurance coverage.
The ins and outs of Medicare
1. The original Medicare plan: parts A & B
2. Medicare Part C: Medicare Advantage plans
3. Medicare Part D: Prescription drug benefit
4. Medigap policies
5. Where to get help

“Unfortunately, answering what Medicare does and does not cover … well, to do that fully and accurately would lead to a very broad and wide-ranging discussion,” says Peter Ashkenaz, a spokesman for the Centers for Medicare and Medicaid Services. “So what we recommend is that people access the Medicare Web site and download and read the ‘Medicare & You 2008′ handbook.”

However, if you’re not willing to wade through 120 pages of government-issue text just yet, here’s a synopsis of what you need to know.

The Original Medicare Plan: Parts A & B

The original Medicare plan is designed to help pay for certain medical services and supplies provided in hospitals, doctors’ offices and other health care settings. Medicare Part A focuses on hospital insurance while Part B is the program’s medical insurance component. All U.S. citizens and legal residents of the United States who have paid Medicare payroll taxes for a minimum of 10 years will be eligible for Part A and Part B coverage upon reaching age 65.

Part A basically helps people better absorb the costs associated with inpatient care in hospitals (including inpatient rehabilitation facilities), inpatient stays in a skilled nursing facility (but not custodial or long-term care), inpatient mental health care in a psychiatric hospital (limited to 190 days in a lifetime), as well as hospice care services and home health care services. Some of the costs associated with these services and procedures will be covered completely by Medicare Part A. Others will require out-of-pocket co-payments or the satisfaction of annual deductibles.

Part B coverage helps pay for “medically necessary” services such as doctors’ services, outpatient care and other medical services not covered by Part A. Part B also helps pay for some preventive care services that are designed to prevent or detect illness at an early stage, when treatment is likely to work best. (For a list, see pages 18 to 25 of the Medicare handbook).

As with Part A, Part B has its own separate annual deductible — $135 for 2008 — as well as its own co-payment and co-insurance costs. Generally speaking, Medicare will pay about 80 percent of the expenses for Part B-covered services and supplies.

“People expect that Medicare will provide them with health coverage after they retire, and that’s true — Medicare is comprehensive, it’s guaranteed. But it doesn’t cover all of your costs,” says Paul Precht, director for policy and communications at the Medicare Rights Center.

“You need to be aware of the fact that you will spend money out of pocket, either for the cost-sharing under Medicare, or for the cost of supplemental insurance if you don’t have that through an employer or if your income isn’t low enough to qualify for additional assistance through Medicaid. And it’s important to remember that Medicare doesn’t have any annual out-of-pocket limits.”

You usually don’t pay a monthly premium for Part A coverage if you (or your spouse) paid Medicare taxes while working at least 40 calendar quarters. But if you aren’t eligible for premium-free Part A coverage — meaning you have worked fewer than 40 calendar quarters — you may be able to buy Part A coverage if you meet certain conditions.

Those enrolled in Part B have to pay a monthly Part B premium and an annual Part B deductible. Most plan participants will pay the standard monthly premium amount, which is $96.40 in 2008. The monthly premium amount, however, will be higher for people above certain income thresholds ($82,000 for singles; $164,000 for married people filing jointly). Financial hardship cases can get this premium covered with governmental help. This premium is deducted from your monthly Social Security payment.

Medicare Part C: Medicare Advantage Plans

Formerly known as Medicare+Choice, Medicare Advantage plans are alternatives to the original Medicare plan and are not the same thing as “supplemental insurance” (more about this later). Sometimes called Part C or “MA plans,” these plans are run by private companies and are part of the Medicare program.

Basically, Medicare pays an amount of money for your health care into these private Medicare Advantage plans every month. In return, these plans must provide all of your Part A and Part B benefits, and they must cover at least all of the medically necessary services that the original Medicare plan provides.

MA plans can charge different co-payments, co-insurance and deductibles for their services and generally have set provider networks. This means you will likely be limited to seeing only those doctors who belong to the plan, going to certain hospitals for covered services and getting referrals to see specialists. If you use providers who aren’t in the network, you may have to pay the entire cost of the services rendered. However, MA plans can offer extra benefits, such as vision, hearing, dental, and health and wellness programs. Most include Medicare prescription drug coverage (usually for an extra cost).

Retirees can currently choose from five different types of Medicare Advantage plans. Most function like HMOs with specific networks of doctors. Other plans, such as Private Fee-For-Service plans, or PFFS, will allow you to go to any doctor if the doctor agrees to accept the plan’s terms of payment before treating you. Medicare Special Needs plans, or SNPs, serve certain people who are chronically ill, live in institutions such as nursing homes or have other special needs. (The different benefits offered by the various types of Medicare Advantage plans are outlined on pages 42 to 44 of the “Medicare & You 2008″ handbook.)

It’s important to call any plan before joining to find out what your services will cost and to make sure that a plan will meet your needs. Some plans, for example, will let you use out-of-network providers (sometimes for a higher cost). Also, be sure to check in advance with your doctors or hospital to determine if they accept the plan. To enroll in a Medicare Advantage plan, you can complete a paper application, call the plan provider by telephone or enroll online. Be aware that there are limitations as to when you can join, switch or drop a Medicare Advantage plan.

Remember, when you join a Medicare Advantage plan, you will have to provide your Medicare number from your Medicare card and the date your Part A and Part B coverage started. You will also generally still pay the monthly Part B premium along with Medicare Advantage plan’s premium (if they charge one). That includes coverage for Part A and Part B benefits, prescription drug coverage (Part D, if offered) and any other extra benefits.

Medicare Part D: Prescription Drug Benefit

Medicare offers prescription drug coverage for everyone with Medicare under Part D. But to get Medicare drug coverage, you must take the initiative and join a Medicare drug plan.

Medicare drug plans are run by insurance companies and other private companies approved by Medicare. Each plan varies in cost and drugs covered. Even if you don’t take a lot of prescription drugs now, you should still consider joining a Medicare drug plan because, if you decide not to join such a plan when you are first eligible, you will pay a late-enrollment penalty if you choose to join later. The penalty is 1 percent of the monthly premium for each month you don’t enroll and it’s applied to all future monthly premiums.

“Although there will be a number of seniors out there who don’t take any prescription drugs right now and who’ll view paying for prescription drug insurance as kind of a waste, they also need to think about the future,” says Clark Howard, consumer advice talk show host and author. “Consequently, you are so much better off holding your nose and picking a plan now rather than having to do so in the future and also having to pay a penalty on top of your regular premiums.”

There are 2 ways to get Medicare prescription drug coverage:
1. You can join a stand-alone Medicare Prescription Drug plan. These plans, sometimes called PDPs, add drug coverage to the original Medicare plan, to some Medicare Private Fee-for-Service plans, and to some Medicare Cost Plans and Medicare Medical Savings Account plans, or MSA plans. (The latter two plans are part of the catch-all “other Medicare plans” that are not Medicare Advantage plans. Medicare Cost Plans, available only in certain parts of the country, are a variation of the original Medicare plan. An MSA plan combines a high-deductible Medicare Advantage plan and a bank account, much like the consumer-directed health savings account plans that are available in the private sector.)
2. You can join a Medicare Advantage plan (such as an HMO or PPO) or another Medicare health plan that includes prescription drug coverage. Through these you will get all of your Medicare coverage (Part A and Part B), including prescription drugs (Part D). These plans are sometimes called “MA-PDs” and you will usually pay a separate monthly premium in addition to your Part B premium.

Every year from Nov. 15 to Dec. 31, you can switch to a different Medicare drug plan if your plan coverage changes or your prescription needs change. When you join or switch to a new Medicare drug plan, your coverage will generally begin Jan. 1, of the following year.

Medigap Policies

The original Medicare plan pays for many, but not all, health care services and supplies. To help pay your out-of-pocket costs, you might want to consider getting a Medigap policy, also called Medicare supplement insurance. Note: These plans can’t be used to pay your co-payments or deductibles for Medicare Advantage plans.

You can buy a Medigap plan from a private insurance company or you might be able to get this supplemental insurance from a former employer (your own or your spouse’s) as a retiree benefit. There are also several government programs that can help you obtain Medigap coverage if you meet certain income requirements or other qualifications.

A Medigap policy is private health insurance that’s designed to supplement the original Medicare plan and help pay some of the health care costs that aren’t covered — such as co-payments, co-insurance and deductibles. Each Medigap policy only covers one person, so if you and your spouse both want coverage, you each must buy separate Medigap policies.

Each standardized Medigap policy, however, must offer the same basic benefits, no matter which insurance company sells it. Premiums will vary depending on the plan you choose and the company you buy it from (the typical premium is about $150 per month), but usually the only difference among Medigap policies sold by different insurance companies is the cost.

The best time to buy a Medigap policy is during your “Medigap open-enrollment period.” In all states, there is an open enrollment period that lasts for six months and it begins on the first day of the month in which you are both age 65 or older and enrolled in Part B (some states have additional open enrollment periods). For more information about buying a Medigap policy, call your State Health Insurance Assistance Program.

All Medigap policies must follow federal and state laws that are designed to protect consumers and every Medigap policy must be clearly identified as “Medicare Supplement Insurance.” Furthermore, Medigap insurance companies can only sell you a “standardized” Medigap policy. There are 12 such policies identified by letters (i.e., Medigap Plans A through L), except in Massachusetts, Minnesota and Wisconsin, where Medigap policies are standardized differently. Also, in some states, you might be able to buy another type of Medigap policy called “Medicare Select,” which is a Medigap policy that requires you to use specific hospitals and, in some cases, specific doctors to get full benefits.

Where to Get More Information

It’s all rather complicated, but you don’t have to go it alone.

“There are a number of programs out there that can help people make decisions with regard to Medicare, and they are generally referred to as State Health Insurance Assistance Programs,” says Precht of the Medicare Rights Center, noting that these services are often underutilized. “They, of course, can have different names in different states, but they’re generally run out of a state’s department of insurance or a state’s department of aging, and they offer services that can often provide one-on-one counseling with respect to the coverage choices you’ll need.”

Human resource departments and union offices are also good sources of Medicare-related information, as is the “Medicare & You” handbook, he says.

Finally, long-term care insurance is another insurance option people might want to consider in addition to the optional Medicare Advantage and Medigap plans discussed above.

“Medicare doesn’t cover long-term care — that is, help with the daily activities of living if you are disabled or have dementia — basically, all of the day-to-day care you’d need toward the end of your life either at home or in a nursing home,” says Precht. “Medicare will only cover your medical care then, but it won’t pay for the sort of ‘custodial care,’ such things like feeding, dressing, bathing, etc.”

Being prepared with long-term care insurance could prove financially beneficial to you and your heirs. But this separate insurance is best purchased with the assistance of a financial adviser.

• can begin collecting the benefits as early as age 62. However, if the benefit begins early, the amount will be permanently reduced by a percentage based on the number of months up to his or her full retirement age.
• can qualify on your record for Medicare at age 65.
• can receive a benefit equal to one-half of your full retirement amount if they start receiving benefits at their full retirement age.

Note: The benefits for your spouse do not include any delayed retirement credits you may receive.

• who is caring for your child who is also receiving benefits can receive the full one-half benefit amount no matter what his or her age is.

Your spouse would receive these benefits until your child reaches age 16. At that time, the child’s benefits continue, but your spouse’s benefits stop unless he or she is old enough to receive retirement benefits (age 62 or older) or survivors benefits as a widow or widower (age 60).

Note: If your spouse will receive a pension for work not covered by Social Security such as government or foreign employment, the amount of his or her Social Security benefits on your record may be reduced.

If your spouse is eligible for retirement benefits on his or her own record, Social Security (SS)   will pay that amount first. But

• if the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age).

It doesn’t matter if your spouse starts getting benefits before, after, or at the same time you do–SS will check both records to make sure your spouse gets the higher amount.

• if your spouse has reached full retirement age and is eligible for a spouse’s benefit and his or her own retirement benefit, he or she has a choice.

Your spouse can choose to receive only the spouse’s benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If your spouse is not already receiving benefits, he or she can apply online for benefits based on age.

If you and your spouse apply online for retirement benefits at the same time, or if your spouse applies online after you start receiving benefits, SS will check his or her eligibility for benefits as a spouse. If qualified, the online application will automatically include a request for spousal benefits on your record.

If your spouse continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If your spouse is eligible for benefits this year and is also working, you can use Social Security Service earnings test calculator to see how those earnings would affect your spouse’s benefit payments. (Your spouse’s earnings affect only his or her own benefits; they do not affect your benefits or those of any other beneficiaries on your record.)

For more information on Social Security Retirement Benefits go to: http://www.ssa.gov/retire2/

Probate is a court-supervised process for transferring assets to the beneficiaries listed in one’s will upon his/her death.

After your death, a petition would be filed with the court (usually by the person or institution named in your will as the executor). After notice is given, a hearing would be held. Then your will would be admitted to probate and an executor would be officially appointed. An inventory of your assets would be filed with the court and notice would be given to your creditors so they could file claims. The process would end once the court approved a final distribution of assets.

Probate can take a lot of time (sometimes several years) to complete. In addition, assets tied up in probate may not be as readily accessible to the beneficiaries. Also the cost of a probate is often very high.

YOU CAN AVOID PROBATE BY CREATING A LIVING TRUST

What is a living trust?

A Living Trust  is  a legal entity  created by you by executing a written legal document and declaring you are establishing a trust. With a Living Trust your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die. The assets held in your living trust could be managed by the trustee and distributed according to your directions without court supervision and involvement. This can save your heirs time and money

A trust may be amended or revoked at any time by the person or persons who created it as long as he, she, or they are still competent.

A Living Trust can help ensure that your assets will be managed according to your wishes-even if you become unable to manage them yourself.

In setting up your living trust, you may serve as its trustee initially or you may choose someone else to do so. You can name a trustee to take over the trust’s management for your benefit if you ever become unable or unwilling to manage it yourself. And at your death, the trustee-similar to the executor of a will-would then gather your assets, pay any debts, claims and taxes, and distribute your assets according to your instructions. Unlike a will, however, this can all be done without court supervision or approval.

How are your assets put into the living trust?

Once your trust has been signed, an important task remains. To avoid court-supervised probate proceedings at your death, your assets must be transferred to the trustee of your living trust. This is known as funding the trust.

Deeds to your real estate must be prepared and recorded. Bank accounts and stock and bond accounts or certificates must be transferred as well. These tasks are not necessarily expensive, but they are important and do require some paperwork.

A lawyer can help you transfer assets to your trust. For example, you should consider changing the beneficiary designations on life insurance to the trust. As for the beneficiary designations on a qualified plan (such as a 401(k) or an IRA), you should seek  qualified professional’s advice because there are serious income tax issues.

Welcome to the LAOCLawGroup website. Our Law Firm handles in Bankruptcy Law, Family Law. Tax law dealing with IRS, Personal injuries, criminal law With over 44 years of combined practice.

LA OC LAWYERS GROUP is an Orange County and Los Angeles personal injury law firm and the managing lawyer of the LA OC Law Group, a California law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in Orange County and Los Angeles auto accident, please contact our offices immediately , The Ten Biggest Mistakes that can Destroy Your California Accident Case.

It is full of helpful information that will help you protect your legal rights and it is free consultation to all California residents.

LAOCLawGroup offers its clients personalized expertise in four fields of practice where experience, knowledge and sensitivity to the client’s needs are key to the successful results you are seeking.

As Certified Specialists, the attorneys at LAOCLawGroup have established their credentials through rigorous independent testing, continuing legal education and peer review. Whether seeking advice regarding bankruptcy and other financial options or family law problems, State Bar approved certification is the client’s greatest assurance of the best in legal services. When you find yourself confronted with personal problems, whether financial or family, don’t take chances. Demand had proven experience. We have 5 locations to handle your legal needs.Van Nuys ,Diamond Bar ,Riverside ,Long Beach, and Westminster.

The LAOCLawGroup is a full-service law firm committed to protecting our clients’ rights. We provide customized legal representation for each client, and we tailor our services to fit their specific legal needs. This is why we offer so many different legal practice areas under one roof.

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