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Why You Need an Attorney

Posted on:9/18/2012
On first site, the Social Security Act like any other any comprehensive and well-organized statute appears to state precisely and in detail just what the body which made the law intended.


On first site, the Social Security Act like any other any comprehensive and well-organized statute appears to state precisely and in detail just what the body which made the law intended. An act of the legislature seems to consist of a succession of exact instructions setting forth who shall be served, what shall be done, who shall do it, and to contain exhaustive definitions of rights and requirements, of conditions and exceptions. The paragraphs follow one another in a cumulating mass of prescription that baffles the unaccustomed reader.

 

Once, however, one has passed the initial barrier of this kind of extensive specification, he finds that the statute does not contain nearly enough to clarify for him what, in every particular, is intended. Thus, the Social Security Act declares, in Title I, the purpose of enabling each state to furnish financial assistance "to aged needy individuals," but it does not define "need." Under Title II it requires of the states desiring to participate in the system of unemployment insurance methods of administration which are "reasonably calculated to insure full payment of unemployment compensation when due," but it does not say what is "reasonably calculated" to achieve this purpose.

 

The problem becomes even more puzzling when an individual tries to determine how the law applies in his particular circumstances. The widow of sixty-five discovers that to be entitled to a survivors insurance benefit she must, at the time of her husband's death, have been a member of the same household as her husband, or receiving regular contributions for her support from him, or her husband must have been ordered by a court to contribute to her support. But suppose for several months before his death she had been away from home visiting relatives? Could she be considered a member of the same household? What if they had quarreled, and she wasn't sure whether she would ever return? Suppose they had separated, but he had sent her money sometimes and sometimes had forgotten to do so? How, in the particular situation in which this widow finds herself, is this provision of the law to be interpreted?

 

That's why you should hire an experienced Social Security attorney. The attorney will answer all your questions about eligibility and explain your options.


  
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