Estate Planning Blog Articles

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How to Manage Aging Parent’s Finances

A day will come when age begins to catch up with your parents and they will need help with their finances. Even if your parents don’t want to feel dependent, when you think they need your assistance, you can approach the issue with sensitivity and extend your support for the management of their finances, says Real Daily’s recent article entitled “5 Tips to Manage an Aging Parent’s Finances.” Here are some tips:

  1. Start the conversation early. Your parents may not need your help with the handling of their financial matters right away. However, it is smart to begin the conversation early. Approach the issue of who will manage the financial responsibilities when they’re no longer able to do it. Parents should select a trusted family member by providing their advance written consent. This will let you to talk about your parents’ financial issues with financial advisors, doctors and Medicare representatives and carry out timely financial planning.
  2. Create a list of all pertinent legal and financial documents. Prepare a list of your parents’ important contacts, bank account details and locations of any stored documents, like wills, property deeds, insurance policies and birth certificates. Make certain all information and documentation is accurate and up to date. If information needs to be modified because of a change of circumstances, this is time to apprise them of it and help them do what’s needed.
  3. Consider executing a power of attorney. A competent adult can sign a power of attorney to authorize another person to make decisions on their behalf. A power of attorney for a specific purpose may cover medical, financial, or other decisions, and it may be designed to give limited or more sweeping powers. When your parents sign a power of attorney with you named as their attorney in fact, it will legally empower you to make key decisions when they can’t. An elder law attorney can help you draft an appropriate power of attorney according to your situation.
  4. Document your actions and keep others in the know. Transparent communication will help you avoid misunderstandings or controversy within your family. Keep your parents, siblings and any other loved ones involved with your family informed about your actions. No matter how noble your intentions may be, if others are kept in the dark, it can raise questions about your motives. Managing the finances of aging parents is a lot of work, and you can ask for the support of family members or at least keep the lines of communication open.
  5. Don’ comingle your finances with your parents’ plans. While it may look to be a convenient or cost-effective thing to do, it’s never a good idea to combine your parents’ finances with your own. Keep them separate. Using your parents’ money for your purposes or your own money to help them out is usually a slippery slope that should be avoided. Don’t forget about your own financial goals and retirement savings while you focus on helping your parents.

Reference: Real Daily (Sep. 9, 2022) “5 Tips to Manage an Aging Parent’s Finances”

Can My Teeth Tell Me about My Health?

AARP’s recent article entitled “8 Surprising Things Your Teeth Can Tell You About Your Health” gives us some signs that our teeth can say about out health.

  1. Damaged tooth enamel can be a sign of eating disorders. While bulimia and anorexia are most common in young women, studies show that 13% of American women over 50 have signs of eating disorders. Bulimia is an illness characterized by a cycle of binge eating and self-induced vomiting, often leads to tooth damage. Acid created in the stomach by vomiting erodes the inner enamel or thin outer coating of the teeth. Anorexia is also a serious illness characterized by weight loss, difficulty maintaining an appropriate body weight, and distorted body image. Many people with bulimia are also anorexic, so those with anorexia may also have damage to their tooth enamel.
  2. Pale gums can be a sign of anemia. Anemia is a condition that develops when not enough rich, healthy red blood cells are produced in the body. This makes a person feel weak and tired. It can also cause shortness of breath, dizziness, headaches, and an irregular heartbeat. About 10% of the 35 million people in the U.S. over 65 are considered anemic.
  3. Osteoporosis can put people at risk for tooth loss. This is a bone disease that develops when bone density, mass, and structure in the body changes and can result in loss of bone strength and risk of bone fractures. About 54 million Americans have osteoporosis and low bone mass.
  4. Complications of kidney disease can lead to tooth loss. When the blood can’t be filtered properly, the result is kidney disease. Those with kidney disease often have compromised immune systems and chronic inflammation. A compromised immune system is susceptible to the overgrowth of bacteria or fungus in the body, which can lead to periodontal disease. This is a common bacteria-induced inflammatory disease that causes bleeding gums, wobbly teeth, and tooth loss.
  5. Oral thrush can be a sign of HIV. This is a fungal infection caused by a fungus called candida, which is normally present in low numbers in the mouths of many people. The problem happens when there’s an overgrowth of candida. This can be caused by several factors, including a compromised immune system.
  6. Acid reflux can cause damage to tooth enamel. Acid reflux happens when the contents of your stomach or stomach acid regurgitates into the esophagus. A dentist should easily be able to detect tooth damage by erosion from acid reflux.
  7. Poor dental hygiene is associated with cognitive decline. This can be a sign of cognitive decline, especially in those who have previously taken good care of their teeth. As brushing, flossing and dental visits become harder, the ability to maintain the health of the teeth lessens. Research has also connected tooth loss to a higher risk of dementia. When a senior who’s previously taken good care of his or her teeth has food debris in the mouth, the lack of self-care could indicate decline. Caregiver support may be needed.
  8. Teeth grinding can be a sign of sleep apnea. Sleep apnea causes breathing to stop or become very shallow during sleep. The National Sleep Foundation has found that 1 in 4 people with sleep apnea also grind their teeth at night. Untreated sleep apnea is associated with serious health problems like high blood pressure, type 2 diabetes, liver problems, and even dementia.

Reference: AARP (July 22, 2022) “8 Surprising Things Your Teeth Can Tell You About Your Health”

When Will Hearing Aids Be OTC (Over the Counter)?

Some people avoid purchasing hearing aids because of their hefty price tags. The cost for a single hearing aid ranges from hundreds of dollars to more than $4,000. Moreover, Medicare and most private insurers don’t usually cover the expense. Thus, affordability is a “significant barrier” to purchasing hearing aids, according to a paper in the Hearing Journal, a hearing health care publication.

However, an FDA rule is slated to take effect in mid-October, at which point hearing aid manufacturers will have 240 days to amend relevant product labels and marketing to comply with the new OTC requirements. OTC hearing aids will likely be more affordable and accessible to consumers than most other FDA-approved hearing aids on the market right now.

Forbes’ recent article entitled “FDA Rule Allows Over-The-Counter Hearing Aids To Hit Shelves As Soon As October, Improving Access Nationwide” reports that according to the FDA’s new rule, over-the-counter (OTC) hearing aids are hearing aids intended for people at least 18 years old with perceived mild to moderate hearing loss.

Hearing aids will be available at stores and online retailers (who aren’t required to be licensed sellers) without the need for a medical exam, prescription or fitting adjustment by an audiologist or hearing health professional. The OTC hearing aids must be controllable by the user and customizable to the user’s hearing needs, allowing them to make volume and frequency-dependent changes based on their preferences without the assistance of a professional.

Note that OTC hearing aids are different from personal sound amplification products (PSAPs), which are used to amplify sounds in certain environments and aren’t subject to FDA regulation.

While specific cost information hasn’t been announced by the FDA, OTC hearing aids are expected to be more affordable than prescription hearing aids. Those are frequently sold bundled with audiology services. Affordable OTC hearing aids have the potential to make hearing aids more easily available to people with some degree of hearing loss who may not otherwise be able to afford them. Users also won’t be required to present a prescription from an audiologist or other hearing health professional to get them.

However, members of some hearing health industry associations are concerned about consumers purchasing and using OTC hearing aids without first completing a hearing evaluation conducted by a hearing health professional.

They worry people might damage their ears from overamplification or simply not get a positive result with the products and give up on hearing aids altogether. That has many social and health implications.

However, the Hearing Loss Association of America (HLAA) openly supports a regulated market for OTC hearing aids.

Reference: Forbes (Aug. 16, 2022) “FDA Rule Allows Over-The-Counter Hearing Aids To Hit Shelves As Soon As October, Improving Access Nationwide”

How to Protect Yourself from Online Fraud

The messages come in through emails, texts, phone calls and pop-ups on computer screens. They pretend to be calling from “tech support,” sometimes claiming to be part of Microsoft or Apple. They speak with authority, according to a recent article titled “Tech Support Fraud Targets Seniors,” from Kiplinger.

There’s nothing wrong with your computer, and they are not calling from Bill Gate’s office. The FBI’s Internet Crime Complaint Center, known as IC3, received 13,900 complaints from older victims who lost a total of $238 million in 2021. Of all losses to tech support fraud, older victims make up 58% of the calls and 68% of the losses.

Scams targeting older adults have risen at an alarming rate, reports the IC3’s Elder Fraud Report 2021. There was a 74% increase in losses in 2021 from 2020. Tech support fraud is the most reported fraud among victims 60+ and older.

Why are seniors so attractive to scammers, and why are they so vulnerable?

Most scammers believe all seniors have substantial retirement funds. It is often true.  Seniors may also be isolated from younger generations who are savvier about technology. The past few years have seen an increase in training people actively engaged in the workforce about common security issues and ways to prevent fraud and theft. Retirees are not likely to be exposed to this kind of information on a regular basis.

Tech support scammers typically present themselves as calling from well-known tech companies. They offer help with non-existent problems, demanding payment for renewal for software or security subscriptions. They also impersonate customer support from banks, financial institutions, utility companies or cryptocurrency exchanges.

Adding another layer to the problem: seniors may not have the latest security software or are using outdated desktop computers without current security upgrades, making them an easier target. They simply may not be able to afford to use the costs of some security programs.

Scammers use simple scare tactics, combined with scripts updated to reflect the latest worries and concerns of seniors. Even smart people get scammed. One 80-year old woman was using her computer when a pop-up ad claiming to be from Microsoft appeared and directed her to call a phone number. When she called, the person said they were Microsoft’s scam department and warned her not to continue the conversation on the phone because the scammers could hear the conversation. They gave her an address in another country and instructions to send money by wire. They also gave her all the answers to questions her bank would ask, like why the money was needed and why it was going to a foreign country. She ultimately gave the scammers $20,000.

Equally dangerous is letting scammers have login information. Once they can get into your electronic devices and steal data, they can take personal information and money without the user’s knowledge.  They can also hack into the computer and deploy ransom software, blocking you from using your own computer until you pay ransom. Even then, there’s no guarantee of retrieving your information.

How can you protect yourself?

  • Legitimate companies will not call to tell you there’s a problem with your computer.
  • A real tech company won’t send a popup ad to your computer and ask for a phone call.
  • Anything that must be done fast should be considered a scam.
  • Legitimate companies don’t ask for wire transfers, gift cards or bank account information.
  • Never, ever, click on a link in an email. Other people’s systems get spoofed (taken over), and their email lists are often used to send out fraudulent emails.
  • Keep your computer up to date with the latest in security and updating browsers and operating systems regularly.

Reference: Kiplinger (Aug. 5, 2022) “Tech Support Fraud Targets Seniors”

Scammers Try to Take Senior for a Ride

An 80-year-old woman figured out she was being scammed before going to the bank, after receiving an email from fraudsters who hired an Uber to take her there.

However, the story is a stark reminder of the extent to which thieves will go to scam the elderly, says Krebs on Security’s recent article entitled “Scammers Sent Uber to Take Elderly Lady to the Bank.”

Travis Hardaway said his mother last month replied to an email she received regarding an appliance installation from BestBuy. He said the timing of the scam email couldn’t have been worse, since his mom’s dishwasher had just died. She’d paid to have a new one delivered and installed.

“I think that’s where she got confused, because she thought the email was about her dishwasher installation,” Hardaway said.

Hardaway said his mom initiated a call to the phone number listed in the phony BestBuy email. The scammers told her she owed $160 for the installation, which seemed about right. However, they then asked her to install remote administration software on her computer, so that they could control the machine from afar and assist her in making the payment.

After she logged into her bank and savings accounts with scammers watching her screen, the fraudster on the phone claimed that instead of pulling $160 out of her account, they accidentally transferred $160,000 to her account. They said they needed her help to make sure the money was “returned.”

“They took control of her screen and said they had accidentally transferred $160,000 into her account,” Hardaway said. “The person on the phone told her he was going to lose his job over this transfer error, that he didn’t know what to do. So, they sent her some information about where to wire the money and asked her to go to the bank. However, she told them, ‘I don’t drive,’ and they told her, “No problem, we’re sending an Uber to come help you to the bank.’”

Her son was out of town when this happened. Thankfully, his mom eventually grew exasperated and gave up trying to help the scammers.

“They told her they were sending an Uber to pick her up and that it was on its way,” Hardaway said. “I don’t know if the Uber ever got there. However, my mom went over to the neighbor’s house and they saw it for what it was — a scam.”

Hardaway said he has since wiped her computer, reinstalled the operating system and changed her passwords. However, he says the incident has left his mom rattled.

“She’s really second-guessing herself now,” Hardaway said. “She’s not computer-savvy, and just moved down here from Boston during COVID to be near us, but she’s living by herself and feeling isolated and vulnerable, and stuff like this doesn’t help.”

According to the FBI, seniors are often the targets of scams because they tend to be trusting and polite. They also usually have financial savings, own a home and have good credit—all of which make them attractive to scammers.

“Additionally, seniors may be less inclined to report fraud because they don’t know how, or they may be too ashamed of having been scammed,” the FBI warned in May. “They might also be concerned that their relatives will lose confidence in their abilities to manage their own financial affairs. And when an elderly victim does report a crime, they may be unable to supply detailed information to investigators.”

Reference: Krebs on Security (Aug. 4, 2022) “Scammers Sent Uber to Take Elderly Lady to the Bank”

Wayward Senior Tracked by Bluetooth Technology

The Hernando County Sheriff’s Office recently received a report of a missing adult in the Hernando Beach area.

According to the agency, the elderly man, who suffers from dementia, was reported missing by his wife at about 7:30 in the morning.

Units were dispatched within minutes, reports WTSP.com, in the article entitled “’Technology is one of the best tools…’: Missing elderly man found through Bluetooth tracking device.”

The sheriff’s office said this wasn’t the first time the man has been reported missing.

This time, his wife was prepared: she attached a Bluetooth tracking device to her husband’s belt.

Bluetooth is a type of wireless technology that allows the exchange of data between different devices, such as two cellphones.

Because she planted the device, she was able to give deputies a location to where to find her husband.

Law enforcement was able to locate the man by 7:54 a.m.

He was returned safely home to his family.

“With the high heat index this time of year and the multiple access points to water in the area, we are thankful for this assistance of technology in order to locate this individual within 18 minutes,” the sheriff’s office wrote in a statement.

The sheriff’s office says tracking devices like the one used in this incident can give families peace of mind when caring for a senior with mental health issues, by being able to monitor their location.

“Whether it is a child with special needs or a senior who is forgetful, there are usually warning signs that a person is prone to wandering,” Sheriff Al Nienhuis said in a statement.

“Technology is one of the best tools family members can use to alert them when that individual has unexpectedly left the house.”

“It also provides invaluable tools to increase the likelihood the person will be returned safely. We strongly encourage families to research what technology is right for their situation.”

Reference: WTSP.com (August 8, 2022) “’Technology is one of the best tools…’: Missing elderly man found through Bluetooth tracking device”

What’s Going on with Marvel Comics Creator Stan Lee’s Estate?

According to a court document filed recently, comic book icon Stan Lee’s estate moved to dismiss claims against Lee’s former business manager, Jerardo “Jerry” Olivarez. Terms of the deal weren’t disclosed. The settlement doesn’t include claims against Lee’s former attorney, Uvi Litvak.

The Hollywood Reporter’s recent article entitled “Stan Lee’s Estate Settles Elder Abuse Suit Against Ex-Business Manager” explains that the four-year legal saga, sparked by The Hollywood Reporter‘s investigation detailing accusations of elder abuse, centers on a fight over Lee’s estate. The battle includes his daughter, J.C., and people who allegedly manipulated her in efforts to exploit her famous father. Lee accused J.C., his only child and heir to his estate, of verbally abusing him.

J.C.’s outbursts turned physical at some points in conflicts over money, reports say.

The executive vice president and publisher of Marvel Comics, Stan Lee sued Olivarez and Litvak in 2018, calling them “unscrupulous businessmen, sycophants and opportunists” seeking to take advantage of him following the death of his wife, Joan Lee. Olivarez joined Stan’s inner circle as a consultant to J.C. and Joan’s various business endeavors before ending up with power of attorney over Lee after Joan’s death. He was given the title of “senior adviser,” handling caregiving duties for Lee.

“Jerry Olivarez and JC Lee, Stan and Joan Lee’s only daughter and Trustee of the Lee Family Trust, are happy to announce the resolution of their Court dispute,” said Olivarez’s attorney Donald Randolph in a statement. “The genesis of this dispute was the unfortunate manipulation of Stan Lee and his family undertaken by certain individuals — not named in the lawsuit — which was intended to unfairly malign Jerry Olivarez. These individuals exerted undue influence on the Lee family to accuse Jerry Olivarez of harmful acts which he did not do.”

According to the complaint, Olivarez fired Stan Lee’s banker of 26 years along with his lawyers and transferred roughly $4.6 million out of his bank account without authorization. After convincing Lee to sign a power of attorney to give him authority, Olivarez allegedly appointed his own lawyer, Livtak, as Lee’s lawyer without disclosing the conflict of interest.

Prior to his death, Lee alleged fraud, financial abuse of an elder and misappropriation of name and likeness, among other claims.

“Olivarez abused his relationship of trust with Lee and JC Lee, knowledge of Lee’s and JC Lee’s confidential business and estate planning operations, and ability to mislead Lee due to his advanced age all in a covert and intentional effort to dupe Lee into a host of schemes and financial missteps that benefited Olivarez and disenfranchised Lee,” reads the complaint.

Reference: The Hollywood Reporter (July 27, 2022) “Stan Lee’s Estate Settles Elder Abuse Suit Against Ex-Business Manager”

Can We Prevent the Elderly from Being Scammed?

Just as parents guide their children through adulthood and teach them about finances and how to manage their money, adult children of aging parents need to be alert for their parents before they fall victim to those preying on the elderly. It’s become all too common, according to the article “The Best Way to Protect a Parent from Scammers” from Kiplinger.

There are a few common scams seen across the country. One is to call an elderly person and tell them their beloved grandchild has been arrested and cash needs to be sent immediately to get them out of jail. The grandparents are told the child has told the police not to call the parents, so the call is secret. No police department calls grandparents with a demand for cash, but in the stress of the moment, flustered people often comply.

Another is a thief posing as an IRS agent and telling a surviving spouse that their deceased spouse owed thousands in back taxes and penalties. The senior is told to make a payment or risk being arrested.  There is also the scammer claiming to be from the DEA and warning the person their Social Security number and credit card were used to rent a car found abandoned near the Mexican border with suitcases stuffed with drugs. The person is told they need to verify their information to clear their record, or they’ll be arrested for drug trafficking. The voice is always very convincing.

Elderly victims are vulnerable for several reasons. One, the generation preceding the boomers was taught to trust others, especially people in positions of authority. As people age, their ability to think clearly when a dramatic and unexpected piece of bad news is easily shaken. Someone who would otherwise never have given out their personal information or sent cash or purchased gift cards becomes overwhelmed and complies with the scammer.

Taking control of a parent’s financial life is a hard step for both the aging parents and the adult children. No one wants to lose their independence and freedom, nor do adult children want to see their parents becoming vulnerable to thieves. However, at a certain point, adult children need to become involved to protect their parents.

A General Durable Power of Attorney (POA) is a legal document giving another person, typically an adult child, the power to act on behalf of another person immediately, once the document has been signed. It may not be effective in stopping a parent from giving money to a scammer, since the parents still have control of their money. fI transactions are done online, the bank may not have an alert set up for questionable transactions.

That said, having a POA in place and alerting the bank to its use will give the financial institution more freedom to be in touch with an adult child about their parent’s accounts, if fraud is suspected.

Guardianship or conservator is another way to address this issue, although it is far more invasive and brings the court system into the life of the person who becomes a “ward” and requires regular reporting. Guardianship is usually sought when the aging parent is incapacitated.

While we often think of trusts as a means of passing wealth to the next generation, they are also useful for protecting people in general and seniors in particular from scammers. When an adult child or other trusted person becomes the trustee, they gain complete control of the assets in the trust. If the aging parent is a trustee, they have control but someone else can step in if necessary. The co-trustee can see any changes in spending habits or unusual activity and take immediate action, without the delay that applying for guardianship would create.

Speak with your estate planning attorney about your unique situation to learn which of these solutions would be appropriate for your loved ones.

Reference: Kiplinger (July 25, 2022) “The Best Way to Protect a Parent from Scammers”

The Biggest Health Mistakes Seniors Make

We all can improve the chances of a longer, more healthful life by just avoiding these deadly health mistakes that people tend to make after age 50, according to Money Talks News’ recent article entitled “7 Fatal Health Mistakes People Make After Age 50.”

  1. Failing to stay social. Research shows that isolation may double a person’s risk of dying of cardiovascular disease. Social isolation is also linked to increased risks of depression, cognitive decline, obesity and a weakened immune system. Keep those connections with friends and family as you move through your golden years.
  2. Continuing to eat high-sodium foods. Roughly 90% of the sodium we consume comes from salt. In addition, 90% of Americans consume too much sodium. Reduce your sodium intake, and your blood pressure should fall within a couple of weeks, helping to lower your risk of deadly heart disease and stroke.
  3. Postponing colorectal cancer screening. All adults 50 to 75 should have a colorectal cancer screening. This test can find precancerous polyps, which are the main source of colorectal cancer. Screening also can find the disease itself in its early stages, when it is most treatable.
  4. Not taking a daily aspirin. Not everyone over 50 should take an aspirin every day. However, it may be good for those with certain potentially life-threatening health conditions. The U.S. Preventive Services Task Force recommends daily aspirin therapy if you’re age 50 to 59 and not at increased bleeding risk, and you have an increased risk of heart attack or stroke of 10% or greater over the next decade. However, their new recommendations suggest there is no net benefit to starting an aspirin regimen at age 60 or older.
  5. Avoiding the weight room. As we get older, the risk of the bone disease osteoporosis increases. Women are especially at risk for osteoporosis. In fact, one in two women will break a bone due to osteoporosis — which occurs more often in women than a heart attack, stroke and breast cancer combined. The key to preventing osteoporosis is getting enough calcium and vitamin D, along with weight-bearing exercise.
  6. Avoiding water intake. Children and seniors are most at risk for the most devastating consequences of dehydration. Older adults carry a lower volume of water in their bodies. They’re also more likely to take medications that boost the risk of dehydration. Their sense of thirst is also less acute, making it easy for them to forget the need to drink.
  7. Smoking cigarettes. Kicking the nicotine habit pays off at any age so quit now. The improvements can be nearly immediate: your heart rate and blood pressure drop 20 minutes after quitting. Carbon monoxide in your blood drops to normal a few days after quitting, and circulation and lung function improve shortly after quitting.

Just remember to talk to your doctor before undertaking these practices.

Reference: Money Talks News (May 19, 2022) “7 Fatal Health Mistakes People Make After Age 50”

Why Does Government Deny Social Security Disability Benefits

Kiplinger’s recent article entitled “3 Main Reasons Why the Government Denies Social Security Disability Benefits” says three main issues are the primary contributors to the high denial rates and prolonged appeals process:

  1. Applicants fail to satisfy work history requirements. Anyone who pays FICA payroll taxes long enough, is typically insured for SSDI. However, that doesn’t mean they’re eligible for benefits. To meet the SSA definition of disability, one must have physical or mental impairments that prevent them from being unable to perform any substantial gainful activity (SGA) for at least 12 months or have a terminal diagnosis. SGA encompasses work performed for pay or profit, and for 2022, the monthly benefit one would receive after qualification is set at $1,350 a month, or $2,260 if you are blind.
  2. Applicants provide incomplete documentation. Detailed medical evidence is required to document a disability and its impact on the person’s ability to perform SGA—it’s a crucial part of the SSDI application. This should include diagnoses, medical tests and results, treatment history, prescription drugs, surgeries, ER and doctor visits and other relevant medical details to show not just that you have a problem, but also that you’ve been receiving regular medical treatment for your issue. This, along with details about how a disability influences your activities of daily living, is especially significant if you have an invisible disability, such as mental disorders, neurological conditions or cognitive dysfunctions caused by injury or disease. Regular monthly treatments and drug therapies with specialists and mental health professionals are an important part of your claim.
  3. Applicants not knowing they have the right to an SSDI representative. The SSA doesn’t tell initial applicants they have the right to retain a representative to assist them. As a result, most people try to navigate the complicated program on their own. You need an advocate to tell the story of your disability and its impact on you and your family. Less than 30% of applicants have an SSDI representative to help them apply. Those individuals are 23% more likely to get their application approved. It also means getting benefits in six months compared with a year or two!

Representatives are taking on more SSDI cases resulting from long COVID symptoms that have exacerbated physical and mental impairments. Long COVID may affect up to 30% of COVID patients, or an estimated 25 million people in the United States, especially those with respiratory disease, diabetes and cognitive issues.

Reference: Kiplinger (July 16, 2022) “3 Main Reasons Why the Government Denies Social Security Disability Benefits”