From the Associated Press: A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun.

Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year.

The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife.

But the payments dried up this fall and when Blanchard called Manulife, she says she was told she was available to work because of Facebook.

She said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday.

Blanchard said Manulife told her it’s evidence she is no longer depressed. She’s fighting to get her benefits reinstated and says her lawyer is exploring what the next step should be.

Blanchard told the CBC that on her doctor’s advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Manulife wouldn’t comment on Blanchard’s case, but did say they would not deny or terminate a claim solely based on information published on Web sites such as Facebook.

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted by the United Nations General Assembly in 1982, provides an opportunity to mobilize action to achieve the goal of full and equal enjoyment of human rights and participation in society by persons with disabilities.

Globally, almost one in ten people have a disability and recent studies indicate that persons with disabilities constitute up to 20 percent of the population living in poverty in developing countries. Many persons with disabilities continue to face barriers to their participation in their communities and are often forced to live on the margins of society. They often face stigma and discrimination and are routinely denied basic rights such as food, education, employment, access to health, and reproductive health services. Many persons with disabilities are also forced into institutions, a direct breach of the rights to freedom of movement and to live in their communities.

The United Nations has a long history of promoting the rights and well-being of all people, including persons with disabilities. The organization has worked to ensure their full and effective participation in the civil, political, economic, social, and cultural spheres on an equal basis with others in order to achieve a society for all. The organization’s commitment to the full and equal enjoyment of all human rights by persons with disabilities is deeply rooted in a quest for social justice and equity in all aspects of societal development. The World Programme of Action Concerning Disabled Persons and the Standard Rules on Equalization of Opportunities for Persons with Disabilities translated the organization’s commitment into an international policy framework, which has been further strengthened by the Convention on the Rights of Persons with Disabilities, an international legal instrument, to empower persons with disabilities to better their lives and that of their communities around the world.

Generally, Social Security only assigns one number to an individual. They use that number to record an individual’s earnings so that they can determine future benefits and, eventually, to track benefits paid. Only under the following circumstances can Social Security assign a different number:

•Sequential numbers assigned to members of the same family are causing problems;
•More than one person has been assigned, or is using, the same number;
•An individual has religious or cultural objections to certain numbers or digits in the original number;
•A victim of identity theft continues to be disadvantaged by using the original number; or
•Situations of harassment, abuse or life endangerment (including domestic violence).

When Social Security assigns a new number, they do not void or delete the original number. For integrity reasons, they cross-reference all the numbers assigned to the same individual.

To apply for a different number:

•Complete an Application For A Social Security Card (Form SS-5); and

•Take this and the following to the Social Security local office with documents proving:

U.S. citizenship (or immigration status and work eligibility);
Identity; and
Evidence to support your need for a new number

All documents must be either originals or copies certified by the issuing agency. Social Security cannot accept photocopies or notarized copies of documents.

Michael J. Astrue, Commissioner of Social Security, today hosted the agency’s fifth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and Social Security executives. They heard testimony from some of the nation’s leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.

“Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties,” said Commissioner Astrue. “The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness. This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella.”

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security’s standards. “Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need,” Commissioner Astrue said. “This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months.”

Fairfax Virginia Attorney Sheri Abrams’ blog “Virginia Disability Law Blog” has been chosen as one of the National Top 100 Legal Blogs by Attorney.org.

During its 2009 session, the Virginia General Assembly expressed its intent to eliminate the waiting lists for the Medicaid Intellectual Disabilities (formerly “Mental Retardation”) Waiver and the Individual and Family Developmental Disabilities Supports Waiver.

In doing so, it required the Department of Medical Assistance Services (DMAS) to collaborate with the Department of Planning and Budget to increase the number of funded waiver slots at a minimum of 67 slots for the Individual and Family Developmental Disabilities Supports waiver and 400 slots for the Intellectual Disabilities waiver per year, until the waiting lists are eliminated and directed the Governor to develop a plan to eliminate the waiting lists for these waivers by the 2018-2020 Biennium.

The full report can be accessed here.

Click here for a wonderful article on the 21 websites to get prescription payment assistance

Most people have heard the terms “will” and “trust,” but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan.

One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it. A will is a document that directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. By contrast, a trust can be used to begin distributing property before death, at death or afterwards. A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” A trust usually has two types of beneficiaries one set that receives income from the trust during their lives and another set that receives whatever is left over after the first set of beneficiaries dies.

A will covers any property that is only in your name when you die. It does not cover property held in joint tenancy or in a trust. A trust, on the other hand, covers only property that has been transferred to the trust. In order for property to be included in a trust, it must be put in the name of the trust.

Another difference between a will and a trust is that a will passes through probate. That means a court oversees the administration of the will and ensures the will is valid and the property gets distributed the way the deceased wanted. A trust passes outside of probate, so a court does not need to oversee the process, which can save time and money. Unlike a will, which becomes part of the public record, a trust can remain private.

Wills and trusts each have their advantages and disadvantages. For example, a will allows you to name a guardian for children and to specify funeral arrangements, while a trust does not. On the other hand, a trust can be used to plan for disability or to provide savings on taxes. Sheri Abrams, Attorney at Law, can tell you how best to use a will and a trust in your estate plan.