Attorney Sheri Abrams is honored to have received accreditation by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans before the VA.

Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose in requiring attorney accreditation is to ensure that claimants for VA benefits receive “qualified assistance in preparing and presenting their claims.”

To receive accreditation, federal law requires an attorney to complete continuing legal education covering, at a minimum, the following topics: VA representation, disability compensation, dependency and indemnity compensation and pension benefits, claim procedures, eligibility requirements, and appeal rights. An attorney must also establish that he or she is of good character and reputation.

The privilege of accreditation carries with it the responsibility to maintain specified standards of conduct and comply with the laws that govern VA representations, as set forth in the United States Code and the Code of Federal Regulations.

According to federal law, attorneys who do not receive VA accreditation are prohibited from assisting claimants in the preparation, presentation and prosecution of VA claims, regardless of whether or not the attorney charges legal fees for those services. Unaccredited attorneys may only provide limited services to veterans, such as providing general information about VA benefits, and may not assist veterans in the preparation, presentation, and prosecution of their claims.

The VA accreditation system is designed to ensure that lawyers who represent VA claimants have a thorough understanding of the VA health and benefit systems, so that they may provide quality assistance in the preparation, presentation and prosecution of those claims.

This accreditation allows Ms. Abrams to provide veterans and their families with advice on complex areas of law concerning long-term care planning, including VA pension benefits and the related issue of Medicaid benefits.

Ms. Abrams is proud to join fellow Needham Mitnick & Pollack Attorney Edward Zetlin in being one of the few attorneys in Virginia accredited by the Department of Veteran Affairs to assist veterans who have served our country obtain the benefits they deserve.

I have received a question regarding whether or not a person is entitled to retirement benefits on their ex-spouse’s Social Security record. The law on this is as follows:

An unmarried divorced spouse is entitled to benefits starting at age 62 if they had been married for at least 10 years and there ex- husband or ex wife is at least 62 years old (retired and receiving benefits or not) or are receiving Social Security Disability benefits.

A divorced spouse cannot receive this benefit if they have remarried unless the marriage is to a person already receiving benefits as a widow, widower, parent, or disabled adult child.

If the ex-spouse is 62 but not retired, then the divorce must have occurred at least two years before the divorced spouse can receive the benefits. If the divorced spouse was entitled before the divorce to benefits, there is no waiting period.

As for the amount of benefits that can be received:

A divorced spouse at full retirement age is entitled to 50% of their ex-spouse’s retirement benefit.

At age 62 the divorced spouse is entitled to between 32 1/2 % and 35 5/6 % of their ex-spouse’s retirement benefit depending on the divorced spouse’s full retirement age.

If the divorced spouse is also insured for their own retirement benefit, she/he would only receive whatever amount from their ex-spouse that is necessary to make up the difference.

The Congressional Budget Office determined it will pay out more in Social Security benefits in 2010 than it will receive in taxes. Social Security benefits are paid to senior citizens that are retired and those with disabilities funded by a federal deducted tax from payroll. This has never happened before, and was predicted to not happen until 2016. The Social Security administration blames the current recession as the main cause for this deficit taking place. More than 15 million Americans are out of jobs. With less people working, there are less paychecks being taxed, and therefore, less revenue for the Social Security Administration. However, the administration says this will not affect benefits for 2010.

Since the 1980s, analysts have been trying to predict when the social security system would go into deficit. Most predicted it would take place somewhere between 2016 and 2020. Now we know it is happening now.

My friend Chai Feldblum, a former Georgetown University law professor, was sworn in April 7, 2010 as a Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Jacqueline A. Berrien, who became Chair of the EEOC earlier that morning, administered the oath of office.

Feldblum was nominated for the position of Commissioner of the EEOC on Sept. 15, 2009. She received a recess appointment on March 27, 2010, and will serve until the end of the Congressional session in 2011 absent confirmation by the Senate.

Feldblum has been a professor of law at Georgetown University Law Center since 1991, where she founded the Federal Legislation and Administrative Clinic, a program designed to train students to become legislative lawyers. As director of the clinic, she has worked with organizations such as Catholic Charities U.S.A., the David L. Bazelon Center for Mental Health Law, and the Epilepsy Foundation. Additionally, she was the Co-Director of Workplace Flexibility 2010, which advocates for flexible work arrangements, time off, and career flexibility in a manner that works for employees and employers.

Before becoming a law professor, Feldblum played a leading role in drafting the ground-breaking Americans with Disabilities Act of 1990 while serving as Legislative Counsel to the AIDS Project of the American Civil Liberties Union. Later, as a law professor, she was equally instrumental in helping with the passage of the ADA Amendments Act of 2008.

A graduate of Barnard College, Feldblum received her J.D. degree from Harvard Law School. After law school, she clerked for Judge Frank Coffin of the U.S. Court of Appeals for the First Circuit and then for Supreme Court Justice Harry A. Blackmun.

“I do not think it is possible to grow up as the daughter of a Holocaust survivor and not be committed to principles of pluralism and tolerance,” Feldblum said. “My entire professional life has been focused on civil rights and social welfare rights. In my legal work and in my scholarship, I have sought to advance the civil rights of all Americans, no matter their race, creed, gender, sexual orientation or gender identity. I look forward to continuing that important work as a Commissioner of the EEOC.”

Feldblum and Berrien join Commissioners Stuart J. Ishimaru and Constance S. Barker. With the addition of nominee Victoria Lipnic, who was also given a recess appointment and will be sworn in later in April, the EEOC returns to its full complement of five Commissioners. General Counsel nominee P. David Lopez, who was given a recess appointment, will be sworn in to his post tomorrow.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Social Security has unveiled its newest online service – an application for Medicare benefits.

This new online application, which takes less than 10 minutes to complete, is for people reaching the Medicare eligibility age of 65 who want to delay filing for Social Security retirement benefits.

Currently about a half million Americans enroll in Medicare each year without applying for monthly benefits.

“Social Security’s online services are the best in all of government and exceed the top private sector companies in customer satisfaction,” said Michael J. Astrue, commissioner of Social Security.

“The new Medicare application is a welcome addition to our suite of online services and will make it easier than ever to sign up for Medicare.”

To apply online for Medicare, go to www.socialsecurity.gov and choose Retirement/Medicare under the header, “Click Below To Apply For.”

You will be asked a brief series of questions. If you have a question or need additional information, there are convenient “more info” links. When you’re done, just click the “Sign Now” button to submit the application. There are no paper forms to sign, and usually no additional documents are required.

If more information is needed, Social Security will contact you by phone or letter.

For a variety of reasons, more and more Americans are choosing to delay receiving Social Security retirement benefits past the Medicare eligibility age of 65.

Although the age to collect full retirement benefits used to be age 65, it is now age 66 for individuals just becoming eligible for retirement benefits and will eventually become age 67. Benefits can be increased by up to 32 percent if someone delays receiving them until age 70.