This particular type of loan is generally defined as a small loan to be repaid with a single automatic withdraw from the borrower’s checking account when his or her next pay check is deposited into a checking account.  Some critics point out what they claim are
the exorbitantly high interest rates on these loans, and have assailed payday lenders as ruthlessly praying upon consumers who, as a last resort, have been forced into borrowing money between employment pay periods at these high rates in order to make ends meet.  Others have voiced support for this type of loan by pointing out that the consumer borrower would not have otherwise been able to feed his or her family, put gas in their car to travel to and from work, or keep their electricity on but for this loan product.

For a time Ohio law allowed lenders to charge an APR of 391% on these types of short-term loans.  (See, Ohio’s previously-repealed Payday Loan Act).  However, in 2008 the Legislature enacted the Short-Term Loan Act.  R.C. §§1321.35-1321.48 (STLA).  Among other things, this law typically limits these types of loans to the 8% annual interest rate found in Ohio’s general usury statute.  (R.C. §1343.01).

The Ohio Mortgage Loan Act (R.C. §1321.01 et seq.) (OMLA) is somewhat of a misnomer as it is a general-purpose licensed lender act permitting registrants to make not only mortgage loans but also other types of direct consumer loans.  A lender making
loans under the OMLA must register with the Ohio Department of Commerce.  Among other things, the OMLA governs the maximum interest rate a licensed lender may charge the consumer borrower, which, as set forth in R.C. §1321.571, is 25%.
Naturally payday lenders would prefer to charge 25% interest as permitted under the OMLA rather than the lower interest rate prescribed in the STLA.

Many Courts throughout the State of Ohio have agreed that payday lenders have the right to avail themselves of the interest rate found in the OMLA, and for several years the general rule of thumb is that the 25% rate is perfectly acceptable in these
types of loans.  A recent case in Lorain County, however, has cast some doubt as to whether that rule of thumb will continue.

In 2009, the Elyria Municipal Court ruled in Neighborhood Finance, Inc. dba Cashland v. Scott that by writing payday loans using the guidelines found in the OMLA, specifically the interest rate ceiling of 25%, lenders are attempting to circumvent the intent of the Ohio Legislature in repealing the Payday Loan Act and enacting the STLA.  The Judge in the Scott case ultimately held, among other things, that the payday lender could not legally charge the borrower 25% interest but rather was limited to the 8% rate found in the general usury statute.  It is important to note that Scott is currently being appealed to the Ninth District Court of Appeals in Lorain County, so the case is far from being the controlling law in Ohio.  But if the Appeals Court affirms the Trial Court’s ruling, that decision would become the controlling law in the Ninth District and it would create a split amongst Ohio Courts on this issue.  Should that occur, the Supreme Court of Ohio may ultimately have to decide what the law of the land is.

Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.

If you are receiving Social Security Disability Insurance benefits (SSDI), your benefits will be suspended if you are admitted for more than 30 continuous days to a jail or prison because you were convicted of a criminal offense. Your benefits can be reinstated starting with the month following the month you are released. Although you cannot receive monthly SSDI benefits while you are confined, benefits to your spouse or children will  as long as they remain eligible.

If you are receiving Supplemental Security Income (SSI), your payments are suspended while you are in prison. Your payments can be reinstated in the month you are released. However, if your confinement lasts for 12 consecutive months or longer, your eligibility for SSI benefits will terminate and you must file a new application for benefits. Similarly, neither SSDI nor SSI benefits can be paid if there is an active warrant for your arrest.

While you are in prison, your eligibility for Medicare Part A (hospital insurance) continues uninterrupted while you are in prison. On the other hand, Medicare Part B (medical insurance) will terminate if you do not pay your monthly premiums while you are in prison. To start Medicare Part B, you will need to file an application with SSA during a general enrollment period, which is January through March of each calendar year. If you file during this enrollment period, your Medicare Part B eligibility will begin on July 1 of that year.

If your Medicaid eligibility was terminated while you were in prison, you will need to contact your local social services office to reapply for Medicaid coverage.

If your SSDI or SSI benefits were suspended because you were in prison, you can request that they be reinstated. You will need to contact Social Security and provide a copy of your release documents before SSA can take action on your
request. SSA cannot start your benefits until you are actually released. Further, SSA must have your official release documents from the jail or prison where you were confined. Please remember to bring your release forms when you visit your local Social Security office. This will help SSA get your benefits started more quickly.

If you were not receiving either SSDI or SSI benefits before you went to prison or your benefits were terminated, you will need to file a new application for benefits if you think you may be eligible. You should contact Social Security for more information about filing a claim for benefits. You will need to provide proof of your release from prison, in addition to a new application and other documents.

 Will

Managing a will should not be neglected as it is extremely imperative. A will is a document which details the distribution of your property and owned interests following your death. Even if the amount is trivial, anyone who owns real or personal property should have a will. The inheritance laws of Ohio will delegate the distribution of your property if you do not have a will, as you will be considered to have died intestate. There are several drawbacks of dying without a will, such as: no control over how your property is distributed and having a judge decide the guardian of your children. Additionally, this will cost your heirs excess time and money to go through the probate process.

Living Will

In the event that you are not able to speak for yourself, it is critical that you have a living will to communicate your desires regarding life support and medical treatment to your health care providers and family members. Prior to going into effect, a living will generally requires doctor verification that you either have a terminal illness or are permanently unconscious. The use of a living will is reserved for the event that your ultimate recovery is beyond the bounds of possibility.

Durable Health Care Power of Attorney

In the event that you are unable to communicate wishes regarding your health care, The Durable Power of Attorney for Health Care designates an Attorney in Fact to make those decisions for you.  While this document also can relate to life termination and lifetime healthcare decisions, it differs from a living will in that a living will applies only to end of life circumstances, whereas a health care power of attorney covers all other medical-related decisions whenever you are unable to communicate your wishes yourself.  If you have both a living will and a health care power of attorney, the living will takes precedence regarding life termination decisions, while the health care power of attorney allows the attorney in fact to make decisions such as the access and release of medical records, the employment and termination of health care personnel, and choosing a health care facility. A general durable power of attorney is more common than a limited durable power of attorney; the difference lies in that a limited durable power of attorney regulates specific areas such as investments, property, and health care decisions, whereas a general durable power of attorney may permit your agent to perform every act which may be legally performed by you. It is essential to note that once named, your general durable power of attorney can make business decisions for you regardless of disability, incapacity, or incompetency. It is, therefore, in your best interest to be cautious when choosing your general durable power of attorney.

Revocable Trust

A document which provides for the management of the trust grantor’s property is called a Living Trust or Revocable Trust. The Trust directly affects only property which has been transferred into it and can control management of the property both prior to and following the grantor’s death.  Because of this, a Revocable Trust can serve as the substitute of a Will. While alive, the grantor has the freedom to add and withdraw property, change beneficiaries, or entirely revoke the trust. Trusts are advantageous for grantors who have younger beneficiaries, as they can be designed to stagger or delay the distribution of assets. Additionally, trusts are also useful for elderly grantors as well as those who are incapacitated and no longer wish or are able to manage their affairs.

Disability
Under both plans:

• A member must have at least 5 years of contributing service credit unless they are covered under the law enforcement division and become disabled due to an on-duty illness or injury.
• The member must go off the payroll because of a presumably permanent disabling condition, either mental or physical, which prevents the member from performing their current job duties. A disability benefit cannot be given due to a temporary illness or temporary disability. The disability does not have to have occurred on the job; a majority of the persons receiving a OPERS disability benefit became disabled as the result of a disease or an “off-the-job” accident.
• No more than two years have passed since contributing service has terminated, unless at the end of the two-year period the member was disabled and unable to file an application.
• The member is not receiving an age and service retirement benefit. Under the original plan, a member must file a disability application before age 60; under the revised plan, they may apply at any age.

The attorneys at the Law Office of Eric A. Jones, LLC can help you navigate the OPERS complex requirements, file your claim, and appeal denials.   There are no fees unless your claim for disability is approved.

Contact us for a free consultation at (614) 545-9998 or email consult@ericjoneslaw.com.

Information about Medicare changes for 2012, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

The Social Security Act provides for how the COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.

SSA Press Office  440 Altmeyer Building  6401 Security Blvd.  Baltimore, MD 21235
410-965-8904  FAX 410-966-9973

Author: Brett E. Schmied

Disability is something most people do not like to think about.  But the chances that you will become disabled probably are greater than you realize.  Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching full retirement age.  As a result, the Social Security Administration has instituted two programs in order compensate individuals who become disabled prior to reaching full retirement age.

Social Security Disability Insurance (SSDI), also known as Title II, is a disability benefit amount based on payments previously made into the Social Security system by a worker who has become disabled.  Therefore, the worker’s benefit amount is based on that worker’s earnings record.  In order qualify for SSDI, an individual must have earned enough “work credits.”  An individual worker must have 20 work credits within the past 10 years in order to be eligible for SSDI.  A worker can earn a maximum of four work credits in each calendar year.  Simply stated, if an individual has worked 5 of the last 10 years, they will likely be eligible for SSDI.

An individual will have to become disabled before their work credits drop below 20 within the past 10 years.  Individuals who receive SSDI are eligible for Medicare; however, Medicare eligibility does not begin until the individual has received SSDI benefits for 24 months.  No application is necessary for Medicare because eligibility occurs automatically in month 25 of receiving SSDI.  For more information on Medicare, please visit www.medicare.gov.

Supplemental Security Income (SSI), also known as Title XVI, is a federally financed, needs-based benefits program.  SSI guarantees an income for individuals with low income and resources on the basis of age, blindness, and disability.  The eligibility requirements are very different from SSDI.

First, there is no requirement that an individual earn any work credits.  SSI is a need-based program.  In order to qualify for SSI, a recipient must meet the following five criteria: (1) Categorical; (2) Residential; (3) Citizenship or Alien; (4) Resources; AND (5) Income.

(1) The individual needs to be at least 65 years old, blind, or disabled.

(2) The individual must have resided in the USA for at least 30 days.

(3) The individual must be a citizen of the USA or a qualified alien.

(4) The individual must have under a certain amount of resources.  A resource is defined as cash on hand, other than personal or real property, that an individual has some level of ownership and maintains some level of control. For an individual, the SSI resource limit is $2,000 in countable resources.  For a couple, the SSI resource limit is $3,000. Certain resources can be excluded including, but not limited to, the SSI recipient’s home, automobile, and personal/household goods.

(5) The individual must make under a certain income.  Income is anything an individual receives in cash or in kind that can be used to meet ones needs for food, clothing, and shelter.  Almost all income is countable, although there are some exclusions and deductions.  Income reduces the maximum monthly benefit to which a SSI recipient would otherwise be entitled.  Common sources of income include, but are not limited to, wages, tips, alimony, pensions, worker’s compensation benefits, unemployment benefits, among others.

Unlike SSDI, SSI recipients will likely not qualify for Medicare.  On the other hand, SSI recipients are likely immediately eligible for Medicaid but will need to apply for it.

Please contact us at (877) SSD-IWIN or email consult@ericjoneslaw.com for additional information.

If you have been terminated from employment and have not been offered the right to purchase continuing health care benefits through COBRA, you may have a claim against your previous employer regardless of whether you would have elected COBRA benefits.

Employers must provide notice of your right to continue your health care coverage. This notice has specific requirements and must be delivered within a specific time frame. If you received no notice or insufficient notice of your COBRA benefits, you may have a claim.

By failing to send proper NOTICE, your employer may be subject to:

1. a statutory penalty of up to $110 per day for each violation;

2. excise taxes;

3. liability for any beneficiary’s medical expense due to the gap in coverage;

4. attorney fees;

To establish a claim, you must have been covered under your company’s health insurance at the time your job ended. It does not matter whether you left voluntarily or were terminated. A few brief questions will help us determine whether the COBRA ‘notice’ requirements apply to your situation. Attorney’s fees would come directly out of any potential recovery. If you are interested in determining whether you may be eligible to recover against your former employer, please contact us at (614)545-9998.

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Law Office of Eric A. Jones, LLC

Phone: 614-545-9998 or (877) SSD-IWIN

Fax: 614-224-9300

580 S. High St., Suite 100

Columbus, Ohio 43251

Author: Brett Schmied

An overpayment occurs when Social Security is alleging that it paid a beneficiary more than it should have paid that particular beneficiary.  This is why it is important to report directly to your local Social Security office and inform Social Security a change occurred that could affect your monthly benefit amount. Please notify Social Security promptly by phone, mail or in person whenever a change occurs that could affect your benefits. Family members receiving benefits based on your work also should report events that might affect their payments.

The following must be reported: (1) if you begin working; (2) if you receive other disability benefits; (3) if you are offered services under Ticket to Work Program; (4) if you move; (5) if you change bank deposit accounts; (6) if you become unable to manage your benefits; (7) if you get a pension not covered by Social Security; (8) if you get married or divorced; (9) if you change your name; (10) if you care for child who receives benefits; (11) if you become a parent (either naturally or through adoption); (12) if you have an outstanding arrest warrant for certain felonies; (13) if you are convicted of a crime; (14) if you violate a condition of parole or probation; (15) if you leave the United States; (16) if your citizenship status changes; (17) if a beneficiary dies; (18) or if you receive Social Security or Railroad Retirement benefits.

There are two options if an overpayment issue arises.  First, if you agree that you have been paid too much and that the overpayment amount is correct, you have options for repaying it.

If you are receiving Social Security benefits, Social Security will withhold the full amount of your benefit each month, unless you ask for a lesser withholding amount and Social Security approves your request. Generally, Social Security will approve your request to a lesser withholding amount as long as the overpayment would paid within 3 years.

If you are receiving Supplemental Security Income (SSI), generally Social Security will withhold 10 percent of the maximum federal benefit rate each month. If you cannot afford this, you may ask that less be taken from your benefit. Or you may ask to pay back the overpayment at a rate greater than 10 percent. The same general rule for lowering the amount applies here. Social Security will not start deducting money from your SSI payments until at least 60 days after it notifies you of the overpayment. If you no longer receive SSI, but you do receive Social Security, you can pay back your SSI overpayment by having up to 10 percent of your monthly Social Security benefit withheld.

If you are not receiving benefits, you can: send a check to Social Security for the entire amount of the overpayment within 30 days; or contact Social Security to set up a plan to pay back the amount in monthly installments. Generally, Social Security will likely approve an amount that would eliminate the overpayment within 3 years.

If you are not receiving benefits, and you do not pay the amount back, Social Security can recover the overpayment from your federal income tax refund or from your wages if you are working. Also, Social Security can recover overpayments from future SSI or Social Security benefits. Social Security also will report the delinquency to credit bureaus.

Alternatively, if you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing form SSA-561 with your local Social Security office. Your appeal must be in writing. You should explain why you think you have not been overpaid or why you think the amount is not correct.

You have 60 days from the date on the original overpayment notice to file an appeal. Social Security will assume you got this letter five days after the date on it, unless you show Social Security that you did not get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal.

If you believe you should not have to pay the money back, you can request that Social Security waive collection. You must submit form SSA-632 at your local Social Security office. There is no time limit for filing a waiver. In order for the waiver to be granted, you must prove: (1) the overpayment was not your fault; AND (2) paying the amount back would cause you financial hardship or be unfair for some other reason.

Social Security may ask you to give it proof of your income and expenses. Social Security also may ask you to meet with a Social Security representative. If so, it is important for you to attend this meeting.

Social Security will stop recovering the overpayment until it makes a decision on either your request for an appeal or a waiver. Remember, any decision can be appealed.

Please contact us at (877) SSD-IWIN or email consult@ericjoneslaw.com for additional information.

Author: Eric Jones Law

The Ticket to Work program is voluntary. You get free training, job referrals and other services you need to work. You can give your “Ticket” to an approved provider of your choice. The provider can be either the state vocational rehabilitation agency or an employment network. You and the provider will work together to make a work plan. The plan states exactly what services the provider will furnish.

If you work with a state vocational rehabilitation agency and your Ticket is not assigned to them, once they close your case you may assign your Ticket to an employment network if you are still eligible to participate in the Ticket program. An employment network is a group that may help you find a job and provide other employment services for free. An employment network can be a single organization, or a group of providers. An employment network also can work with others outside their network to provide services

What happens to your benefits? If you have completed your trial work period, are working and have substantial earnings, your Social Security disability benefits may stop. There are some work incentives that may allow you to keep your cash payments for a while, and Social Security can quickly start your benefits again when your income drops or you stop work. If you are only receiving Supplemental Security Income (SSI), then payments are reduced as earnings increase until your benefits are completely eliminated by your earnings.

Although your cash benefits may cease, your health care will not necessarily stop.  Most Medicare beneficiaries can maintain their coverage for at least 8½ years after returning to work.

If you begin to work and stop, you can ask Social Security to start your benefits again, including Medicare or Medicaid. You will not have to apply again if your disability causes you to stop working within five years after your ­benefits stopped. You also may get temporary benefits—as well as Medicare or Medicaid—for up to six months while Social Security reviews your case.