Vancouver WA Family Law Blog

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.

Supplemental Security Income pays benefits based on financial need.

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. You are considered disabled under Social Security rules if:

• You cannot do work that you did before;
• Y ou cannot adjust to other work because of your medical condition(s); and
• Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

If you decide to apply, you can apply online or contact them by phone to start the application process.

At Morse Bratt Andrews & Foster, PLLC, we provide skilled, experienced and personalized service for Social Security disability claims. With roots stretching back to 1949, our firm offers a wealth of knowledge and insight into this area of law. To schedule an appointment, call 1-360-213-2040 or contact us online today.

We feel that the "service" of law is a profession worth following. Law, our rules and regulations, is a tool to solve problems and disputes in society. Being a lawyer is a way for us to facilitate positive change and give back to our communities, preserving the fabric of discourse and family life and supporting our growth as people.

Everyone deserves to have someone stand with him or her against the power of the government and entrenched corporate interests. Our lawyers are not afraid to stand up for you and zealously advocate for your rights. At Morse Bratt Andrews & Foster, PLLC, it's about more than just winning right now. It's about realizing how what you do now will affect you later.

Compassionate, Effective Representation In some areas of law, emotions and desires may be extremely entwined with our notions of legal rights and our goals. When we first meet clients, they are going into a difficult period. It's a very emotional time, and they are forced to make decisions that will impact the rest of their lives. Part of our task is to provide a sense of grounding in the midst of an extremely emotional state. We hope to provide the compassion our clients deserve while competently performing the legal tasks toward achieving their goals.

To do this, we have to engage them in real conversation -- not just a dry process. We try to give our clients tools to help them make better choices and to become more aware. During moments of extreme stress, you have two choices: one leads you to resolution and the other leads to exhaustion, frustration and a higher price tag. Our job is to help our clients to their goals without becoming distracted in the interim. Conflict allowed to reach its peak can result in years of poor relationships that inevitably follow. Engaging clients in meaningful conversation helps them to move past personal obstacles.

When it comes to Child Support and Tax Issues, many attorney's (and client's eyes glaze over and many times assume that things are a certain way. This certainly applies to the issue of a deduction for a non-custodial parent in a Dissolution action. Many Decrees state that the support paying parent is awarded a" Tax exemptions for the children shall be allocated as follows:...." And sometimes add "The parents shall sign the federal income tax dependency exemption waiver."

Many parents assume that this guarantees them the deduction. But not so fast. This is doubly at issue depending on whether it is Washington or Oregon. The fact of the matter is that the for parents who are divorced, or living apart from one another, or never married, the primary residential parent has the absolute right to claim the dependent child tax exemption, regardless of what our State Child Support Order provides. 

In Oregon, A state court judgment that declares which parent is the custodial parent and which one is the noncustodial parent, and then purports to "award" or "allocate" to the NCP the "right" to claim the dependent child tax exemption on a federal income tax return is an exercise in judicial futility. A parent (taxpayer) who has the right under federal law to claim the dependent child tax exemption cannot be deprived of that federal right at the whim of a state court judge.

Reaching a different conclusion, a Washington case, Marriage of Peacock, 54 Wn. App. 12 (1989) 771 P.2d 767 holds that the court can order a parent to sign IRS Form 8332, contrary to the holding in the Oregon. The Washington court decided that the court has the authority to "order" a party to sign the release. The Decree by itself does not confer the right, but the individual can be compelled to waive that right.

In sum, it is the federal right of the custodial parent to claim the dependent child tax exemption. A state court judge has no authority in Oregon to involuntarily deprive the custodial parent of that federal right. Washington differs. Without Form 8332, you have no legal right under the IRC to claim the child as your dependent for tax purposes either way you look at it. Be careful of this form. It allows a parent to waive for the particular tax year ONLY, and it also provides a waiver for EVERY tax year However, most attorneys would never advise a client to sign the form for EVERY year.

I am indebted to the contributors of the Clark County Bar Assoc. Family Law sections for the discussion from which this material was in part drawn.

Well, this is a shocker: people don't have a favorable opinion about the overtly political Supreme Court:

Public assessments of the Supreme Court have reached a quarter-century low. Unlike evaluations over much of the past decade, there is very little partisan divide. The court receives relatively low favorable ratings from Republicans, Democrats and independents alike.

We have increasingly seen the politization of the Supreme Court in recent years. The Senate's "right" to "advise and consent" has increasingly been withheld to ensure that only a narrow range of interests are represented. lacking is a true liberal or progressive voice and it is doubtful that someone like Felix Frankfurter or Wm. Brandeis would have a chance at conformation in today's super heated partisan political stand off.

A court that could extend and decide a case such as Citizen's United or Bush v. Gore is one where respect for the law and "We the People" have been suborned tot he entrenched interests at the expense of the many.