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May 2019 Archives

Why some people receive disability back pay

Some West Virginia residents are entitled to back pay after their applications for disability benefits are approved. This is because they may have had a condition that resulted in a total disability before they decided to ask for compensation. Applicants might also be entitled to back pay for the time it took for their applications to work through the system. In some cases, this can take months or years.

Bayer ordered to pay more than $2 billion in Roundup cancer case

Roundup is the most popular weed killer in West Virginia and around the country, but its prolonged use has been linked to the development of deadly cancers including non-Hodgkin's lymphoma. Roundup was originally sold in the United States by Monsanto, which was acquired by the German multinational chemicals company Bayer in 2018. Bayer decided to proceed with the $66 billion deal despite knowing that the Missouri-based agrochemical manufacturer faced thousands of lawsuits over its controversial glyphosate-based herbicide.

Important dates for Social Security Disability back payments

The Social Security Administration has not established a maximum amount of back pay available to Social Security Disability applicants in West Virginia and around the country. The amount of disability benefit back payments is determined by such a large number of factors that establishing a maximum is practically impossible. The four most important factors impacting the payment amounts are the date of filing, the established date of onset, the waiting period, and the month of entitlement.

Family members could collect benefits as well

If an individual in West Virginia or any other state receives disability benefits, family members may also collect benefits. Children, current spouses and former spouses of the recipient may be entitled to up to 50% of the recipient's benefit. The extra benefits are capped at up to 180% of a disabled person's monthly payment, and a former spouse who receives a payment won't count toward that limit.

Worries about long-term viability of Social Security

Some people in West Virginia are concerned about reports from Social Security trustees that the program will face serious problems that could affect its viability. Trustees say that the cost of paying out benefits will exceed the program's income in 2020, marking the first time since 1982 that this was the case. They also warned that this situation, if allowed to continue, could deplete the program's $2.9 trillion trust fund entirely for people receiving retirement benefits before 2034. They also said that the disability funds trust could persist until 2052. Both retirees and people with serious disabilities rely on Social Security for income to cover basic, necessary expenses.

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Shawn Taylor, PLLC
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Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
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