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Joint Legal Custody in Divorce Cases

There are two types of joint custody under Utah law. These are joint legal custody and joint physical custody. I will…

Melvin Cook

Will Social Security Benefits Be Cut?

U.S. Congressional Representative Sam Johnson (R. Texas), who sits on the House Ways and Means Committee subcommittee for Social Security,…

Melvin Cook

Presumption Regarding Parent Time in Utah Custody Cases

I have previously posted on Utah’s presumed summer parent-time schedule for non-custodial parents. I have also posted on the parent…

Melvin Cook

Social Security Disability Insurance (DI) Trust Fund

The Board of Trustees of the Old Age and Survivors Insurance (OASI) Trust Fund reported in May, 2013 that the OASI…

Melvin Cook

Five Step Sequential Analysis for Disability Cases

In order to determine whether or not an individual filing for benefits is disabled, Social Security uses a five-step sequential…

Melvin Cook

Qualified Domestic Relations Orders in Utah Divorces

In Utah divorce cases, 401(k) plans, pension plans, and other retirement plans accumulated during the marriage are part of the marital…

Melvin Cook

Importance of a function-by-function analysis of an individual’s remaining work capacity in a social security disability case

Social Security Ruling (SSR) 96-8p outlines rules on determining a disability claimant’s residual functional capacity (RFC). RFC is the person’s…

Melvin Cook

Personal Injury Awards and Settlements in Utah Divorces

The question periodically arises as to how Utah Courts treat personal injury awards and settlements in dividing marital property in…

Melvin Cook

Residual Functional Capacity in Social Security Disability and SSI Cases

One of the most important considerations in any Social Security Disability or SSI claim is the claimant’s residual functional capacity, or…

Melvin Cook

The effect of a “less than sedentary” work capacity in a social security disability case

Social Security Ruling (SSR) 96-9p sets forth detailed guidelines for decision making when a disability claimant cannot perform a full…

Melvin Cook