I’ve submitted a petition to the Fifth Circuit Court of Appeals but they want it wrote in different format, HELP
They gave Social Security to a White individual and not me and that’s discrimination,
The windfall law was removed in 1983, the Railroad Retirement Board gives... View More
answered on Oct 30, 2021
You are not going to find a lawyer who will just reformat your pleadings. I also do not think you need a lawyer who handles Social Security cases.
From your question I think you are suing Social Security for discrimination. If so, you need to find and hire a lawyer who handles federal... View More
In order for my daughter to get disability (to which she is entitled), she had to have a phone interview with the SSA. Because of her disability, she was incapable of being subjected to an interview, so I made believe that I was she. As it turned out, I had to take an oath on a recorded line that... View More
answered on Sep 30, 2021
You need to speak to a criminal attorney that handles federal fraud cases and find out if they can help you fix this. In addition you need to know that part of the interview process is to assess how your daughter functions. So hopefully you can get it straightened out so that the interviewer can... View More
MD would not release me for f/t work. Am RN.
Neuropsychiatrist eval established disability.
58 yo white female.
Offered PART-TIME transcription work (16 hr/wk).
Would be <1260/month.
Can't lose SSDI. Would this jeopardize it?
answered on Sep 21, 2021
Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... View More
answered on Sep 15, 2021
There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... View More
IF A DEFENDANT HAS A SSI DISABILITY CASE FOR BEING MENTALLY ILL AND BLIND - CAN HE REPRESENT HIMSELF IN COURT WITHOUT A COMPETENCY HEARING
answered on Aug 26, 2021
If you have applied for SSI and have an upcoming hearing with a Social Security ALJ for that claim you are not a defendant. Typically in Social Security hearings you are not required to have an attorney. That being said I would strongly encourage you not to represent yourself. There are a lot of... View More
We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... View More
answered on Aug 26, 2021
I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... View More
estate? We are dealing with social security, and need this court document to get info for her aunts estate. Can you help? thank you very much, Ca. and/or Roseville Ca. area only please.
answered on Aug 4, 2021
You will need to talk to the clerk of court where her aunt resided about the process. It will depend on whether or not her aunt left a will naming an executor. Your wife could also speak with an attorney that handles probate cases. Most attorneys who do estate planning (wills and trusts) will know... View More
answered on Aug 2, 2021
You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.
answered on Aug 2, 2021
Yes. You will need to file a new application for benefits. Benefits are ceased after 12 months of incarceration. If your minor children were receiving benefits because of your disability those likely continued while you were gone.
I got divorced 8 years ago. We both got joint custody. She however is the custodial parent. I haven't seen my son for at least 6 7 years now. My ex moved with my son and stopped contacting me. I don't know where they live now. He will be 18 soon. I remarried and have 2 other children.... View More
answered on Jul 20, 2021
You posted this question in another state and as was explained there, the order to pay or not pay child support under state law has no bearing on this federal benefits program. All of your biological children are eligible for benefits until they turn 18 or until 19 if they are still in high school... View More
I just got approved for ssdi. I'm remarried with 2 other children in my home. Their benefits are on hold until my ex wife is found and notified that my son that lives with her...may be able to receive benefits threw me. It's making it rough because I can barely support my wife and... View More
answered on Jul 20, 2021
All of your minor children are eligible me for benefits if your individual payment is below the family maximum payment. The difference between your payment and the family max can be up to 1/2 of your payment. Whatever that amount is will be split equally between your children. It does not reduce... View More
answered on Jul 19, 2021
You can apply for SSI benefits if your household is financially eligible. You should also file for dependent (sometimes called auxiliary) benefits for him. Those benefits are available if your payment is high enough and are based on your receipt of SSDI. There is no requirement that a minor child... View More
answered on Jul 10, 2021
Unfortunately, no the baby will not receive benefits. Your son is receiving benefits based on a parent’s earnings record rather than on his own record.
I'm on disabled adult child with survivor benefits. If I choose to go back to school to make an actual living and I apply for SSD retirement benefits in 30 something years will my benefits match the ones I currently get because I "dipped" into social security already?
answered on Jul 7, 2021
Right now the amount you are paid is based off your parent’s earnings record. If you go to school and then work until you reach retirement age you will draw a retirement amount based on your own earnings record. Your current benefits will stop once you are deemed able to work by Social Security -... View More
answered on Jul 6, 2021
If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... View More
I owned and personally managed and worked on the rental property.
answered on Jun 22, 2021
Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... View More
I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... View More
answered on Jun 22, 2021
I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... View More
I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.
answered on Jun 19, 2021
The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... View More
How the state handles issue with the national guard.
answered on Jun 10, 2021
Unfortunately your question is not clear. What issues do you want to know how the state handles? You mentioned the TN National Guard but it appears you live in NC. Which state are you referring to?
I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... View More
answered on Jun 5, 2021
Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.