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Texas Social Security Questions & Answers
1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I am 59 years old, I am 100% P&T disabled through the VA. I am needing to file for SSDI, should I hire someone to help.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 27, 2022

Yes, it is usually better to hire an experienced disability attorney to help you with your SSDI claim because the administrative process can be complex. Social Security does not approve many cases at the initial level and many people have to appeal their claim. Data has shown that your chances of... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I'm on dialysis and, I receive SSDI I'd like to start a small business is this possible?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 20, 2022

Yes, you can do a some work and still get SSDI benefits. The Social Security encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments. Impairment-related work expenses, items or services... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... Read more »

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1 Answer | Asked in Divorce, Domestic Violence, Public Benefits and Social Security for Texas on
Q: If I didn't know I had a no contact order because my husband has baby momma named Sheila and she did tiime b4 we got ma

Married for domestic violence. I got arrested for domestic violence in2018 .get out on bond and Covid hits.i get a warrant for not reporting to bail bonds.they drop aggregate assault and got me on a continuous family violence. My mom bond's me out.well my mom died Sept 22. I haven't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

What to do depends on which jurisdiction the case was filed in. You should hire a criminal defense attorney who takes cases in the county where your case is pending and you should follow that attorney's advice about how to clear the warrant and defend the case.

1 Answer | Asked in Social Security for Texas on
Q: I need a lawyer to retype petition

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... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
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...
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1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

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?

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
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... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

1 Answer | Asked in Social Security for Texas on
Q: My husband gets ssdi. If he goes to jail and he supports me will I still be able to pay rent with his benefits
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 29, 2021

If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman
answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
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... Read more »

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1 Answer | Asked in Social Security for Texas on
Q: Disabled son was on SSA. Without notification, they stopped his checks. He has HSP. No cure yet, can someone help him?

He has been disabled since birth, he was on SSI, then he got on SSA, without any letter or any communication , they just stopped his checks, he had no option to appeal this decision. On the SSA site, it said he was no longer disabled. What can he do about this? He lives in Weatherford, Tx

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 13, 2021

He needs to contact his local Social Security office and get them to mail him a copy of the decision. It's possible that they had an old address for him and he did not get his notice. He may also have missed the mail for the case review. He can also call the national toll free number at... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I have been divorce for over 20 years is my ex wife entitled to any of my social security money?
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 5, 2021

That depends on how long you were married, whether or not she has remarried, etc. However, if she is eligible for payment based on your work record, it does not affect the amount of your payment.

1 Answer | Asked in Social Security for Texas on
Q: Hi, I wanted to find out what happens next after my SSDI case is granted through Federal Civil court.

court GRANTS Plaintiff’s motion for summary judgment and DENIES Defendant’s motion (I don't have a lawyer)

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 1, 2021

If you have a lawyer who represented you in Federal Court you should ask them. Typically this means that the Court has found in your favor in terms of the appeal. This does not necessarily mean that you have won your overall claim for benefits. Read through the Court's order. It will usually... Read more »

1 Answer | Asked in Social Security for Texas on
Q: My son father died right after winning his battle against social security. He was awarded about 90,000.

My son lives with me here in Texas the other child lives in oklahoma. What kind of claim do i file. When I went to social Security and applied for the remaining amount they said the kids don't get it. Both children get survivors benefits already from social security (rsdi). Their dad only... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2021

At death, back pay is owed to the deceased person's estate. The estate will get distributed by will or Trust, if he had them. If he doesn't have them state law will determine what happens to his estate.

I don't know which state the father was living in when he died, but most,...
Read more »

1 Answer | Asked in Education Law and Social Security for Texas on
Q: Is it required of teachers to fill out a SSA Teacher Questionnaire for a former student who has graduated and seeking

SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 22, 2021

No, it is not mandatory that a teacher complete a Teacher Questionnaire. However, please consider completing either the questionnaire or a letter to describe your former student's functioning because the information you provide is an important part of the disability assessment. For more... Read more »

2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter
answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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1 Answer | Asked in Social Security for Texas on
Q: How do I fight for the money my son father didn't receive due to death from social security? The dad has 2 male heirs.

My son father died right after winning his battle against social security. He was awarded about 90,000 and only received 38,000 before death. I was told the rest of his money goes to his children out side of the survivors benefits they are already getting. This all took place in oklahoma city... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

Assuming the children live with you you need to file a claim from wherever you are.

3 Answers | Asked in Social Security for Texas on
Q: Can I represent myself in a case against Social Security ?
Scott F Bocchio
Scott F Bocchio
answered on Feb 1, 2021

Hi, yes you can represent yourself.

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