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Questions Answered by Elizabeth Fowler Lunn
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
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 on
Q: I have OA in both knees can I get disability?

The unemployment commission wants me to find a full-time job in order to get my unemployment. I am a medical screener at my present job my hours went down to part-time because of covid-19, They want me to look for full-time employment I recently had a total knee replacement on my right knee and I... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 12, 2021

Depending on how much you are currently working and earning you may qualify for disability benefits. There are several things Social Security will consider, including your age and your past work. But if you are earning what they consider to be substantial gainful earnings (even through part-time... 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
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 on
Q: Best way obtain social security work record
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 3, 2021

You can see the earnings Social Security has a record of by setting up for free account on Social Security’s website. You can also request that they mail you the record.

1 Answer | Asked in Social Security for New Jersey on
Q: My sister had child w/man & he immediately left her. My sister died & my niece was only 8. She received survivor ss

He married after my sister died. His children receive survivor benefits from my sister. My sister never met his children. How can this be? Social security took over $200 a month from my niece & split it with his 4 children he had with his wife. I don't understand how this can be. My sister... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 30, 2021

Since a birth certificate has to be supplied to prove parentage for a child to receive survivor's benefits, it is not likely that his other children are collecting a payment. The person that told you his children are collecting may just be incorrect. Your niece's legal guardian (if it is... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: Are there any pro bono laywers to help woth disability overpayments?

There is an overpayment they keep trying to stop my payments to pay back. When i moved 5 years ago to missouro from tennessee all of the sudden there was over payment but never have i ever recieved one unless it was when my mother was payee for me and said nothing. No one is giving me answers on... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 28, 2021

I would suggest contacting Legal Aid because they may have an attorney on staff or a volunteer attorney who can assist you with this. Try to collect any letters or notices you have gotten from Social Security about the overpayment they say that you owe.

A waiver of the overpayment is...
Read more »

1 Answer | Asked in Securities Law and Social Security for Louisiana on
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to

See how I can go about resolving this where I dont go to jail

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 10, 2021

If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about... Read more »

1 Answer | Asked in Social Security for Georgia on
Q: I’m in Georgia Can I draw ssd off my husbands if I don’t have enough credits off my own. I’m physically unable to work
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 7, 2021

Unfortunately you are not able to draw disability benefits based on his work record. The only exception to this is if you are over 50 and a widow. A widow who is over 50 and disabled can draw off of her deceased husband's record if her disability happens within 7 years of his death.

1 Answer | Asked in Social Security for Massachusetts on
Q: If I accept a lump sum payoff on my LT disability claim will it affect my ssdi benefit when I reach retirement age?

I receive part of my disability benefit from ssdi and part from Lincoln Financial (disability insurance through my employer). Will my total benefit stay the same when I reach retirement age?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

The amount of your Social Security benefit is not affected by your LTD payment. This assumes you are receiving regular Title II (SSDI) benefits from Social Security. The amount of your LTD payment may be reduced due to the receipt of your Social Security. That depends on the terms of your LTD... Read more »

1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... Read more »

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
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 Military Law for Louisiana on
Q: I was in the Army "Active Duty" from 2008-2012, Afghanistan from 2010-2011. How could I benefit from this?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 31, 2021

If you are asking about VA Compensation benefits, you can qualify for a monthly payment if you have a current medical condition that is related to your service - meaning it started while in service or was caused by something that happened to you while on active duty. In addition to monthly... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Can you presume that a 5-17 discharge for a medical reason would also trigger VA disability rating?

Being discharged for "adjustment disorder" and concerned that although its honorable, they will not document it properly and I'll not be entitled to treatment if I need it, or any other VA benefits, like GI Bill or a disability rating. Should I hire an attorney to make sure that... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 29, 2021

An attorney cannot assist you with your discharge paperwork. If your discharge is ultimately honorable (not all 5-17 discharges are honorable) then your should be taken through the process of getting a VA claim started.

You should make sure that any medical conditions are noted on your...
Read more »

1 Answer | Asked in Employment Law and Social Security for New Jersey on
Q: Should I be concerned I am being discriminated against for being on disability

I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 28, 2021

They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.

However I’m concerned that you think there is a...
Read more »

1 Answer | Asked in Social Security for Illinois on
Q: I filed for disability in 2009, I am on my 4th appeal, how do they determine back pay, I live in Illinois
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

Backpay is determined based on the date of your application and the date that Social Security ultimately determines to be the date you became disabled (onset date). For SSI benefits, the backpay goes back to the date of onset, but no earlier than the month following the month you applied. For SSDI... Read more »

1 Answer | Asked in Social Security on
Q: If I am a legal resident in the US and am married to a forin spouse can he get a social security number?

Because when am trying to file my taxes and I choose married filing jointly it ask for his social so I would want to know what to do

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

He has to have a status here that allows for him to obtain a Social Security number. Your question can probably be better answered by a tax attorney or an immigration attorney.

1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for New Jersey on
Q: Appeal for Social Security Disability: Denied coverage. Need representation on contingency basis.

Unemployed benefits has expired and currently have no income. Have had anxiety and depression since a child (14 years old). I'm 36 years old

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

I'm not in NJ but Social Security disability is a federal program so the rules are the same no matter what state you live in. If possible, I recommend hiring an attorney local to you that has a lot of experience in handling this type of case, particularly since you are younger. The good news... Read more »

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