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Questions Answered by Elizabeth Fowler Lunn
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
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 »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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... Read more »

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1 Answer | Asked in Social Security for California on
Q: CAN A MENTALLY ILL PERSON REPRESENT THEMSELF IN A SSI DISABILITY CASE

IF A DEFENDANT HAS A SSI DISABILITY CASE FOR BEING MENTALLY ILL AND BLIND - CAN HE REPRESENT HIMSELF IN COURT WITHOUT A COMPETENCY HEARING

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

1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

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... Read more »

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

1 Answer | Asked in Social Security for California on
Q: How can we obtain a legal court ( embossed), wet ink document appointing my wife, Mary Scott as executor of her aunts

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.

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

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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.

1 Answer | Asked in Social Security for Oklahoma on
Q: After being incarcerated for 4 years, I'm being told I must begin all over again to get my SSDI benefits, is this true?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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.

1 Answer | Asked in Social Security for Indiana on
Q: When I got a divorce, one of the agreements threw court was that I wouldn't have to pay child support.

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.... Read more »

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

1 Answer | Asked in Social Security for Indiana on
Q: I got divorced 8 years ago. My ex wife is the custodial parent of my son. I wasn't court ordered to pay child support.

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... Read more »

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

2 Answers | Asked in Social Security for Indiana on
Q: I get ssdi benefits for myself. I have a disabled 6 year old son in my home. Should I apply for ssi for him separately?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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... Read more »

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1 Answer | Asked in Social Security for Florida on
Q: My unmarried 22 yr old son receives disabled adult child ssdi. He's expecting a son next mo. Can baby receive benefits?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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.

1 Answer | Asked in Social Security for Pennsylvania on
Q: I'm 30 y.o. I'm receiving disabled adult child. If I go back to school am I always stuck at the amount of SSDI I makenow

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?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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 -... 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
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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2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

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

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2 Answers | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

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... Read more »

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

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1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

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.

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

1 Answer | Asked in Military Law for North Carolina on
Q: I have a question regarding Tennessee national guard

How the state handles issue with the national guard.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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?

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

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... Read more »

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

2 Answers | Asked in Social Security for Pennsylvania on
Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 24, 2021

Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often... Read more »

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1 Answer | Asked in Social Security on
Q: I am going to need legal assistance as age 20 special needs comes off Ssi and Ssdi due to income. Needs miller trust.

Miller trust retains FSSA Waiver and Medicaid.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 20, 2021

You will need to speak to an estate planning attorney in your area that regularly drafts special needs trusts. SSI benefits do have income and asset limits. SSDI benefits do not. You may be eligible to set up an ABLE account (depending on the source and amount of income) that would protect SSI and... Read more »

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