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Questions Answered by Elizabeth Fowler Lunn
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
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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 Social Security for North Carolina on
Q: Under social security rules, how does the SS admin and DDS handle fraudulent healthcare records?

I have been disabled with PTSD for 3 years. The PTSD is from extreme criminal abuse by my former employer, Wells Fargo, and my former hospital, Atrium Health. I turned both in to the US DOJ, who sponsored a cover up + additional criminal abuse of me. The bulk of my healthcare records are from... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jun 12, 2022

You cannot appeal just the onset date. If you file an appeal to try to get an earlier onset date then you are appealing the entire decision. You may wind up with a final decision that you are not eligible for benefits at all. No matter what disability onset date you are given, you can only receive... 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
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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 Missouri on
Q: Ive filed for disability. Should i not be working while they deliberating or try to work during the process
Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Apr 19, 2022

If you are able to work at a substantial gainful activity level then you will not be found to be disabled.

1 Answer | Asked in Social Security for Florida on
Q: Social Security law and veteran of war/combat veteran

The Commissioner’s decision was based on legal error. (Identify all legal errors.) Social Security law regarding disability

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Apr 18, 2022

I’m not sure what you are asking. Did you file an appeal and this is the in the appeal decision? Or are you looking for someone to file an appeal for you based on legal errors in a decision? If you can provide more information about your situation then I may be able to provide you with an answer... Read more »

1 Answer | Asked in Social Security for Oklahoma on
Q: Hi , my daughter has been sick since she was 12 years old ,she was 44 at her death, she has a rare form of MS,

She has been on SSI since she was 19 ,she never worked, she has a 14 yr old son , I was told he would not qualify for survivor benefits cause she never worked , is this tru

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Apr 7, 2022

Typically a child is not eligible for benefits unless the deceased parent worked and was eligible for benefits on their own work record. If your daughter was on SSI then her child would not be eligible for benefits on her record. The child may be eligible for benefits on their father's record... 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
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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 Social Security for California on
Q: My daughter 21 is not disabled, and my husband was 47 when he committed suicide. I have learned about widows benefits.

There’s nothing his family can do or with hold from me or take me to court for.

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Feb 27, 2022

How his assets and debts are handled depend on the state law where he lived. You need to speak to an estate planning attorney to know what you may be responsible for in terms of his debts and whether you or your daughter would be entitled to any inheritance. These issues are not related to social... Read more »

1 Answer | Asked in Social Security for California on
Q: My husband just committed suicide his family wants me to sign over his SSI to our daughter 21, do I have to? Laws? Rule?

We married in 1998 separated in 2001 but never finalized the divorce. Word is our daughter is going to ask me to sign over his SSI, is this something that I need to get a lawyer for? Can his family require me to do so? Wouldn’t our daughter qualify for the Child SSI? Or is his SSI held because of... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Feb 27, 2022

There is no such thing as "signing over" SSI. If your husband was receiving Social Security disability or retirement benefits, those stopped with his death. If your adult daughter has been receiving benefits from his earnings record because she is disabled, those can continue. But no one... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am 66 and on Social Security, I get $11,000 a year and I live with my brother. Can he take me as a dependent ?

I am 66 and on Social Security and I receive $11,000 a year and I live with my brother. He takes me to my doctors appointments and I pay him for gas and help him pay the utilities and other bills. Since he helps me out and buys what I need can he take me as a dependent ?

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Feb 9, 2022

Whether you brother can claim you as a dependent on his tax returns Is something you should speak to a CPA or other tax professional about. Social Security doesn’t care about your tax status in this situation.

2 Answers | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jan 19, 2022

The majority of people are denied at the first two stages of the process so don’t let that discourage you. When you file the appeal make sure you give detailed information about all of your medical conditions and list all of your treatment providers. While a note from your doctor saying you are... Read more »

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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
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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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2 Answers | Asked in Social Security for New York on
Q: I told SSA under oath on a recorded line that I was my daughter in order to get disability, to which she is entitled.

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... Read more »

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

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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 »

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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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