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Questions Answered by Elizabeth Fowler Lunn
1 Answer | Asked in Social Security for Georgia on
Q: Can my boyfriend will me his social security benefits even though we aren't married

My boyfriend is making out his will and wants to will his social security benefits to me should anything happen to him but we aren't legally married

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answered on Jun 6, 2023

No he cannot do this. There are no benefits that he would receive after his death so there is nothing to give to you. After his death his minor children (if he has any) and his legal spouse may be eligible to receive survivor's benefits. There are also benefits that an older legal spouse may... View More

1 Answer | Asked in Social Security for Ohio on
Q: Do I need to find a Disability lawyer before applying or only after my first application is rejected?

At this point, I can't seem to figure out whether I'm even eligible. I'm 57 and am an adjunct music professor at a state university here in Ohio. I've suffered two strokes, though they were both 5 years ago, and while I can do my job, learning something new would prove quite a... View More

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answered on Feb 24, 2023

You do not have to hire an attorney to file your claim. Some people prefer to do that, particularly if they can find an attorney with a lot of experience handling Social Security cases who can assist you with the application. If you are still able to work, then that may make you ineligible for... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: Will social security withhold $6,000 or the updated amount of $7,2000?

Agreement for SSDI representation signed Aug 2021 states: "amount equal to 25% of the combined past due benefits awarded to Client and client's family, or the amount specified in 42 U.S.C. §406 (a) (Section 206 (a) of the Social Security Act), currently set at $6,000.00, whichever is... View More

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answered on Dec 12, 2022

SSA should withhold the $7200 as that is the amount in the statute in your agreement and is less than the full 25%. The fee agreement states only that the fee set in that statute was currently capped at $6000. The agreement limits itself to the statute, not the dollar amount listed.

1 Answer | Asked in Employment Law and Social Security for Kansas on
Q: My husband was just awarded SSD benefits. Now, the company that was paying his LTD wants all their money back.

SSD - Social Security Disability, LTD - Long Term Disability. Is it legal for MetLife to make him pay back their money? This was insurance that he was paying for out of his paychecks, from his former employer.

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answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them...
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1 Answer | Asked in Social Security for Minnesota on
Q: How can I find a lawyer who has expertise with application for disability benefits from the MN Dept Human Services?

My adult daughter (age 43) sustained a TBI and is not eligible for SSI because she had insufficient employment history when the TBI occurred. Although she lives independently, her long-term disability confounds her navigation of the complex procedures/processes.

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answered on Nov 25, 2022

I believe you mean your daughter does not qualify for SSDI (which is disability payments for having worked enough and paying into the Social Security system). Typically this means the only benefit available from Social Security would be SSI (Supplemental Security Income). The SSI program is also... View More

1 Answer | Asked in Social Security for California on
Q: SSA terminated benefits without a notice of hearing allegedly for not cooperating with a local county.

Is SSA authorized to outsource eligibility determination? and even when Local government is involved in legal matters with the SSDI recipient.

After years on SSDI, SSA reassessed and reapproved SSDI for another 5-7 years. Soon after SSA terminated SSDI without a notice of hearing.... View More

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answered on Oct 16, 2022

Social Security uses a state agency to make medical determinations at the initial and reconsideration stages. The agency is usually called Disability Determination Services, or something similar. This is often the same agency that makes the medical determinations for Medicaid.

When Social...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: I won SSI case from 3/21 to 6/22 I won after reconsideration but won’t get any back pay. Found disabled 6/22. Why don’t

Get any back pay but the 3 months

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answered on Oct 14, 2022

You haven’t provided all of the dates but most likely this has to do with your application date. SSI benefits are paid starting the later of the first calendar month after the application was filed or the date SSA finds that you became disabled (usually called an onset date).

So if you...
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1 Answer | Asked in Social Security for Colorado on
Q: Does SSDI convert automatically to SS retirement ? Thank

I'm 44 years old and I'm currently on SSD for the past 6 years. Does SSDI convert automatically to SS retirement ? Does the amount stay the same ? I started working when I was 26 years old. Got disabled at age 36.

Thanks

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answered on Oct 14, 2022

Yes. SSDI will automatically change over to retirement when you get to retirement age. The amount usually does not change.

1 Answer | Asked in Social Security and Criminal Law for North Carolina on
Q: So. I have been getting gifts of money from a person who has disabilities.

I met a guy online and he's been sending me money for years. We met on an app and became close. He told me later on about being autistic. Now apparently his personal case worker is trying to get me to pay the money back in payments or they are taking legal action against me. Do they have a right to?

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answered on Oct 14, 2022

Unfortunately you haven’t given enough information to know what kind of payments were made or what funds he used to send you the money.

Social Security does not provide case workers to people who receive benefits. Some people who receive benefits have a representative payee that helps...
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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... View More

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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... View 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... View More

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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... View 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... View More

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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... View 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
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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

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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... View 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

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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... View 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.
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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,... View 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.

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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... View 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... View More

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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... View 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 ?

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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... View More

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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... View More

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