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Questions Answered by Elizabeth Fowler Lunn
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 »

2 Answers | Asked in Social Security for Alabama on
Q: My nephew is paralyzed from a stroke - no assets or insurance. Can an attorney expedite SSD and Medicare benefits?

He is 50 with a 15 year old. Has not been employed for a couple of years. Brook wood is trying to move him as soon as they can find a facility that will take him without insurance, may even be out of state. He is not getting the physical therapy he needs.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 17, 2021

He needs an application filed for Medicaid as soon as possible and it’s likely that the hospital or rehab facility has started this process.

Depending on his work history he may be eligible for SSDI or SSI or both. An attorney can tell you which one he is likely to qualify for if you...
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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
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...
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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.

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